All areas within the planning jurisdiction of the county are hereby divided into zoning districts. Within these districts, the use of land and water areas; the location, height, bulk, appearance and use of structures; the provision of parking and loading areas; signage; lighting; and the provision of buffers and screening areas are regulated as herein provided. All zoning districts within the county planning jurisdiction fall within one of the following three categories.

(a)

General use zoning districts. Each general use district category serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the planning jurisdiction. A general use district may be layered with an overlay district, which is a special type of general use district.

(b)

Conditional zoning districts.

(1)

All conditional districts are established as parallel or counterpart districts to a general use district. In such cases, references in the Code to the general use district shall be construed to also include the counterpart, conditional district. Conditional districts, like general use districts, may be layered with overlay districts.

(2)

Each conditional district with a counterpart general use district is intended to accomplish the purposes of the counterpart district through the development of identified uses at a specific location in accordance with this section. All regulations and uses, which apply to a general use district, also apply to the counterpart conditional use district and no use shall be allowed in the conditional district that is not allowed in its counterpart general use district. All uses intended to be made of the property must be disclosed in the application. there are no uses by right in a conditional use district and no use other than those expressly authorized by the zoning amendment shall be permitted.

(3)

Additional conditions, which may be suggested by the petitioner as part of the rezoning process, shall be binding upon property within a conditional district in perpetuity or until the property is rezoned by the county. Such conditions may include increased buffers, architectural features, access, parking, hours of operation, or any other feature of the development that is integral to meeting the spirit and intent of this article or that serves to mitigate the impacts of the development on adjacent property or the community at large. Such conditions must be enforceable by the county, presented by the petitioner during the public hearing as part of the rezoning petition, and agreed to by the board of commissioners during the rezoning process.

(4)

This is a voluntary procedure, which is intended for firm development proposals. It is not intended or suited for tentative or speculative proposals which may not be undertaken for some time.

(c)

Overlay zoning districts. Overlay districts are established to provide for certain additional requirements, to permit uses not otherwise permitted in the general use district, to prohibit uses allowed in the general use district, or to establish special development requirements for uses permitted. Thus, where overlay districts exist and there is a conflict between the requirements and/or uses specified between the overlay and the underlying district, the standards of the overlay district shall prevail. Otherwise, the standards of the general use district shall also be in effect for any area additionally zoned for an overlay district.

A zoning map amendment either establishing or changing any overlay district shall be subject to the same procedures and requirements as any other zoning map amendment.

(Amd. of 6-6-06(2); Amd. of 4-1-08, § 29)

The following zoning districts are hereby established:

(a)

RA—Rural Agricultural. The purpose of this district is to accommodate agricultural and residential uses in the rural areas of the county at a maximum of one (1) dwelling per three (3) acres. Given the very low-density of development, a limited number of nonresidential uses are also allowed in this district, which are not permitted in the other residential zoning districts.

(b)

RU—Rural Residential. This district accommodates low-density single family detached dwellings, modular homes, and manufactured homes at a maximum density of one (1) dwelling unit per acre. The district promotes agricultural uses and supporting commercial uses that also help preserve the rural character, and preservation of natural resources and scenic views of the surrounding area.

(c)

RR—Restricted Residential. This district is the most restrictive residential, district intended to accommodate low-density single-family detached dwellings and modular homes at a maximum density of two (2) dwelling units per acre.

(d)

R—Residential. The purpose of this district is to accommodate low-density single-family detached dwellings, modular homes, manufactured homes at a maximum density of two (2) dwelling units per acre. Multi-family housing is also permitted in this district, but may be exempt from the density requirements depending on location.

(e)

RM—Residential Manufactured Homes and Parks. This district accommodates the widest variety of residential uses including low-density single-family detached dwellings, modular homes, manufactured homes and manufactured home parks.

(f)

NB—Neighborhood Business. This purpose of this district is to accommodate small, limited retail and service land uses that provide goods and services to surrounding residential neighborhoods. Residential uses are also permitted at a maximum density of two (2) dwelling units per acre. The intent of this district is to encourage the location of convenience retail establishments, professional services, and offices that will be compatible with surrounding residential uses, discourage intensive land uses which require large land area; and limit the location of large traffic generating uses to arterial streets.

(g)

GB—General Business. The purpose of this district is to accommodate a wide variety of retail; business, professional, and personal services; office; and limited wholesale and warehousing uses. These uses are generally located on arterial streets with the capacity for additional commercial traffic.

(h)

CP—Corridor Protection. This overlay district is designed to promote well-planned, economically viable development that is compatible with and will enhance the visual appeal of the area by avoiding uncoordinated, strip development along arterial streets. It will also support safe and efficient traffic flow through these areas. The district boundaries shall extend along arterial streets, for a distance of five hundred (500) feet from and perpendicular to each side of the highway right-of-way.

