(a)

Mobile offices.

(1)

Mobile offices may be used on a temporary basis for such purposes as construction offices, bloodmobiles, bookmobiles and traveling exhibits. However, such uses must obtain a temporary use permit from the planning and inspections director or their designee if the use is to last more than 48 hours at one site.

(2)

Mobile offices may also be used for other office or business purposes in cases where the permanent structure has been destroyed through no fault of the owner or tenant. A temporary use permit must be obtained before the use of the mobile office is initiated. This temporary use permit shall be valid for a specified period of time while reconstruction takes place, not to exceed six months, and may be renewed no more than once.

(3)

A temporary use permit may be issued by the planning and inspections director or their designee for a mobile home for use as a temporary field office for contractors if the mobile home:

a.

And the structure under construction are located on the same property;

b.

Is not moved to the site more than 30 days prior to construction and is not removed later than 30 days after construction has been completed;

c.

Is not used for any other purpose other than that connected with on-site construction;

d.

Is justified by the size and nature of the construction project;

e.

Is for a period not to exceed 18 months for C-1 and C-2 district uses only;

f.

Is utilized only incidental to on-site construction during daylight hours and not for residential living quarters; and

g.

Sanitary facilities are approved by the county sanitarian.

(b)

Manufactured homes and travel trailers. Temporary use of a manufactured home or travel trailer (as defined in subsection 66-4(3)) as a residence shall be permitted in any residential district in cases where the permanent home has been destroyed through no fault of the owner or tenant. A temporary housing permit must be obtained from the planning staff before the use of the manufactured home or travel trailer is initiated. Such temporary housing permit shall be valid for a specified period of time, not to exceed 12 months, while reconstruction takes place, and may be renewed no more than once. The unit must be removed within 30 days after receipt of the certificate of occupancy for the newly constructed unit. All temporary housing must conform to the standards in chapter 26, article II, "Flood damage prevention ordinance" and shall tie into existing water and sewer services for the principal residence on the lot.

(c)

Temporary use permit required.

(1)

All temporary uses shall obtain a temporary use permit from the code enforcement officer. The permit shall outline conditions of operations to protect the public health, safety and welfare subject to the standards in this section. Temporary use permits shall be issued subject to the following:

a.

No lighting or electrical service shall be provided without an electrical permit;

b.

No temporary use structure shall be erected without a building permit (as required by the state building code);

c.

No temporary use structure shall block fire lanes or pedestrian or vehicular access;

d.

The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated;

e.

Written permission from the property owner for the temporary use shall be provided;

f.

The applicant shall provide a written plan describing the following and the zoning administrator shall approve, disapprove or approve with conditions the plan to address subsections (c)(1)f. 1.—4 of this section:

1.

Parking to be provided;

2.

Traffic control measures to be provided;

3.

Provisions for trash disposal and sanitary facilities; and

4.

Provisions for crowd control, if required.

(2)

A temporary use permit shall be revoked if the code enforcement officer finds that the terms of the permit have been violated or that there is a hazard to the public health, safety and welfare.

(3)

Temporary uses are not permitted in any district other than commercial, O&I or PUD districts, and other residential districts as provided in subsection (b) of this section.

(4)

The following temporary uses are allowed for no longer than seven consecutive days. No parcel or tract of land shall be used for a temporary use as permitted herein for a period of more than 30 cumulative days during any calendar year.

a.

Circuses or carnivals;

b.

Temporary religious or revival activities;

c.

Nonprofit special events;

d.

Tent sales;

e.

Grand opening sales;

f.

Outdoor vehicle show; and

g.

Other temporary uses similar in nature to the ones listed above, as determined by the zoning administrator.

(5)

The following events are excluded from the regulations in this section:

a.

Government-sponsored events;

b.

Religious or revival activities taking place on a property that has received a zoning certificate for church operations; and

c.

Recreation and entertainment events taking place on a parcel of land designated for recreation activities.

(d)

Yard sales.

(1)

Yard sales shall be permitted on residential use lots and subject to the provisions of this section.

(2)

Yard sales shall be limited to not longer than two consecutive days. No more than one yard sale, of up to two consecutive days, shall be conducted on any lot regardless of length, shall take place no more than once per calendar month.

(3)

A yard sale shall only operate between dawn and dusk.

(4)

Yard sales shall not interfere with the flow of traffic on any adjacent or surrounding street or right-of-way. Parking permits may be required if parking on the street is necessary.

