Liberty City Zoning Code

APPLICATION OF

REGULATIONS

§ 154.015 ZONING AFFECTS EVERY BUILDING AND USE.

After adoption and enforcement of this chapter, no building or land shall be used and no building part shall be erected, moved or altered except in conformity with the regulations specified for the district in which it is located, except as provided in this chapter.

(1981 Code, § 201) (Ord. passed 6-28-2004)

§ 154.016 REDUCTION OF LOT AND YARD AREAS PROHIBITED.

No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth, except as necessary for public street widening. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(1981 Code, § 202) (Ord. passed 6-28-2004)

§ 154.017 RELATIONSHIP OF BUILDING TO LOT.

Not more than 1 principal building shall be constructed on any R40, R12 or R6 lot.

(1981 Code, § 203) (Ord. passed 6-28-2004)

§ 154.018 HEIGHT REGULATIONS GENERALLY.

(A) Measurement of building height (general). Except as otherwise provided in this chapter, the height of a building shall be the vertical distance from the mean elevation of the finished grade along the front of the building, or from the established grade where the building is within 10 feet of the street line, to the highest point of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

(B) Measurement of building height on through lots.

(1) On through lots 150 feet or less in depth, the height of a building may be measured from the average elevation of the finished grade along the front of the building, considering the end facing either street as the front.

(2) On through lots more than 150 feet in depth, the regulations and basis of height measurements for the street front permitting the greater height shall apply to a depth of not more than 150 feet from that street.

(C) Excluded portions of structures. Except as specifically provided herein, the height limitations of this chapter shall not apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain a building, provided that the structures shall not cover more than 20% of roof area or extend over 10 feet in height; nor to church spires, steeples, belfries, cupolas, domes, monuments, water towers, skylights, flag poles, vents, construction or mining cranes or draglines or similar structures, which may be erected above the height limit, nor to fire or parapet walls, provided, however, that walls shall not extend more than 5 feet above the roof.

(D) Television and radio receiving and transmitting antenna. Television and radio receiving and transmitting antenna may be permitted to exceed the height limits established in § 154.066, subject to the issuance of a special use permit.

(E) Aviation hazards. No building or other structure, regardless of exclusions set forth at divisions (C) and (D) above, shall be located in a manner or built to a height which constitutes a hazard to aviation or creates hazards to persons or property by reason of unusual exposure to aviation hazards.

(1981 Code, § 204) (Ord. passed 6-28-2004)

§ 154.019 VISIBILITY AT INTERSECTIONS.

(A) On a corner lot nothing shall be erected, placed, planted or allowed to grow that would materially block vision between a height of 3 feet and 10 feet above the center grade of the 2 intersecting roads that form the sight triangle.

(B) The sight triangle shall have sides of 10 feet and 70 feet. The smaller side shall be measured from the intersection of the 2 right-of-way lines back 10 feet along the right-of-way of the road with the yield or stop sign.

(C) The larger side shall be measured from the intersection of the 2 right-of-way lines outward 70 feet along the road that does not have a yield or stop sign.

(1981 Code, § 205) (Ord. passed 6-28-2004)

§ 154.020 AVERAGING AN EXISTING RESIDENTIAL FRONT SETBACK LINE.

(A) In a residential district, where the average of the front setback for all adjacent lots, which are located within 200 feet of either side of a lot is greater than the required front setback specified in this chapter, a required setback line shall be provided on the lot equal to this greater average depth but not to exceed 60 feet.

(B) Where the average of the front setback is less than the minimum required front setback, the required setback line may be reduced to this lesser average depth, but in no case to less than 15 feet.

(C) For the purpose of computing the average, an adjacent vacant lot shall be considered as having the minimum required front setback specified for the zoning district.

(1981 Code, § 206) (Ord. passed 6-28-2004)

§ 154.021 LOT REQUIREMENTS CANNOT BE TRANSFERRED TO ANOTHER USE.

(A) The minimum yards, open spaces or off-street parking and loading requirements can not be encroached upon.