(i)

LI—Light Industrial. The purpose of this district is to accommodate limited manufacturing, warehousing, wholesaling, and related commercial and service activities which have little or no adverse impact upon adjoining residential, business and industrial properties. Other land uses allowed within this district should be limited to those uses that support light industrial uses.

(j)

HI—Heavy Industrial. The purpose of this district is to accommodate a wide range of assembling, fabricating, manufacturing uses, and support retail and service uses. This district is established for the purpose of providing appropriate locations and development regulations for uses that may require special measures to ensure compatibility with adjoining residential or business properties.

(Ord. of 6-17-97; Amd. of 6-17-03; Amd. of 4-1-08, § 29; Ord. No. 23-07, 3-19-24)

The boundaries of these districts are hereby established as shown on a map(s) entitled "Official Zoning Map of Cleveland County, North Carolina", hereafter referred to as the zoning map, which is recommended and certified by the county planning board as required by G.S. § 160D-604. Said map and all explanatory material thereon accompanies and is hereby made a part of this chapter and shall be retained in the office of the administrator.

(Ord. of 6-17-97; Ord. of 6-1-21(1))

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the zoning map, the following rules shall apply:

(a)

Where district boundaries are indicated as approximately following the centerlines of streets, or street lines, such center lines or street lines shall be construed to be such boundaries.

(b)

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

(c)

Where a district boundary line divides a lot of two (2) acres or less in single ownership, the district regulations applicable to the district within the larger portion of the lot shall apply to the entire lot.

(Ord. of 6-17-97; Amd. of 4-1-08, § 29)

Editor's note— Amd. of June 17, 2003 repealed § 12-123.5 in its entirety. Former § 12-123.5 pertained to the rural agricultural district and derived from Ord. of June 17, 1997.

Within each zoning district indicated on the official zoning map and subject to all requirements and conditions specified in this Ordinance, land, buildings, and structures shall only be used, and buildings or structures shall only be erected which are intended or designed to be used for uses listed in the Table of Permitted Uses. Within this table, uses permitted by right in the various districts are indicated by a "Z," uses requiring a special use permit from the board of adjustment are indicated by a "S." A blank space in the table indicates that the use is not permitted.

The "North American Industry Classification System-2012" was utilized in the preparation of this table. NAICS is used by the federal government to describe business uses. NAICS (as amended) will be used as a guide to review all uses of the property to assure that all uses conducted on the property are permitted in the applicable zoning district. A use is not required to be the primary use of the property to be considered for zoning district permitted use purposes. When a use is not listed in the table, the administrator will attempt to classify it by the use most similar to it. If the administrator should determine that a use is not listed and is not similar to a use in the table, then said use is prohibited.

(Amd. of 6-17-03; Amd. of 4-6-04; Amd. of 1-18-05; Amd. of 3-1-05; Amd. of 3-21-06; Amd. of 9-5-06; Amd. of 3-18-08; Amd. of 3-3-09; Amd. of 11-16-10(2); Amd. of 3-20-12; Amd. of 10-2-12; Amd. of 11-5-13; Ord. of 4-5-16(1); Ord. No. 16-08, 9-6-16; Ord. No. 16-09, 9-6-16; Ord. of 2-18-20(1); Ord. of 8-4-20(1); Ord. of 10-6-20(1); Ord. of. 12-15-20(1); Ord. of 5-4-21(1); Ord. of 7-12-22(1); Ord. of 7-12-22(2); Ord. of 6-20-2023(1); Ord. No. 23-07, 3-19-24; Ord. No. 23-19, 3-19-24; Ord. No. 23-08, 7-9-24)

North Carolina General Statutes § 160D-903 specifically exempts a bona-fide farm from zoning regulations and some requirements contained in the North Carolina State Building Code. The provisions of this Code shall in no way regulate, restrict, prohibit, or otherwise deter a bona-fide farm or an agricultural use as defined in section 12 of this Code, except that any use of farm property for non-farm purposes is subject to the applicable provisions of this Code.

Any tract of land two (2) acres or more, on which agricultural activities are clearly a primary activity, or any tract of land in horticulture production regardless of the size, may also be exempt from zoning upon determination by the zoning administrator.

Manufactured homes (G.S. § 105-164.3(20)), modular homes (G.S. § 105-164.3(21b)), and motor vehicles (G.S. § 105-164.3(23)) on agricultural property must be used only for the purpose for which they were originally designed.

In order to qualify as a bona fide farm, the farm must meet one (1) of the following classifications:

(a)

Horticulture: Individually owned agricultural land consisting of one (1) or more tracts, one of which consists of at least two (2) acres that are in actual production or growing of fruits, vegetables, nursery, or floral products and have produced an average annual gross income of at least one thousand dollars ($1,000.00) for the sale of agricultural products produced from the land, during the last three (3) years, G.S. § 105-277.3(a)(2). These small farming operations must exhibit "best management practices."

