Liberty City Zoning Code
SUPPLEMENTAL REGULATIONS
§ 154.080 HISTORIC OVERLAY DISTRICT (HD).
The Use Districts established in § 154.060 above may also be zoned as an Historic Overlay District as designated herein and as shown on the official zoning map. 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.
(A) Purpose. The Historic District establishes regulations, which will help maintain the historic integrity of certain areas within the town.
(B) Designation procedure. Historic districts, as provided for in this section, may be designated, amended or repealed through the following procedure:
(1) In investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any like proposed district, and a description of the boundaries of the district shall be prepared by the Historic Preservation Commission and a recommendation thereon made to the Planning and Zoning Board;
(2) The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his or her designee, shall make an analysis of and recommendations concerning the report and the description of proposed boundaries. Failure of the Department of Cultural Resources to submit its written analysis and recommendation to the town within 30 calendar days after a written request for the analysis has been received shall relieve the town of any responsibility for awaiting the analysis. The town may at any time thereafter take any necessary action to adopt or amend this chapter with regard to historic districts;
(3) The Town Council may also refer the report and proposed boundaries to any local Preservation commission or other interested body for its recommendations prior to taking action;
(4) Changes in the boundaries of a district subsequent to its initial establishment, or the creation of additional districts within the town, shall require the preparation of investigative studies by the Historic Preservation Commission; and they shall be referred to the Department of Cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of this section; and
(C) Dimensional regulations and exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
(1) Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with § 154.020;
(2) All street setback (except as provided in the division (C)(1) above), interior setback, building coverage, and height requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of the architectural and historic guidelines of the historic district and if first recommended by the Historic Preservation Commission;
(3) Where the Historic Preservation Commission, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces and/or design standards for parking lots specified by this chapter would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off-street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off-street parking provided it finds:
(a) That the lesser standard will not create problems due to increased on-street parking; and
(b) That the lesser standard will not create a threat to the public safety.
(D) Certain changes not prohibited: Nothing in this section shall be construed to prevent the following:
(1) The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material or outer appearance thereof;
(2) The construction, reconstruction, alteration, restoration, moving or demolition of any like feature if the building inspector or Zoning Administrator has certified in writing to the Historic Preservation Commission that the action is required to protect the public safety because of unsafe or dangerous conditions; or
(3) The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms and the like.
(E) Certificate of appropriateness required.
(1) A certificate of appropriateness shall be required for all activities specified in this section whether a building permit is required or not.
(2) After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within the district until after an application for a certificate of appropriateness as to exterior features has been submitted and approved by the Historic Preservation Commission.
(3) For the purposes of this section, EXTERIOR FEATURES shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, EXTERIOR FEATURES shall be construed to mean the style, material, size and location of all like signs. EXTERIOR FEATURES may include historic signs, color and significant landscape, archaeological and natural features of the area.
(4) The Historic Preservation Commission may impose standards as may be set forth elsewhere in this section or adopted by the Commission. Any building permit not issued in conformity with this section shall be invalid.
(5) The discontinuance of work or the lack of progress toward achieving compliance with the certificate of appropriateness for a period of 1 year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a certificate is appealed, the 1 year period shall not commence until a final decision is reached regarding the matter.
(6) The Commission may, after adoption of architectural and historic guidelines allow the Zoning Administrator or his or her designee to review and approve minor work to review and approve minor work provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Historic Preservation Commission.
(7) The town and all public utilities, except as provided under division (D) above, shall be required to obtain a certificate of appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(F) Application procedures
(1) Application for a certificate of appropriateness shall be made to the Zoning Administrator on forms provided. The application shall be filed no later than 14 days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction or demolition.
(2) The Zoning Administrator staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for a certificate of appropriateness. The Zoning Administrator shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The Commission shall act upon the application within 60 days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of appropriateness shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
(3) Prior to issuance or denial of a certificate of appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the Commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
(4) The Commission shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines.
(5) An appeal may be taken to the Board of Adjustment from the Historic Preservation Commission's action in granting or denying any certificate. The appeal:
(a) May be taken by any aggrieved party;
(b) Shall be taken within 15 days after the decision of the Commission; and
(c) Shall be in the nature of certiorari.
(6) Any appeal from the Board of Adjustment's decision in any like case shall be heard by the Superior Court of the County.
(G) Review criteria.
(1) In granting a certificate of appropriateness, the Historic Preservation Commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure.
(2) The Commission shall not consider interior arrangement.