(B) For each new building or altered existing one, the requirements can not be met by using existing areas established for another use.

(C) A common facility such as a parking lot can be shared by 2 buildings if it is large enough to accommodate the requirements of both uses.

(1981 Code, § 207) (Ord. passed 6-28-2004)

§ 154.022 EVERY LOT SHALL ABUT A STREET.

No building, structure or use of land, other than for genuine agricultural purposes, shall be established on a lot which does not abut a dedicated public street.

(1981 Code, § 208) (Ord. passed 6-28-2004)

§ 154.023 LOCATIONS OF BUILDING LINES ON IRREGULARLY SHAPED LOTS.

(A) Locations of front, side and rear building lines on irregularly shaped lots shall be determined by the Zoning Enforcement Officer.

(B) The determination shall be based on the spirit and intent of the district regulations to achieve spacing and location of buildings or groups of buildings on individual lots.

(1981 Code, § 209) (Ord. passed 6-28-2004)

§ 154.024 MIXED USES.

(A) When two or more uses occupy the same building, the use that has the largest yard requirements shall apply to the building.

(B) The off-street parking and loading requirements shall be met for each use in any building containing more than one permitted use or activity, except uses classified as commercial with multi uses or structures.

(1981 Code, § 210) (Ord. passed 6-28-2004)

§ 154.025 FRACTIONAL REQUIREMENTS UNDER THIS CHAPTER.

When any requirement of this chapter results in a fraction of a unit, a fraction of 1/2 or more shall be considered a whole unit and a fraction of less than 1/2 shall be disregarded.

(1981 Code, § 211) (Ord. passed 6-28-2004)

§ 154.026 NONCONFORMANCES MAY CONTINUE.

Any lot or structure being used lawfully before this chapter was enacted may continue to be used in the same manner after the date of adoption of this chapter even though the use or situation is not now permitted under the terms of this chapter, except specific uses or situations where amortization or compliance is required. More specific regulations concerning nonconformances are given in §§ 154.250 through 154.254 below.

(1981 Code, § 212) (Ord. passed 6-28-2004)

§ 154.027 LOCATION OF BUILDING LINE WHERE THE STREET LINE IS UNKNOWN.

Where there is uncertainty as to the location of a street line, the Board of Adjustment shall determine the line for the purposes of this chapter, provided that any street width determined shall be uniform for the entire length of the portion of the street about which uncertainty exists.

(1981 Code, § 213) (Ord. passed 6-28-2004)

§ 154.028 PARCELS NOT HAVING SANITARY SEWER OR WATER SERVICE.

When any parcel of land is to be developed and will not be converted to the Town of Liberty's sanitary sewerage or water system in the near future, it shall comply with the regulations governing the design, installation and use of sewerage disposal systems in Randolph County.

(1981 Code, § 214) (Ord. passed 6-28-2004)

§ 154.029 HISTORIC OVERLAY DISTRICT (HD) DESIGNATED; PURPOSE DEFINED.

(A) The Historic District establishes regulations which will help maintain the historic integrity of certain areas within the town.

(B) The use districts established in § 154.060 below may also be zoned as an Historic Overlay District as designated herein and as shown on the official zoning map.

(C) In that case the land is subject to not only the requirements of the underlying use district but also the additional requirements of the Historic Overlay District.

(1981 Code, § 215) (Ord. passed 6-28-2004)

§ 154.030 LOCATION OF BUILDING LINE ON MAJOR AND MINOR THOROUGHFARES.

(A) Building setback requirements for structures located along any major or minor thoroughfare shall be measured from the ultimate rights-of-way as shown in the adopted Thoroughfare Plan.

(B) The area of a lot outside of existing rights-of-way yet located within the ultimate rights-of-way may be used in calculations that require area determinations.

(1981 Code, § 216) (Ord. passed 6-28-2004)

§ 154.031 PROHIBITION OF USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS TO USES NOT PERMITTED IN RESIDENTIAL DISTRICTS.