(b)

Agriculture: Individually owned agricultural land consisting of one (1) or more tracts, one (1) of which consists of at least ten (10) acres that are in actual production or growing of crops, plants, or animals and have produced an average annual gross income of at least one thousand dollars ($1,000.00) for the sale of agricultural products produced from the land, during the last three (3) years, G.S. § 105-277.3(a)(1).

(c)

Forestland: Individually owned agricultural land consisting of one (1) or more tracts, one (1) of which consists of at least twenty (20) acres that are in actual production or growing of trees, G.S. § 105-277.3(a)(3).

(Amd. of 3-21-06; Amd. of 4-1-08, § 29; Ord. of 6-1-21(1))

North Carolina General Statutes § 160D-905 specifically exempts the antennas or antenna support structures of amateur radio towers from zoning regulations if less than ninety (90) feet in height.

(Amd. of 5-1-12; Ord. of 6-1-21(1))

Editor's note— Amd. of June 17, 2003 repealed §§ 12-125—12-130 in their entirety. Former §§ 12-125—12-130 pertained to the residential, manufactured homes and parks, neighborhood business, general business, light industrial and heavy industrial districts, respectively, and derived from Ord. of Jan. 4, 1994, § 9.8; Amd. of May 21, 1996; Ord. of June 17, 1997; Amd. of Dec. 17, 2002; and Amd. of Jan. 7, 2003.

The floodplain districts are hereby established as "overlay" districts, meaning that these districts are overlaid upon other zoning districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. The floodplain overlay districts are further described in article XIII.

The purpose of this district is to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions within flood-prone areas by provisions designed to:

(a)

Restrict or prohibit uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

(b)

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(c)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(d)

Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

(e)

Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters, or which may increase flood hazards to other lands.

(Ord. of 6-17-97; Amd. of 2-5-08)

This corridor overlay district is designed to promote well-planned, economically viable development that is compatible with and will enhance the visual appeal of the area by avoiding uncoordinated, strip development along arterial streets. It will also support safe and efficient traffic flow through these areas. The district boundaries shall extend along arterial streets, for a width of one thousand (1,000) feet, or five hundred (500) feet from and perpendicular to each side of the right-of-way.

(a)

Reserved.

(b)

Reserved.

(c)

Parking. Parking shall be provided by the following regulations and as required by section 12-141:

(1)

All loading and storage areas, and at a minimum, sixty (60) percent of all parking shall be located to the side and/or rear of all principal structures, except single-family, fronting the highway corridor. For corner lots, the side of the lot facing the more major thoroughfare shall be considered the front yard for the purpose of this requirement. Exceptions to this provision may be granted by the administrator under two (2) circumstances:

a.

When the applicant can demonstrate the placement of such facilities in the side and/or rear yards would require substantially greater clearing and grading than if such facilities were to be located in the front yard.

b.

When the applicant can demonstrate that the necessary vehicular and pedestrian circulation of the proposed use cannot function without front yard parking, loading and/or storage.

(2)

Trash containers and dumpsters shall only be located in the rear yard, unless the applicant can demonstrate, to the satisfaction of the administrator, that access to the rear yard would not be feasible for the purpose of servicing such trash container or dumpster. On corner lots, the rear yard shall be the yard opposite the arterial.

(d)

Access points and traffic movement.

(1)

Whenever a tract proposed for a residential subdivision borders on an arterial, all lots created out of such tract shall have sufficient frontage on another street so that direct access to such lot needs not be provided by the arterial, unless the applicant can demonstrate, to the satisfaction of the administrator, that compliance with this requirement is not reasonably practicable due to the size or shape of the tract to be subdivided. The final plat creating the subdivision shall indicate a limitation on access to the arterial for those lots that have alternative access.

(2)

For lots having more than five hundred (500) feet of frontage on the arterial, an access point shall be no closer than four hundred (400) linear feet from another access point.

(3)

For lots having less than five hundred (500) feet of frontage on an arterial, only one (1) access point onto that highway shall be allowed. Whenever possible, a minimum distance of two hundred (200) feet shall be maintained between access points of adjacent lots.

(4)

Ingress and egress from a corner or reverse frontage lot adjacent to a corner highway shall be limited to the more minor thoroughfare.

(5)

Adjacent or adjoining lots with small arterial frontages are encouraged to combine access points. In such instances, a wider access point may be permitted, conditioned on department of transportation approval.

