Uses will be classified according to the principal use of the structure. Incidental uses necessary to support the principal use and occupying no more than ten percent of the gross floor area may be included.

FOOTNOTES (SECTION 600, TABLE A):

A1.

See the definition section for a description of each use category. The Planning Director, or his or her designee, will make a determination on the closest comparable use in cases of uncertainty. Incidental uses necessary to support the principal use and occupying no more than ten percent of the gross floor area may be included.

A2.

See Section 508 for additional regulations for accessory dwellings.

A3.

Only Class A (doublewide) Manufactured Homes are permitted within the City of Lenoir, except in limited instances when Class B or Class B (single wide) homes may be allowed within existing Manufactured Home Parks and/or as replacements for existing single wide manufactured homes. See Section 620 for additional regulations for the placement of manufactured houses within the City and the ETJ.

A4.

Special Use Permits may be approved by the Lenoir City Council, after review by the Lenoir Planning Board, for the re-establishment or expansion of an existing manufactured home park, in accordance with the provisions of Section 902. New manufactured home parks are prohibited.

A5.

The following standards apply to Low-rise multi-family uses:

a.

Maximum Allowable Density:

b.

Development Standards:

i.

Each unit shall be differentiated by a front porch or stoop. Pitched roof forms creating covered entrances are encouraged.

ii.

A minimum of 60% of the length of any façade facing a public street shall be windows, doors, architectural features or porches.

iii.

A minimum of 20% of the development site must remain as landscaped or undisturbed/natural open space. This area can include any required bufferyards or stormwater control measures.

iv.

Maximum height of 2 stories, measured from street-level (walk-out basement levels are permissible provided the overall appearance from the street is that of a 2 story building).

v.

One parking space is required for each studio and one bedroom apartment unit. Two parking spaces are required for all units with 2 or more bedrooms. Any development of more than 4 units shall provide one additional space or 10% over the required parking, whichever is greater, to accommodate guest parking, unless on-street/public parking is available within 200 ft.

FOOTNOTES, SECTION 600, TABLE B:

B1.

See the definition section for a description of each use category. The Planning Director, or his or her designee, will make a determination on the closest comparable use in cases of uncertainty. Incidental uses necessary to support the principal use and occupying no more than ten percent of the gross floor area may be included.

B2.

All adult establishments, adult uses, and sexually oriented businesses must be located at least 1,000 linear feet from the property line of said location to the property line of any school, church, public recreational facility, or any residential zoning district.

B3.

See Section 611 - separation requirements apply.

B4.

See specific performance standards for special use permit applications for communication towers in Appendix A, Section 910.

B5.

Private (not commercial) greenhouses that are less than 1,000 sq. ft. are permitted as an accessory use to any detached single family residential dwelling unit, subject to the setback standards for accessory structures.

B6.

Light manufacturing and processing uses are permitted uses in the B-2 and B-7 zoning districts only when they are conducted entirely within an enclosed building and meet the following standards:

a.

Outdoor storage of materials is discouraged, and will only be permitted when it is screened from view from any public street or adjacent property. All outdoor storage must be screened from view by opaque fencing, walls, landscaping, or a combination thereof. Fencing should be of a quality aesthetically acceptable to the surrounding area.

b.

Emissions: Emissions of dust, smoke, and noise shall be at a minimum and in keeping with the regulations as set forth by the North Carolina Department of Natural Resources and Community Development.

c.

Pretreatment of Sewage: Prior to the issuance of a Certificate of Occupancy, a confirmation in writing from the Superintendent of the Lenoir Water and Sewer Treatment Facilities shall be submitted to the Planning Department indicating that all effluent would be acceptable to the Lenoir Sewer System without pre-treatment.

d.

Hazardous Waste: Storage of hazardous waste in excess of the requirements of the North Carolina State Building Code shall not be permitted. Confirmation in writing from the City Building Inspector as to the hazardous waste requirements shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy.

B7.

All night clubs and private clubs must be located at least 1,000 linear feet from the property line of said location to the property line of any school, church, public recreational facility, or any residential zoning district, except in the B-3 zoning district.

B8.

Golf courses, including driving ranges, may be approved as a part of a Planned Residential Development or Major Subdivision in residential zoning districts. Other outdoor recreational uses are prohibited.

B9.

See Chapter 3 for restrictions on livestock and other animals in the City Limits.

B10.

See Chapter 5, Article 3 for specific business regulations related to the operation of billiards and pool halls in the City Limits.

B11.