(5)

Only the homeowner or current leasee of a home, may conduct a yard sale.

(6)

Yard sale signs shall be permitted per chapter 66.

(7)

A temporary use permit is not required for yard sales conducted on residential lots.

(e)

Food trucks.

(1)

Permitting.

a.

All food truck operators shall obtain an annual permit from the town manager or their designee, unless otherwise exempted in this chapter. Permits shall expire on December 31 of the calendar year in which they were issued. This permit shall be posted in a visible location on the food truck.

b.

Food trucks operating in conjunction with the temporary uses permitted in subsection 66-228(c)(5) are not required to obtain an annual permit to cover the operations at those events, but they shall comply with the regulations listed in subsection 66-228(e)(2).

c.

Food truck operators shall have the signed approval of the property owner or acting agent for each location at which the food truck operates. This approval must be made available with the permit application. Any additional sites must be submitted to the town for review and approval prior to being implemented.

d.

Food truck vendors shall provide the proposed location, hours of operation, name of the business, lighting and signage details, and method of trash disposal on the application submitted to the town. Additional information may be required to be provided by the applicant.

e.

Food truck vendors shall provide documentation of approval from the health department of the county in which the food truck's associated commissary restaurant is located.

f.

Each food truck operator will be subject to an annual permit fee that will be assessed to cover the costs associated with regulation of food truck businesses. The permit fee amount will be reviewed and adjusted as necessary on an annual basis in the town's rates and fees schedule. A permit will not be issued until this fee has been paid.

g.

Suspension and revocation of permit.

1.

The permit issued for the food truck business may be revoked if the vendor violates any of the provisions contained in this article.

2.

The town manager or their designee may revoke a permit if he or she determines that the food truck vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.

(2)

General. Food trucks may be allowed to operate per section 66-162 with the following restrictions:

a.

Food trucks shall be positioned at least ten feet away from fire hydrants, any fire department connection, driveway entrances, and alleys.

b.

Food trucks shall not block drive aisles, other access to loading/service areas, pedestrian walkways, emergency access, or fire lanes.

c.

The food truck shall be positioned on designated parking spaces or an area that does not cause parking, traffic congestion, or litter problems either on or off the property where the use is located.

d.

Food trucks shall not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the hours of operation of the principal use do not coincide with those of the food truck.

e.

Food trucks shall not be located in the public right-of-way or sight distance triangle.

f.

Food truck operators are responsible for the proper disposal of waste and trash associated with the operation. Operators shall remove all waste and trash prior to leaving each location or as needed to maintain the health and safety of the public. Trash shall be disposed of at an off-site waste processing or dumping facility or in a private dumpster on the property only when given permission by the property owner or acting agent. A trash receptacle shall be provided by the food truck operator for customers.

g.

All associated equipment, including trash receptacles, must be within three feet of the food truck.

h.

The food truck shall be positioned at least 75 feet from the customer entrance of an existing restaurant during its hours of operation, unless the food truck vendor provides documentation that the restaurant owner supports a closer proximity. This distance may be reduced to 25 feet for food carts less than five feet in length.

i.

A food truck vendor shall not operate the food truck as a drive-thru window.

j.

No more than one food truck shall operate on a parcel per day unless the food truck is operating in conjunction with a temporary use permitted in subsection 66-228(c)(5).

k.

Lighting shall be downcast and only illuminate the parcel.

l.

No signage shall be allowed other than signs permanently attached to the food truck and one temporary sign within three feet of the truck may be permitted. Such temporary sign shall not be located in the public right-of-way or a sight distance triangle and shall be no larger than ten square feet and four feet tall.

m.

No amplified microphones or bullhorns shall be permitted as part of the food truck operation.

n.

Food trucks shall only operate on private property unless the food truck is operating in conjunction with a temporary use permitted in subsection 66-228(c)(5).

o.

Food trucks are not permitted to operate on parcels where the principal use is single-family residential.

p.

Food trucks that have an associated commissary restaurant located within the town shall be parked to the rear of the restaurant when not in operation.

q.

Food trucks shall comply with the most recent version of the North Carolina State Building Code.

r.

Food trucks must have the following fire extinguisher on board during hours of operation: Minimum Class 2A, 10B, and C rated extinguisher. If food preparation involves deep frying, a Class K fire extinguisher must also be on the truck. All National Fire Protection Association (NFPA) standards shall be met to include fire extinguishers and fire suppression hood systems shall be maintained.