Whenever separate or single parcels are assembled under one (1) purpose, plan, or usage, consolidation of existing direct access to the arterial shall be required to the extent feasible. Approval depends on the developer's plans to use existing access points, close other existing access points, and/or redesign and rebuild some existing access points. However, the spacing and number of access points shall not exceed the limits based on highway frontage.

(Ord. of 10-3-00; Amd. of 4-1-08, § 30; Amd. of 11-4-08)

The airport overlay district is intended to prevent the creation or establishment of airport hazards, thereby protecting the lives and property of users of the Shelby-Cleveland County Regional Airport and of occupants of land in its vicinity and preventing destruction or impairment of the airport and the public investment therein.

(a)

Airport zoning plan. In order to outline definitely the horizontal and vertical limits beyond which the projection of any structure or tree will constitute an airport hazard the airport zoning plan, dated July 15, 2004, is hereby incorporated into this Code and made a part thereof.

(1)

The established elevation of the airport is: Eight hundred forty-seven (847) feet MSL.

(2)

The airport reference point is established at a location described as follows: The midpoint on the NE-SW runway centerline; two thousand five hundred (2,500) feet from either end of the runway five thousand two (5,002) feet by one hundred (100) feet.

(b)

Protected surfaces. In order to carry out the purposes of this overlay district, the approach surface, horizontal surface, conical surface, and transitional surface are hereby established as hereinafter defined:

(1)

Approach surface. The approach surface zone is an inclined plane located directly above the approach area. The dimensions of the approach area are measured horizontally. The approach areas for each particular runway are symmetrically located with respect to the extended runway centerlines and have lengths and widths as shown on the airport zoning plan, which also shows the slopes of the respective approach surface zones.

(2)

Horizontal surface. The horizontal surface is a plane, circular in shape, with its height one hundred fifty (150) feet above the established airport elevation and having a radius from the airport reference point as shown on the airport zoning plan.

(3)

Conical surface. The conical surface extends upward and outward from the periphery of the horizontal surface zone with a slope of 20:1 measured in a vertical plane passing through the airport reference point. Measuring radially outward, from the periphery of the horizontal surface zone, the conical surface extends for a horizontal distance as shown on the airport zoning plan.

(4)

Transitional surface. The transitional surfaces are inclined planes with a slope of 7:1 measured upward and outward in a vertical plane at right angles to the centerline of the runway. The transitional surface zones, symmetrically located on either side of the runway, extend upward and outward from a line on either side of the runway, which is parallel to and level with the runway centerline. These parallel lines are at a horizontal distance from the runway centerline equal to one-half of the minimum width of each approach area.

(c)

Height limits.

(1)

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport approach surface, horizontal surface, conical surface or transitional surface to a height in excess of the height herein established for such zone. For purposes of this regulation, height limits shown on the airport zoning plan are hereby established for each surface. The height limit for a particular location shall be the difference between the existing ground elevation and the surface elevation as shown by aerial contours.

(2)

Notwithstanding any other provisions of this article, the height limits prescribed by this article shall not establish for any particular parcel of land at any particular point on such parcel, a height limit of less than thirty (30) feet above the ground elevation at that point.

(d)

Use restrictions. Notwithstanding any other provisions of this article, no use may be made of land within any approach surface, horizontal surface, conical surface or transitional surface, in such manner as to create electrical interference with radio communication between airport and aircraft, make it difficult for pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off or maneuvering of aircraft.

(e)

Nonconforming uses. The regulations prescribed in subsections (c) Height limits and (d) Use restrictions, shall not be construed to require the removal, lowering or other change or alternation of any structure or tree not conforming to the Code as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alternation of which was begun prior to the effective date of this amendment, and is diligently prosecuted and completed within two (2) years thereof.

(f)

Variances. Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this ordinance, may apply for a variance (see section 12-62). Such a variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the Code.

(g)

Permits.

(1)

Future uses. No material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established, in any airport approach surface, horizontal surface, conical surface or transitional surface, unless a permit therefore shall have been applied for and granted. Each such application shall indicate the purpose for which the permit desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit applied for shall be granted.

(2)

Existing uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, within any airport approach surface, horizontal surface, conical surface or transitional surface, a permit must be secured, authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this article or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change or repair of existing use, structure or tree shall be granted.

State Law reference— Permits, G.S. § 63-32.

(h)

Hazard marking and lighting. Any permit or variance granted under this section may, if such action is deemed advisable to effectuate the purposes of this article and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City of Shelby, at its expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Amd. of 2-1-05; Amd. of 4-1-08, § 31)

State Law reference— Obstruction marking and lighting, G.S. § 63-32.

Editor's note— Amd. of Feb. 1, 2005 amended the Code with the addition of a new § 12-134. In order to avoid the duplication of section numbers, the provisions of said amendment have been included herein as § 12-133 at the discretion of the editor.