Any portion of a junk or salvage yard located within 100 feet of a public street must be buffered from view per the buffering specifications of Section 712.8 of this ordinance. Existing natural vegetation and/or opaque fencing and walls may be used as a credit for buffering in cases where it meets the screening intent of section 712.8. Junk yards in existence at the time of adoption of this ordinance shall have 6 months to comply with the buffering standards contained herein.

B12.

All commercial kennels shall comply with the Care of Animal (Sec. 3-43) and Kennels and Housing (Sec. 3-44) standards of Chapter 3, Article 3, Regulations For High-Volume Dog and Cat Breeders.

B13.

Fuel Pump islands must be located a minimum of 25 ft. from any public right-of-way. Canopies must be set back a minimum of 10 ft. from the right-of-way, unless the zoning district requires a greater setback - then the most restrictive standard shall apply.

B14.

Warehousing uses in the B-2 and B-7 districts must include a showroom that's open to the public or for wholesale.

(Ord. of 1-19-2021, § 8)

610 Performance Standards for Crematories - Crematories may be established as an accessory use to a funeral home in the O&I, B-2, B-5, and B-7 zoning districts and as a principal use in the B-2, I-1, and I-2 zoning districts, when the following requirements are met:

1.

A crematory shall have a licensed crematory manager on staff.

2.

All crematory operations shall be conducted in the principal building or within an approved accessory building on the main premises of the Funeral Home or upon a lot directly adjacent to the main premises.

3.

No crematory use may be established on a lot or parcel located within 500 feet of any residential district.

4.

A crematory must comply and remain in compliance with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the North Carolina Crematory Act, as amended or superseded, and any additional rules and regulations issued by the North Carolina Board of Funeral Services.

(Ord. of 1-19-2021, § 8)

611 Performance Standards for Adult Gaming Establishments

1.

Adult Gaming Establishments must be located at least 350 ft. away from any residential zoning district, measured from the edge of the residential district to the closest door of the adult gaming establishment open to the public in a straight line.

2.

Adult Gaming Establishments must be located at least 1,000 ft. away from any school, youth day care, church, park, or playground, measured from the property line of the protected use to the closest door open to the public of the adult gaming establishment in a straight line.

3.

Adult Gaming Establishments must be located at least 1,000 ft. away from any other Adult Gaming Establishment, Adult Use, Liquor (ABC) Store, or Addiction Treatment and Recovery Facility, measured from door to door in a straight line.

4.

Alcohol Sales are prohibited.

5.

Hours of operation are limited to the hours between 11 a.m. and 12:00 midnight.

6.

Adult Gaming Establishments are limited to 1,500 sq. ft. of floor area dedicated to gaming operations and must provide 1 parking space for every 150 sq. ft. of floor area.

7.

A zoning permit issued by the Planning and Community Development department is required prior to the establishment of any Adult Gaming Establishment within the City.

(Ord. of 10-15-2019, § 1)

612 Performance Standards for Light Industrial Uses in Business Districts

1.

Outside Storage: Outside storage shall not be located between the principal façade and any public street. All outdoor storage must be screened from view by opaque fencing. Fencing should be of a quality aesthetically acceptable to the surrounding area.

2.

Emissions: Emissions of dust, smoke, and noise shall be at a minimum and in keeping with the regulations as set forth by the North Carolina Department of Natural Resources and Community Development.

3.

Pretreatment of Sewage: Prior to the issuance of a Certificate of Occupancy, a confirmation in writing from the Superintendent of the Lenoir Water and Sewer Treatment Facilities shall be submitted to the Planning Department indicating that all effluent would be acceptable to the Lenoir Sewer System without pre-treatment.

613-619 Reserved.

620 Performance, Design, and Locational Standards for Manufactured Housing

[Editor's Note: This was previously Section 806, which has been deleted. The regulations contained herein are not materially changed, but are slightly updated for additional clarity.]

In order to accommodate the placement manufactured housing on individual lots and in existing manufactured home parks, while ensuring that such manufactured housing is in keeping with the general residential character of the districts where they are allowed, the following classifications of manufacturing housing are hereby established. All manufactured housing within the City and the ETJ must conform to the following performance and design standards.