(3) The provisions of this section shall not become effective for a historic district until after the Commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every 5 years. At a minimum, the criteria shall contain guidelines addressing the following factors:
(a) Historic significance or quality. The quality or significance in history, architecture, archeology or culture present in districts, sites, structures, buildings or objects that posses integrity of location, design, setting, materials, workmanship and feeling and association:
1. That are associated with events that have made a significant contribution to the broad patterns of local, state or national history; or that are associated with the lives of persons significant in the past;
2. That embody the distinctive characteristics of a type, period or method of construction;
3. That represent the work of a master or that possess high artistic values; or
4. That represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history.
(b) Exterior form and appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
1. Exterior features as described in division (E) above;
2. Height of the building or structure;
3. Setback and placement on lot of the building or structure, including lot coverage and orientation;
4. Exterior construction materials, including textures, patterns and colors;
5. Architectural detailing, such as lintels, cornices brick bond, foundation materials and decorative wooden features;
6. Roof shapes, forms and materials;
7. Proportions, shapes, positionings and locations, patterns and sizes of any elements of fenestration;
8. General form and proportions of buildings and structures;
9. Appurtenant fixtures and other features such as lighting;
10. Structural condition and soundness;
11. Use of local or regional architectural traditions; and
12. Effect of trees and other landscaping elements.
(H) Delay in demolition of landmarks and buildings.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the district may not be denied except as provided in this section. However, the effective date of a certificate may be delayed for a period of up to 365 days from the date of approval.
(a) The maximum period of delay authorized by this division (H) shall be reduced by the Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay.
(b) During that period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.
(c) If the Commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of the period and authorize earlier demolition or removal.
(2) If the Historic Preservation Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, final designation has not been made by the Town Council, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the Town Council takes final action on the designation, whichever occurs first.
(3) The Town Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. The ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(4) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(1981 Code, § 501) (Ord. passed 6-28-2004)
§ 154.081 PARKING OF DOMESTIC, COMMERCIAL AND RECREATIONAL VEHICLES.
(A) Domestic and recreational vehicles. An owner of domestic and recreational vehicles may park or store such vehicles on his or her private residential property, subject to the following limitations:
(1) At no time shall vehicles be occupied or used for living, sleeping or housekeeping purposes. Visitors may occupy a vehicle in their care, custody and control during periods of visitation not to exceed 7 days;
(2) Vehicles may be connected to utility services as required for maintenance purposes; and
(3) Not more than 6 domestic vehicles may be parked or stored on any single-family residential lot for any period exceeding 48 hours. Vehicles stored within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district shall not be counted when determination of the number of vehicles is made.
(B) Commercial vehicles.
(1) The parking of commercial vehicles over 7,500 GVW or 25 feet in length in any residential district is prohibited except as stated below.
(2) Parking of these vehicles is permitted if they are of an emergency service nature or school buses or located within entirely enclosed structures, which meet the regulatory requirements for the applicable zoning district.
(3) This requirement shall not be interpreted to prohibit from loading and unloading in any residential district.
(1981 Code, § 502) (Ord. passed 6-28-2004)
§ 154.082 BUFFERS AND SCREENING.
(A) Purpose and intent.
(1) The Town of Liberty encourages high quality design in developments, structures and the use of land. High quality design includes proper siting of structures and uses and proper landscaping.
(2) The town desires to allow developers maximum flexibility in achieving these high standards of development. However, minimum requirements for buffering or screening between certain uses and/or districts are hereby established to reduce the impact of a use of land on adjacent uses which are of a significantly different character, density or intensity.
(3) Buffers and screens separate different uses from each other in order to reduce adverse impacts such as dirt, litter, traffic, noise, odor, glare of lights, signs, buildings and parking areas. These regulations benefit both the developer and the adjoining landowner(s) because it allows options from which to choose in developing the property, while insuring each neighbor adequate protection regardless of the developer's choice, thereby protecting the property values of all properties involved.
(4) Before the issuance of certificate of occupancy, buffers and/or screening shall be installed or their installation guaranteed as per § 154.270. Buffers or screens shall be required in accord with the following.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUFFER. A strip of land together with plantings required thereon. BUFFERS consist of a horizontal distance from a lot line which may only be occupied by the required landscaping materials, underground utilities, retention areas, screening materials and driveway/sidewalk access.
SCREEN. A strip of land together with plantings and or walls or fences required thereon. Screens consist of a minimum of horizontal distance from a lot line which may only be occupied by the required screening materials, additional landscaping materials, underground utilities and driveway/sidewalk access.
(C) Buffer or screen required.
(1) To provide maximum flexibility in achieving a high standard of development both buffer and screen requirements are established.
(2) The developer may choose which protection method is appropriate for the proposed development or he or she may mix methods within the development.
(3) The matrix below indicates when established uses will be required to install a buffer or a screen. In addition the matrix establishes what category of buffer or screen will be required.