The water supply overlay zoning district is intended to ensure that the quality of public water supplies is protected while allowing limited orderly development. Watershed regulations protect water quality by requiring vegetated watershed buffers around surface water bodies and streams, and by limiting impervious surface coverage. The water supply overlay district shall be applied to those areas of the county, which are designated as water supply watersheds by the environmental management commission. Portions of this district are designated as critical areas by the environmental management commission.

(a)

Existing development. Existing development is not subject to the requirements of this section. Expansions to structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculations.

(b)

Pre-existing lots. A pre-existing lot owned by an individual prior to the effective date of the watershed ordinance (see section 12-4) or this section, for water supply watersheds designated since the effective date of the watershed ordinance, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions of this section.

(c)

Allowed uses.

(1)

Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990.

(2)

Forestry, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).

(3)

Residential development (single-family, two-family, cluster and multi-family development).

(4)

Nonresidential development, excluding:

a.

The storage of toxic and hazardous materials unless a spill containment plan is implemented;

b.

Discharging landfills;

c.

New sites for land application of residuals or petroleum contaminated soils (in critical area only); and

d.

New landfills (in critical area only).

(d)

Density and built-upon limits.

(1)

Single-family residential development shall not exceed one (1) dwelling unit per one-half (½) acre in the balance of Watershed IV and the balance of Watershed III, while single-family residential development shall not exceed one dwelling unit per one (1) acre in the Critical Area of Watershed III and Watershed IV, on a project-by-project basis.

(2)

All other residential and nonresidential development shall not exceed twenty-four (24) percent built-upon area in the balance of Watershed IV and the balance of Watershed III, while development shall not exceed twelve (12) percent built-upon in Critical Areas of Watershed IV and Watershed III, on a project-by-project basis.

(e)

Cluster development.

(1)

Minimum lot sizes are not applicable to single family cluster development projects; however, overall density of any development shall not exceed one (1) dwelling per one-half (½) acre in the balance of Watershed III and in the balance of Watershed IV. The overall density of any development shall not exceed one dwelling per acre in the Watershed III Critical Area and Watershed IV Critical Area.

(2)

All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

(3)

The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owners' association, the title of the open space area shall be conveyed to the association for management. Where the property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

(f)

Buffer areas.

(1)

A minimum thirty-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Such buffer shall be a minimum of one hundred (100) feet wide for development activities utilizing the seventy (70) percent built-upon area option in section 12-134(4)(b). Desirable artificial stream bank or shoreline stabilization is permitted.

(2)

No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.

(g)

Public health, in general.

(1)

No activity, situation, structure or land use shall be allowed within the water supply overlay district which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

(2)

The administrator shall monitor land use activities within the water supply overlay district to identify situations that may be a threat to water quality. The administrator shall report all findings to the board of commissioners. Where the board of commissioners finds a threat to water quality and the public health, safety and welfare, shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation as herein authorized.

(h)

Records.

(1)

Seventy (70) percent built-upon area option. The administrator shall keep records of the jurisdiction's use of the provision that a maximum of ten (10) percent of the water supply watershed, excluding critical area, may be developed with other residential and nonresidential development to a maximum of seventy (70) percent built-upon area. Records shall include the total acres of water supply watershed area (excluding critical area), total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, acres, site plan, use, stormwater management plan, as applicable, and inventory of hazardous materials, as applicable.

(2)

Amendments. The administrator shall keep records of all amendments to this chapter related to the water supply overlay district and its administration and shall provide copies of all such amendments, upon adoption, to the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Environmental Health, as well as to the North Carolina Department of Commerce, Division of Community Assistance

(3)

Variances. The administrator shall keep a record of watershed variances granted under article V of this chapter. This record shall be submitted to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for each calendar year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(Ord. of 10-3-00; Amd. of 4-1-08, § 32; Ord. of 8-3-21(1); Ord. of 10-5-21(1); Ord. of 1-20-22(2))

Editor's note— Amd. of June 17, 2003 repealed § 12-135 in its entirety. Former § 12-135 pertained to conditional uses and derived from Ord. of June 17, 1997; Ord. of Oct. 3, 2000; Amd. of Sept. 4, 2001; Amd. of Aug. 6, 2002.

Customary home occupations may be established in any principal dwelling unit. The following requirements shall apply in addition to all other requirements of this section for the district in which such principal dwelling unit is located:

(a)

The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the residential character of the dwelling.

(b)

No accessory structures or outside storage of materials or equipment shall be allowed in connection with the home occupation.

(c)

Use of the dwelling for the home occupation shall be limited to twenty-five (25) percent of the heated finished area of the principal residential structure. Any portion of an attached garage or basement may also be devoted to the home occupation.

(d)

Residents of the dwelling plus a maximum of one (1) nonresident may be engaged in the customary home occupation or otherwise report to work at the dwelling.