No private land which is residentially zoned shall be used for vehicular or pedestrian access to land or structures in other districts used for any purpose not permitted in residential districts, except as provided below or otherwise authorized by this chapter or other lawful regulations:

(A) Where provision does not exist for safe access for emergency and public service vehicles and access is not reasonably feasible except through privately owned residentially zoned land, access reserved for and limited to the vehicles may be authorized by the Board of Adjustment, subject to conditions and safeguards designed to protect the tranquillity and character of the residential land so traversed; and

(B) Where convenience and safety would be promoted, walkways and bicycle paths to non-residentially zoned land may be authorized by the Board of Adjustment across privately owned residentially zoned land, subject to conditions and safeguards to protect the tranquillity and character of the residential land so traversed.

(1981 Code, § 217) (Ord. passed 6-28-2004)

§ 154.032 LOTS; DIMENSIONS, ACCESS AND RELATED.

(A) Lots, measurement of width. The width of a lot shall be measured across the required front setback line, provided, however, that the width between side lot lines where they intersect with the street line shall not be less than 80% of the required minimum lot width except in the case of lots on the turning circles of cul-de-sacs or at similar points of street curvature where the radius of the rights-of-way line (or a circle approximately following the rights-of-way line and intersecting the foremost points of the side lot lines) is less than 90 feet, in which case the 80% requirement shall not apply. However, in no case shall the required minimum lot width be less than 50% on the turning circles of cul-de-sacs. The minimum building line on such lots where the radius is less than 90 feet, will be the point where the required lot width is met. The following diagram showing lot measurement and width indicates the relationships involved.

Lot Measurement and Width

(B) Lot, area. The area of a lot shall be constructed as total area within its boundaries. However, no portion indicated to be located within any street rights-of-way shall be included in lot area calculations.

(C) Lots, types. The following diagram showing lot types illustrates terminology used herein with reference to corner, interior and through lots.

Lot Types

(1) In the above diagram, Lot A is a corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot (projected if rounded) meet at an interior angle of less than 135 degrees. (See lots marked A(l) in diagram.)

(2) In the above diagram, Lot B is an interior lot, defined as a lot other than corner lot and abutting one street. Alleys shall not be considered as streets for purposes of this definition.

(3) In the above diagram, Lot C is a through lot, defined as a lot other than a corner lot, and with frontage on more than one street. Through lots abutting two streets may be referred to as double-frontage lots. Alleys shall not be considered as streets for purposes of this definition.

(D) Lot front.

(1) On interior lots, the front of a lot shall be construed as the portion adjacent to the street.

(2) On corner lots, the narrower side fronting on the street shall be considered to be the front of the lot. If the lot has equal frontage on two or more streets, frontage shall be determined by the Zoning Administrator in accordance with the prevailing building pattern, or the prevailing lotting pattern. If a pattern has not been established frontage shall be determined at the option of the owner.

(3) On through lots, all portions adjacent to streets shall be considered as a front for regulatory purposes. If the Zoning Administrator finds that the pattern of lots or the pattern of required yards, on lots adjacent to the through lot, is such as to justify the elimination of the requirement that more than one front be provided, such additional front shall not be required.

(E) Lot yards; methods for measurement; special requirements. The following rules shall apply with regard to determination of required yards on lots.

(1) Yards adjacent to streets shall be front yards. Required yards adjacent to streets shall be measured as follows.

(a) A straight line shall be drawn between the two points at which lot lines for the portion of the lot line involved intersect the street line. Where property corners are rounded, such points shall be plotted by projecting the lot lines to the point where they would have met without rounding.

(b) Depth or width of required yards adjacent to streets shall be as prescribed in district regulations and measured perpendicular to such straight lines.

(2) Front yards on interior lots. Front yards on interior lots shall be construed as extending between side lot lines across the front of the lot.

(3) Front yards on corner lots. Front yards on corner lots shall be construed as extending across all the front of the lot from each interior side lot line to the opposite street line (parallel to the street lot lines and equal to the distance from the street lot line prescribed in the district regulations for front yards.)