(Code 2003, § 30-211; Ord. No. 02-21, § 1(19.81), 6-20-2002; Ord. No. 09-14, § 2, 8-20-2009; Ord. No. O18-030, § 2, 11-15-2018; Ord. No. O19-022, § 1(Exh. A), 5-23-2019; Ord. No. O19-027, § 1(Exh. A), 7-18-2019; Ord. No. O20-017, § 1(Exh. B), 3-19-2020; Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

(a)

Accessory uses.

(1)

General. Accessory uses must comply with the following:

a.

Accessory uses shall be permitted in accordance with section 66-4 and section 66-162.

(b)

Accessory structures.

(1)

General. Accessory structures must comply with the following:

a.

Accessory structures shall be permitted in accordance with section 66-4 and section 66-162.

b.

Number. No more than two accessory structures shall be permitted per lot. On lots larger than one acre, no more than four accessory uses or structures shall be permitted per lot.

c.

Location and setbacks. The following provisions shall apply to the location of accessory structures:

1.

Accessory structures shall only be located to the side or rear of the principal structure. An accessory structure shall not extend any closer toward the front of a lot than the forward most projection of the principal structure, including, but not limited to, porches, steps, entryways, etc.

2.

Accessory structures shall not be placed in any town maintained easement, utility easement, drainage easement, or right-of-way.

3.

Accessory structures shall be set back a minimum ten feet from side and rear lot lines. except on lots that have its primary use as residential, accessory structures may be set back a minimum of five feet from side and rear lot lines.

4.

If an accessory structure on a residential use lot is set back less than ten feet from the lot lines, then a fence of not less than six feet in height shall be installed between the accessory structures and the property lines.

5.

On corner lots, accessory structures shall be located a minimum of 30 feet from the street right-of-way.

6.

On corner lots in R-6, M-F, and C-1, and PUD zoning districts, accessory structures shall be located a minimum of 20 feet from the street right-of-way.

7.

On corner lots in the Innovation District, accessory structures may be located a minimum of 15 feet from the street right-of-way.

8.

The separation between the principle structure and the accessory structure shall comply with the provisions of the most current version of the North Carolina Building Code.

d.

Lot coverage and size. The total square footage of all accessory structures shall not cover more than 30 percent of the side or rear yards to which the structure is placed. The lot coverage of the accessory structure shall not exceed 100 percent of the lot coverage of the principal structure.

e.

Height. Accessory structures shall have a height of no more than 15 feet and shall not exceed the height of the primary structure, whichever is less.

f.

Accessory structures in the R-20, R-15, C-2 and C-3 zoning districts may have a height of no more than 20 feet provided the setback required under subsection 66-229(b)(1)c. is increased one foot for each foot or portion thereof in excess of 15 feet in height.

g.

Accessory structures in the Innovation District are limited to 55 feet in height.

h.

A manufactured or mobile home may not be used for the location of an accessory use or as an accessory structure in any zoning district except as permitted in section 66-228.

(2)

Accessory apartments-attached shall be permitted in accordance with section 66-162, note 28.

(3)

Accessory apartments-detached as defined in section 66-4 and permitted in section 66-162 must comply with the following:

a.

The use of the primary structure is single-family residential.

b.

The entire structure shall not exceed 35 percent of the lot coverage of the existing single-family dwelling or 1,200 square feet, whichever is less.

c.

One additional off-street parking spaces shall be required, except that two additional off-street parking spaces shall be required for detached accessory apartments if the gross floor total is over 800 square feet.

d.

The detached accessory apartment shall be located completely behind the primary structure.

e.

The side and rear setbacks for any detached accessory apartment shall be 15 feet, or the respective minimum side and rear setback of a principal structure in the zoning district in which the property is located, whichever is less. In no case shall the side or rear setback be less than five feet.

1.

If a detached accessory apartments in the R-6, M-F, C-1 or PUD zoning district is set back less than ten feet from the lot lines, then a fence of not less than six feet in height shall be installed between the accessory structures and the property line.

2.

On corner lots, detached accessory structures shall be located a minimum of 30 feet from the street right-of-way. Provided that on corner lots in R-6, M-F, and C-1, and PUD zoning districts, accessory uses or structures shall be located a minimum of 20 feet from the street right-of-way.

3.

The separation between the principle structure and the accessory structures shall comply with the provisions of the then current version of the state building code.

f.

Only one accessory apartment, whether attached or detached, shall be permitted per lot.

g.