(e)

No display of products shall be visible from any adjoining streets or properties. Sales of products are limited to those made or reconditioned on the premises and those which are necessary to the service being provided.

(f)

No external alterations inconsistent with the residential use of the dwelling shall be permitted.

(g)

Only vehicles used primarily as passenger vehicles (e.g. automobiles, vans and pick-up trucks) shall be permitted in connection with the conduct of the customary home occupation.

(h)

Chemical, mechanical, or electrical equipment that creates odors, light emission, noises, or interference in radio or television reception detectable outside the dwelling shall be prohibited.

(i)

Customary home occupations may be in operation at any time between the hours of 8:00 a.m. and 9:00 p.m.

(Ord. of 9-19-00; Ord. of 10-3-00; Amd. of 4-1-08, § 32)

A rural home occupation may take place in the same portion of the dwelling as set forth in section 12-136 of this chapter and/or in one (1) accessory structure on the lot. Type A Rural Home Occupations are allowed in the RU, RA, RM and R zoning districts with the issuance of a zoning permit. Type B Rural Home Occupations are allowed in the RU and RA zoning districts with the issuance of a zoning permit. Rural home occupations must meet the following specifications:

(a)

Type A Rural Home Occupation.

(1)

Said accessory structure shall be located in the rear yard only and shall also be located at least seventy-five (75) feet from any existing principal residence on any adjacent parcel of land and at least twenty-five (25) feet from any adjoining lot line.

(2)

No outside storage of materials or goods shall be permitted.

(3)

The operator of the rural home occupation must reside on the same lot as where the rural home occupation takes place.

(4)

No more than one (1) person who does not reside on the premises may be employed at the home occupation.

(5)

Chemical, mechanical or electrical equipment which creates odors, light emission, noises or interference in radio or television reception detectable without the use of instruments beyond the lot shall be prohibited.

(6)

No display of products shall be visible from any adjoining street.

(7)

Rural home occupations may be operated at any time between the hours of 7:00 a.m. and 8:00 p.m.

(8)

Vehicles used primarily as passenger vehicles may be permitted in connection with the conduct of the rural home occupation. Commercial vehicles may also be used so long as such vehicle does not contain more than two (2) axles nor have a load capacity in excess of one (1) ton.

(9)

One (1) non-illuminated ground sign advertising the rural home occupation, not to exceed fifteen (15) square feet, may be placed on the property. Said sign shall not exceed four (4) feet in height and shall be located at least ten (10) feet off of any right-of-way. One (1) attached sign advertising the rural home occupation may be permitted as well. Said attached sign shall not exceed one (1) square foot for each lineal foot of building wall facing a street.

(b)

Type B Rural Home Occupation.

(1)

Shall only exist on a single parcel that is five (5) acres or more in size.

(2)

Said accessory structure and parking area shall be located in the rear yard only and shall also be located at least one hundred fifty (150) feet from any existing principal residence on any adjacent parcel of land and at least one hundred (100) feet from any adjoining property line.

(3)

Driveway serving the home occupation shall be located a minimum distance of one hundred (100) from all property lines, excluding the road right-of-way used for access.

(4)

The operator of the rural home occupation must reside on the same lot as where the rural home occupation takes place.

(5)

No more than five (5) persons who do not reside on the premises may be employed at the home occupation.

(6)

Chemical, mechanical or electrical equipment which creates excessive odors, light emission, noises beyond the lot shall be prohibited.

(7)

Type B screening, as outlined in section 12-305, shall be required between the structure and all exterior property lines, unless existing screening is deemed sufficient by the administrator.

(8)

Rural home occupations may be operated at any time between the hours of 7:00 a.m. and 8:00 p.m.

(9)

Up to five (5) two-axle vehicles owned by the business are allowed.

(10)

One (1) non-illuminated ground sign advertising the rural home occupation, not to exceed fifteen (15) square feet, may be placed on the property. Said sign shall not exceed four (4) feet in height and shall be located at least ten (10) feet off of any right-of-way. One (1) attached sign advertising the rural home occupation may be permitted as well. Said attached sign shall not exceed one (1) square foot for each lineal foot of building wall facing a street.

(Ord. of 9-19-00; Ord. of 10-3-00; Amd. of 6-18-02; Amd. of 2-6-07; Amd. of 4-1-08, § 33; Ord. No. 23-09, 3-19-24)

(a)

On any residential lot, accessory buildings and structures shall not be located in any front yard required for principal buildings, shall not cover more than thirty (30) percent of any rear yard required for the principal building, and shall be at least twenty (20) feet from any building used for human habitation on adjoining lots. Exceptions to this rule include detached garages and carports, used for operable vehicles, which are allowed within the front side yard of any principal dwelling, under the following conditions:

(1)

Garages and/or carports may be no larger than fifty (50) percent of the square footage of the principal building's footprint.