(4) Side yards. Side yards shall be construed as running from the rear line of the required front yard to the front line of the required rear yard, if required or, if no rear yard is required, to the opposite lot line. The width of a required side yard shall be measured perpendicular to the side lot line and the inner line of the required yard shall be parallel to the outer line, at the minimum distance therefrom prescribed in district regulations.

(5) Side yards on through lots with more than one front yard. Side yards on through lots with more than 1 front yard shall be construed as running to the rear lines of the front yards involved, and measurements and requirements shall be as for division (E)(4) above.

(6) Side yards on corner lots. On corner lots, the side yard is the yard along any lot line which intersects with a street lot line. When a corner lot has four sides, the two sides not adjacent to the streets are both side yards and the lot has no rear yard. If the corner lot has more than four sides, the yards along lot lines which do not intersect with a street lot line shall be considered rear yards.

(7) Rear yards. Rear yards shall be construed as extending across the full width of the lot at its rear. The width of a required rear yard shall be measured perpendicular to the rear lot line and the inner line of the required yard shall be parallel to the outer line, at the minimum distance therefrom prescribed in district regulations. On through lots providing two front yards, and on corner lots with four sides, there will be no required rear yard, and yards other than those adjacent to streets shall be construed as side yards. If a corner lot has more than four sides, the yards along lot lines which do not intersect with a street lot line shall be considered rear yards.

(8) Yards abutting railroad tracks. No yard shall be required along the side or rear of a non-residential lot where the side or rear respectively of the lot abuts a track which is or will be used to provide railroad service to the lot.

(F) Special yards.

(1) A special yard, for the purposes of these regulations, shall be construed as a yard other than adjacent to a street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term side yard nor the term rear yard, as generally determined defined, or applied with respect to regular lots, fits the circumstances of the case.

(2) In those instances, the special yard shall be considered a rear yard unless the Zoning Administrator determines that side yard requirements of the district shall apply because of the relationship of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation of structures and buildable areas thereon.

(G) Diagram; yards. The following diagram indicates nomenclature, and location of yards.

(H) Minimum lot area. Minimum lot area is the minimum square footage required for a lot by this chapter. If a zoning lot includes different zoning districts, the minimum lot area requirements for each district shall be met.

(I) Building spacing. The spacing between principal structures located on the same zoning lot shall be determined by the North Carolina State Building Code. However, in no case shall there be less than 20 feet between principal structures.

(1981 Code, § 218) (Ord. passed 6-28-2004; Am. Ord. passed - - )

§ 154.033 PERMITTED PROJECTIONS INTO REQUIRED SETBACKS.

(A) Every part of a required yard shall be open and unobstructed from its lowest level to the sky except for certain architectural features, such as, but not limited to, cornices, bay windows, eaves, stoops and gutters, may project no more than 3 feet into the required front setback, 5 feet into the required rear setback and 2 feet into the required side setback except that no such architectural feature shall be permitted within the required buffer yard.

(B) Mechanical equipment, such a air conditioning units, heat pumps, heating equipment, solar panels, and similar installations, may not project into the required front setback, but may project 5 feet into the required rear setback and 2 feet into the required side setback except that no such mechanical equipment shall be permitted within the required buffer yard.

(Am. Ord. passed 7-6-2015)

§ 154.034 SPECIAL PURPOSE LOTS.

Requirements of this chapter with respect to street frontage, minimum lot and buildable area, and minimum lot dimensions shall not apply to lots for family cemeteries or cemeteries on property owned by a place of worship, public facilities, communication facilities, communication towers and similar utility uses. A special purpose lot shall be permitted only after the Zoning Administrator has determined that the proposed lot has sufficient dimensions to accommodate the intended use and planting yards, if required by the town’s zoning ordinance. If the special purpose lot does not have a minimum of 20 feet direct access to a public or private street, an easement for ingress and egress with a minimum width of 20 feet shall be platted from the street to the lot. The subdivision to create the lot shall be approved in accordance with the town’s subdivision ordinance. The final plat shall label the proposed use of the lot.