620.1

Manufactured Home Classifications

620.11 Class A (Doublewide or Multi-Segment): A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, which is of multi-sectional or double-wide design and that satisfies the following additional criteria:

a)

The home is occupied only as a single-family dwelling;

b)

The home shall have a minimum width of twenty (20) feet and length not exceeding four (4) times its width, with length measured along the longest axis and width measured perpendicular to the longest axis at the narrowest part;

c)

The home shall have the towing apparatus, wheels, axles, and transporting lights removed and not included in length and width measurements;

d)

The home must be oriented so that the façade with the functional front door is facing the lot's primary street frontage;

e)

The home shall be set up in accordance with the standards established by the North Carolina Department of Insurance;

f)

The home shall be permanently placed on a masonry foundation, unpierced except for required ventilation and access, and constructed in compliance with the North Carolina Building Code. The foundation shall be protected with a polyvapor barrier. Installation shall include positive water drainage away from the home. The finished exterior of the foundation shall be brick, stone, stucco, or split-faced concrete masonry units (cmu). Smooth-faced concrete block shall not be permitted;

g)

The pitch of the roof of the home shall have a minimum vertical rise of approximately three (3) feet for each twelve (12) feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction. Standing seam metal roofs, as are commonly used in residential construction, are also allowed. Such roof shall be installed by the manufacturer of the home at the time of construction. All roof structures shall provide an eave projection of no less than six (6) inches, which may include a gutter;

h)

The home shall have a covered porch that is permanently mounted to the ground at the front door and constructed in compliance with the North Carolina Building Code. The minimum area for such a porch shall be thirty six (36) square feet, and must be a front-gabled roof design oriented towards the primary public street;

i)

Permanent stairs shall be constructed at all exterior doors of the home. Stairs shall be permanently mounted to the ground and constructed in compliance with the North Carolina Building Code;

j)

The home shall have an exterior facade of vinyl or wood siding, stone, brick, or other non-metallic material;

k)

The home shall be in full compliance with the City of Lenoir's Minimum Housing Code.

Figure - Class A - Manufactured Home

620.12 Class B (single-wide): A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, which is of a single section design, and that satisfies the following additional criteria:

a)

The home is occupied only as a single-family dwelling;

b)

The home shall have a length not exceeding five (5) times its width measured perpendicular to the longest axis at the narrowest part;

c)

The home shall have the towing apparatus, wheels, axles, and transporting lights removed and not included in length and width measurements;

d)

The home shall be set up in accordance with the standards established by the North Carolina Department of Insurance;

e)

The pitch of the roof of the home shall have a minimum vertical rise of approximately three (3) feet for each twelve (12) feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction. Such roof shall be installed by the manufacturer of the home at the time of construction;

f)

The home shall have either a deck, porch or concrete patio that is permanently mounted to the ground and constructed in compliance with the North Carolina Building Code. The minimum area for such deck, porch or patio shall be seventy five (75) square feet;

g)

Permanent stairs shall be constructed at all exterior doors of the home. Stairs shall be permanently mounted to the ground and constructed in compliance with the North Carolina Building Code;

h)

The home shall have an exterior facade of vinyl or wood siding, stone, brick, or other non-metallic material;

i)

The home shall be in full compliance with the City of Lenoir's Minimum Housing Code.

620.13 Class C: A manufactured home which does not meet the Class A or Class B criteria listed above, or any mobile home constructed prior to 1976. Class C homes are not permitted within the jurisdiction of this ordinance.

620.2

Permitted Locations of Manufactured Home Classes

a)

Class A Manufactured Homes (Doublewides) are permitted on individual lots in the R-9, R-6, and R-R zoning districts, and in existing Manufactured Home Parks.

b)

Class B Manufactured Homes (Singlewides constructed after 1976) shall be permitted only in existing Manufactured Home Parks, or as replacements for existing Class B or Class C Manufactured Homes in the R-6 and R-R zoning districts.

c)

Class B and Class C Manufactured Homes that are located within the jurisdiction of this ordinance at the time of its adoption may remain in their current location, may be moved to another location within the R-6 or R-R zoning districts, and may be moved to an existing Manufactured Home Park within the jurisdiction of this ordinance.

(Ord. of 10-19-2004; Ord. of 3-24-2009; Ord. of 9-22-2009; Amd. of 3-19-2013; Ord. of 4-21-2015, § 3; Ord. of 6-16-2015(2); Ord. of 7-21-2015, § 2; Ord. of 5-16-2017, § 2; Ord. of 10-17-2017, § 1; Ord. of 11-14-2017, § 2; Ord. of 3-19-2019, § 3; Ord. of 1-19-2021, § 8)

Editor's note— "Amusement services" are included in the definition of "general gaming establishment" and this deletion does not change the areas where these uses are permitted within the City.