(2)

The garage or carport shall observe a minimum setback of one hundred (100) feet from the street right-of-way and shall observe all other principal dwelling setbacks, as stated in section 12-173.

(3)

Only one (1) garage or carport may be placed in the front side yard per parcel.

(b)

Accessory buildings designed or used for human habitation as may be permitted by this chapter shall be located no closer to the principal building than thirty (30) feet and shall meet the side yard requirements for the district in which located.

(c)

A double garage, one-half (½) of which would be located on each of two (2) lots, shall be permitted in any residential district, provided a written request signed by both parties is submitted with the building permit application.

(d)

On any lot or tract in the RA district, accessory buildings and structures shall be at least twenty (20) feet from any building used for human habitation on adjoining lots.

(e)

Outdoor swimming pools shall be protected by a fence or equal enclosure, a minimum of four (4) feet in height, equipped with a self-locking and positive self-latching gate provided with hardware for permanent locking. This enclosure is intended to protect against potential drowning by restricting access to swimming pools.

(f)

See also section 12-174, accessory building setback requirements.

(Ord. of 6-17-97; Ord. of 9-19-00; Ord. of 10-3-00; Amd. of 12-17-02; Amd. of 4-1-08, § 34; Ord. of 11-5-19(1))

Temporary structures used in connection with the construction, repair, or renovation of a permanent building or for some other non-recurring purpose are permissible with a zoning permit in all districts. However, such uses are subject to the following requirements:

(a)

Permits for such uses shall expire automatically within the period established by the administrator not to exceed two (2) years and the expiration date shall be written on the face of the permit.

(b)

Upon the expiration of a permit or when the original reason for the temporary structure no longer exists, whichever occurs first, the structure shall be removed forthwith.

(Ord. of 6-17-97; Ord. of 9-19-00; Ord. of 10-3-00; Amd. of 4-1-08, § 34)

(a)

In the R, RA, RM, RU and RR districts, one (1) manufactured home may be permitted in a rear yard on a temporary basis provided the board of adjustment issues a conditional use permit after finding that a personal hardship situation justifying such a special exception exists. Such hardship shall involve the need to care for elderly parents or other dependents of the family occupying the principal building. Reasons justifying separate quarters shall be incompatibility, contagious disease, illness, or lack of adequate space within the principal building.

(b)

Conditional use permits authorizing the use in subsection (a) may be issued in such cases for a period up to five (5) years, but may be renewed for successive periods for so long as the hardship continues to exist. Application for renewal of the permit shall be made and approved at least thirty (30) days prior to the expiration date of the then current permit.

(c)

All such manufactured homes must have access to approved water and sewer systems and such manufactured homes must be maintained to prevent any nuisance conditions.

(d)

Temporary residences authorized under this section shall not be subject to the density limitations set forth in article X, but shall be subject to applicable setback requirements.

(e)

In addition to other applicable requirements, manufactured homes used as temporary residences shall comply with the standards in section 12-156.

(Ord. of 6-17-97; Ord. of 9-19-00; Ord. of 10-3-00; Amd. of 4-1-08, § 35; Ord. No. 23-07, 3-19-24)

(a)

In the R, RA, RM, and RR districts, one (1) temporary family health care structure may be permitted on a temporary basis provided the zoning administrator issues a zoning permit.

(b)

The temporary structure can house a single mentally or physically impaired person who requires assistance from an adult caregiver with two (2) or more daily activities including bathing, dressing, personal hygiene, ambulation, transferring, toileting, and eating. A North Carolina licensed physician must certify the impairment.

(c)

The caregiver must be at least eighteen (18) years of age and a relative of first or second degree lineage to the impaired person.

(d)

The land the temporary structure is to be placed on shall be owned by either the impaired person or the caregiver.

(e)

Temporary structures are limited to transportable residential units that are assembled off-site and comply with North Carolina State Building Code. The units can have a maximum of three hundred (300) square feet and must not be placed on a permanent foundation. All temporary structures must be located in the rear yard, have connection to approved water, sewer systems, and electric utilities, and must be maintained to prevent any nuisance conditions.

(f)

Zoning permits authorizing the use in subsection (a) may be issued in such cases for a period up to one (1) year, but may be renewed for successive periods for so long as the hardship continues to exist. Application for renewal of the permit shall be made and approved at least thirty (30) days prior to the expiration of the then current permit.

(g)

Temporary structures authorized under this section shall not be subject to the density limitations set forth in article X, but shall be subject to applicable setback requirements.

(h)

The temporary structure must be removed within sixty (60) days after care-giving on the site ceases.