The height of detached accessory apartment shall not exceed the height of the primary structure or 35 feet, whichever is less.

(4)

Swimming pools as defined in section 66-4 and permitted in section 66-162 shall be subject to the following:

a.

In-ground swimming pools shall not be included as an accessory structure when determining the number of accessory structures per lot.

b.

Any at grade patio or deck surrounding a swimming pool shall not be included in the lot coverage calculation. Any elevated deck or other structure surrounding a swimming pool shall be included in the lot coverage calculation.

c.

Swimming pools, either above-ground or in-ground, shall be located to the side of the primary structure or behind the primary structure. For a corner lot, a swimming pool shall not extend beyond the front facades of the principal structure.

d.

Swimming pools shall meet all side and rear setbacks of the district in which it is located. Except in residential districts, where a swimming pool must be set back ten feet from the rear property line and ten feet from the side property line or the minimum side yard required in the district in which it is located, whichever is less. The setback shall be measured from the property line to the edge of the pool, which extends closest to the property line.

e.

Swimming pools, either above-ground or in-ground, shall be separated entirely by a fence or barrier designed to meet the criteria as required by the most current version of the North Carolina Building Code.

(5)

Satellite dish antennas. Satellite dish antennas shall be subject to the following provisions:

a.

A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna over two feet in diameter.

b.

A dish antenna must be installed in compliance with the manufacturer's specifications.

c.

In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed eight and one-half feet in diameter. A dish of up to one meter in diameter may be permitted on rooftops, but only if the residential structure has no rear yard.

d.

In C-1, C-2, C-3, ID and O&I districts, dish antennas may either be installed on the ground or on the roof of the building, but not both. If installed on the roof, the dish shall:

1.

Not be larger than eight and one-half feet in diameter;

2.

Not project higher than eight feet above the maximum building height of the zoning district or no more than one-third the actual building height above the roof, whichever is less;

3.

Be set back at least 18 feet from the front and sides of the building; and

4.

Not be used for any advertising purposes.

5.

A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, but only if such location is at the rear or side of the building and all other requirements are met.

e.

If a dish antenna is repainted, the only permissible colors are the original colors used by the manufacturer (i.e., off-white, pastel beige, grey or pastel grey-green). Only one color is permissible at one time. The paint must have a dull, nonglossy finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface.

f.

No dish antenna shall be installed in any public right-of-way, or drainage or utility easement.

g.

Dish antennas located on the roof of dwellings must be located on the rear portion of the dwelling roof. No part of the dish antenna may extend over the ridge into the front portion of the dwelling roof.

h.

The dish antenna cannot have a maximum height of more than one meter above the roof ridge.

i.

A dish antenna shall be installed completely behind the principal structure, in all districts, except as provided in subsections (b)(5)c., (b)(5)d., and (11) of this section.

j.

In C-1, C-2 and C-3 districts only, a dealer selling dish antennas may have a maximum of one such antenna installed in the front or side yard for display purposes, provided all other requirements are met. If a dealer displays a dish antenna in the front or side yard, his permissible sign area shall be reduced by one-half.

k.

The minimum required setback for dish antennas from the side lot line shall be the same as for the principal building, except on corner lots, the minimum required front yard setback on the side abutting the street shall be the same as the required front yard setback along that street.

l.

The minimum required setback for dish antennas from the rear lot line shall be ten feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the dish antenna come closer than four feet to the property line.

m.

In all cases, no dish antenna shall be located within 30 feet of any street right-of-way.

(6)

Outdoor stand-alone dog wash stations.

a.

General requirements. Outdoor stand-alone do it yourself dog wash stations shall be permitted as an accessory use within commercial zoning districts and in all other zoning districts when approved as a part of a recreation facility.

b.

Restraint. A four-foot fence shall enclose the station and a permanent tether be provided.

c.

Parking. Two parking spaces shall be required for each station. Parking associated with the principal use may be shared to meet this requirement.

d.

Location. Stations shall be placed so as not to impede vehicular, pedestrian, or bicycle traffic. Stations shall comply with any applicable ADA standards and shall not interfere with ADA requirements of the principal use. Stations shall comply with setbacks of the underlying zoning district.

e.

Shade. Stations shall be shaded. Shade shall cover the entirety of the fenced or tethered area. Existing canopies, awnings, or vegetation may be used to satisfy this requirement.

f.

Lighting. Lighting shall be dark sky and engineered so as not to shine onto adjacent properties.