(Ord. No. 14-12, 11-4-14)

Automobile parking or storage space shall be provided on every lot on which any of the uses listed below are hereafter established in all zoning districts, except if no parking space can reasonably be provided on the same lot, such space shall be provided on any lot, a substantial portion of which is located within five hundred (500) feet of such use.

(1)

Automobile sales and repair: One (1) space for each two (2) employees at maximum employment on a single shift, plus two (2) spaces for each three hundred (300) square feet of repair or maintenance space.

(2)

Bowling alleys: Two (2) spaces for each alley, plus one (1) additional space for each two (2) employees.

(3)

Churches and funeral homes: One (1) space for each four (4) seats in the main chapel or maximum number of occupants in the building by North Carolina Fire Code.

(4)

Elementary schools and junior high schools, both private and public: One (1) space for each classroom and administrative office.

(5)

Hospitals: One (1) space for each four (4) patient beds plus one (1) space for each staff or visiting doctor, plus one (1) space for each two (2) employees at maximum employment on a single shift.

(6)

Libraries: One (1) space for each four (4) seats provided for patron use.

(7)

Motels, hotels, tourist homes and tourist courts: One (1) space for each accommodation, plus one (1) additional space for each two (2) employees.

(8)

Medical offices and clinics: Four spaces (4) for each doctor practicing at the clinic, plus one (1) additional space for each employee.

(9)

Offices, professional, business and public including banks: One (1) space for each two hundred (200) square feet of gross floor area.

(10)

Places of public assembly including private clubs and lodges, auditoriums, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks, armories, community centers, and all similar places of public assembly: One (1) space for each four (4) seats provided for patron use, plus one (1) space for each 100 square feet of floor or ground area used for amusement or assembly but not containing fixed seats.

(11)

Residential dwellings: Two (2) spaces for each single family dwelling unit or one and one-half (1½) spaces for each unit in a multi-family dwelling.

(12)

Restaurants, indoor: One (1) space for each three (3) seating accommodations, plus one (1) space for each two (2) employees on the shift of the largest employment.

(13)

Restaurants, drive-in: Parking space equivalent to five (5) times the floor space in the main building.

(14)

Retail business and consumer service outlets: One (1) space for each three hundred (300) square feet of gross floor area.

(15)

Rooming and boarding houses: One (1) space for each three (3) guest rooms, plus one (1) additional space for the owners, if resident on the premises.

(16)

Sanitariums, rest or convalescent homes, homes for the aged, and similar institutions: One (1) space for each four (4) patient beds, plus one (1) space for each staff or visiting doctor, plus one (1) space for each two (2) employees at maximum employment on a single shift.

(17)

Senior high schools and colleges, both public and private: One (1) space for each ten (10) students for whom the school was designed, plus one (1) space for each classroom and administrative office.

(18)

Service stations: Two (2) spaces for each gas pump plus three (3) spaces for each grease rack or similar facility.

(19)

Shopping centers: One (1) parking space for each four hundred (400) square feet of gross floor area.

(20)

Manufactured home parks: Two (2) spaces for each unit.

(21)

Wholesaling and industrial uses: One (1) space for each two (2) employees at maximum employment on a single shift.

Each parking space shall be designed in accordance with the "Traffic and Transportation Handbook" standards, provide adequate egress and ingress, and maneuvering space.

No certificate of occupancy shall be issued upon completion of any development unless and until all off-street parking required by this section shall be in place and ready for use.

(Ord. of 6-17-97; Ord. of 9-19-00; Ord. of 10-3-00; Ord. of 4-5-22(1))

(a)

There shall be a map(s) known and designated as the "official zoning map", which shall show the boundaries of all zoning districts within the county's planning jurisdiction. This map shall be in a form (printed or digital) from which copies can be made, shall be dated, and shall be kept in the planning department.

(b)

The official zoning map of the Moss Lake Zoning District dated January 15, 1973, and the I-85/US-29 Industrial Corridor dated July 20, 1995, and the Fallston-Waco Zoning District dated June 17, 1997, and the Joe's Lake Road Zoning District dated June 17, 1997, as amended, are adopted and incorporated herein by reference. Future amendments to this map(s) shall be made and posted in accordance with section 12-148.

(c)

Should an official zoning map be lost, destroyed, or damaged, the administrator may have a new map prepared in a form (printed or digital) from which copies can be made. No further authorization or action is required so long as no district boundaries are changed in this process.

(Ord. of 6-17-97; Amd. of 4-1-08, § 36)

(a)

Amendments to an official zoning map are accomplished using the same procedures that apply to other amendments to this chapter, as set forth in section 12-321.

(b)

The administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the board of commissioners. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.

(c)

No unauthorized person may alter or modify an official zoning map.

(d)

The planning department shall keep copies of superseded prints of the zoning map for historical reference.

(Ord. of 6-17-97)