(Code 2003, § 30-212; Ord. No. 02-21, § 1(19.82), 6-20-2002; Ord. No. 05-15, § 1, 6-6-2005; Ord. No. 10-06, § 1, 3-18-2010; Ord. No. 13-20, § 2, 8-15-2013; Ord. No. 15-07, § 2, 5-21-2015; Ord. No. 16-09 , § 5, 7-14-2016; Ord. No. O18-035, § 1, 1-17-2019; Ord. No. O19-033, § 2(Exh. B), 8-15-2019; Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

(a)

General.

(1)

Other permits and approvals may be required, including but not limited to a building permit.

(2)

All accessory structures must adhere to the design requirements of the North Carolina State Building Code regardless of whether a building permit is needed.

(3)

All accessory structures must comply with subsection 66-229(b)(1) except as specifically stated in this section.

(b)

Temporary portable storage units. One temporary portable storage unit is permitted for a maximum of 30 calendar days per calendar year for any parcel and shall not be located within any right-of-way.

(1)

A temporary portable storage unit shall not be used for living, sleeping, or for the business purpose other than temporary storage.

(2)

A property owner may request an extension of the 30-day limit in writing to the code enforcement officer. Extensions of up to 60 additional days may be granted by the code enforcement officer for the following reasons:

a.

Construction or remodeling of a principal or accessory structure requiring a building permit, which cannot be completed in the 30-day period.

b.

Damage to a principal or accessory structure requiring extensive rebuilding.

c.

Packing or unpacking for a move or relocation of the inhabitant of the principal residence.

(3)

Additional extensions for unforeseen exceptions may be granted by the town manager or his designee.

(4)

Temporary portable storage units may not occupy any required parking facility when utilized on a commercially zoned property.

(c)

Fences and walls.

(1)

Fences or walls up to eight feet high may enclose side and rear yards. Side yard enclosure may extend from the rear corner of a house to the front corner of the house. Rear yard enclosure may extend from the rear corner of a house to the rear property line. The finished side of all fences and walls shall face the common property line boundary.

(2)

In residential zones, fences and walls not over four feet high may project into or may enclose any front yard.

(3)

No fence may be constructed on or in a public street right-of-way or within a sight triangle.

(4)

No person shall erect, maintain or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock with 110-20-volt A.C. low impedance fencer.

(5)

Fences or walls shall not be constructed in whole or in part of concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury.

a.

Fences or walls being used to protect critical infrastructure (public) may incorporate barbed wire in the design of the fence or wall, specifically as a fence topper to deter unauthorized access.

(d)

At-grade uncovered patios such as concrete pads or pavers totaling up to 144 square feet.

(e)

Pergolas, pavilions, and arbors with any dimension 12 feet and under. Such features shall comply with the following:

(1)

Shall not be located in any easement.

(2)

Shall not be permanently affixed to the ground.

(f)

Portable fire pits shall comply with the following:

(1)

Shall comply with the North Carolina State Fire Code.

(2)

Shall be located on single-family residential lots.

(3)

Shall not require the use of any permanent utility lines.

(4)

Shall not include areas for open burning that are regulated by section 14-158.

(g)

Outdoor fire places shall comply with the following:

(1)

Shall comply with the North Carolina State Fire Code.

(2)

Shall not be connected to any utility line.

(3)

Shall not include areas for open burning that are regulated by section 14-158.

(h)

Uncovered and unenclosed playhouse or playset.

(i)

ADA accessible ramps to single-family homes or manufactured homes.

(1)

The structure may encroach required setbacks for the reasonable accommodation under the Americans with Disabilities Act after review by the planning and inspections director or their designee.

(2)

The structure may be placed in the front yard for the reasonable accommodation under the Americans with Disabilities Act after review by the planning and inspections director or their designee.

(Code 2003, § 30-213; Ord. No. 10-13, § 2, 8-19-2010; Ord. No. 13-20, § 2, 8-15-2013; Ord. No. O19-033, § 2(Exh. B), 8-15-2019; Ord. No. O20-032, § 1(Exh. A), 7-16-2020; Ord. No. O23-033, § 1(Exh. A), 12-14-2023)

Editor's note— Ord. No. O19-033, § 2(Exh. B), adopted August 15, 2019, changed the title of section 66-230 from "Accessory structures not requiring a permit" to "Accessory structures not requiring zoning approval." The historical notation has been preserved for reference purposes.