(4) The required buffering or screening between the proposed land use(s) and the existing adjacent land use(s) on adjoining zoning lots is set forth in the matrix below.
(5) Buffers or screens are not required to separate uses located across public streets, however front yard landscaping as required by § 154.086 below shall be installed adjacent to street rights-of-way.
(6) If the land next to the proposed development is vacant, the category required shall be determined by the existing zoning on the adjacent vacant parcel.
(7) If the adjacent parcel is vacant, but is zoned for a more intensive zoning district, no buffer or screen shall be required of the less intensive use.
(8) If the adjacent parcel(s) is located within the same zoning district, and the use is classified as a nonconforming use in that district, no buffer or screen shall be required of the proposed use.
(9) If the adjacent parcel is developed in a more intensive manner, no buffer or screen is required of the lesser intensive use. The relative degree of intensity shall be determined as follows:
(a) As used in this section, the grouping of uses and zoning uses shall be as follows.
1. Single-family/2-family (as used in this section) shall be the least intensive. If the zoning on any vacant parcel is R40, R12 or R6, the single/2-family category shall be used for determination of the required buffering.
2. Multiple-family, less than 12 units per acre, shall be the next least intensive.
3. Multiple-family, more than or equal to 12 units per acre, shall be the next least intensive. If the zoning on any vacant parcel is R6 the Multi-family more than 12 units per acre category shall be used for determination of the required buffering.
4. Group 1 shall be the next least intensive. If the zoning on any vacant parcel is RA/IF, the Group 1 shall be used for determination of the required buffering.
5. Group 2 shall be the next least intensive. If the zoning on any vacant parcel is B1 or B2 the Group 2 shall be used for determination of the required buffering.
(b) Group 3 shall be the most intensive. If the zoning on any vacant parcel is IP or I the Group 3 shall be used for determination of the required buffering.
(c) As used in this section, the grouping of the zoning districts shall be as follows:
1. If the zoning on the vacant parcel is R40, or R12, the single-family category shall be used for determination of the required buffering.
2. If the zoning on the vacant parcel is R6 the 2-family and multiple-family less than 12 units per acre category shall be used for determination of the required buffering.
3. If the zoning on the vacant parcel is RMF the 2-family and multiple-family more than 12 units per acre category shall be used for determination of the required buffering.
4. If the zoning on the vacant parcel is B1 or B2 the group 2 shall be used for determination of the required buffering.
5. If the zoning on the vacant parcel is I or IP the group 3 shall be used for determination of the required buffering.
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 | |
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 | |
< 12 u/a | > 12 u/a | |||||
Proposes; use | ||||||
Single/2-family | - | |||||
Multi-family < 12 u/a | A | - | ||||
Multi-family > 12 u/a | C | A | - | |||
Group 1 | B | B | B | - | ||
Group 2 | C | C | C | A | - | |
Group 3 | D | D | D | C | A | - |
(D) Requirements for buffers and screens. Once the required category of buffer or screen is determined from the matrix the following requirements shall be met.
(1) For the buffer method. The following descriptions list the specifications of each permitted buffer width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development. Buffer requirements are stated as follows:
(a) Minimum width;
(b) Minimum planting per 100 Linear Feet; and
(c) Type and number of plant material.
(2) The number of plant materials required per 100 linear feet is represented by a whole or decimal number. Both the type and number of plants is specified. All mathematical rounding shall be upwards and shall be applied to the total amount of plant material required in the buffer, not to each 100 linear feet.
(3) Buffer A. The requirements shall be met for Buffer A by the following:
(a) Fifteen foot wide strip with two canopy trees, three understory trees, and six shrubs per 100 linear feet; or
(b) Twenty foot or more wide strip with one canopy tree, two understory trees, and four shrubs per 100 linear feet.
(4) Buffer B. The requirements shall be met for Buffer B by the following:
(a) Twenty foot wide strip with two canopy trees, three understory trees, and ten shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, two understory trees and eight shrubs per 100 linear feet.
(5) Buffer C. The requirements shall be met for Buffer C by the following:
(a) Twenty foot wide strip with two canopy trees, four understory trees and 12 shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, three understory trees and ten shrubs per 100 linear feet.
(6) Buffer D.
(a) The requirements shall be met for Buffer D by the following:
(b) Twenty-five foot or more wide strip with two canopy trees, four understory trees and a row of evergreen shrubs placed along the property boundary not more than five feet apart on center which would grow to form a continuous opaque hedge of at least six feet in height within two years of planting.
(7) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, drought, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscaping Association) standards. At least one ornamental flowering plant variety shall be required in each buffer for each ten feet of buffer depth. Trees and shrubs may be evergreen, deciduous or any combination thereof. Existing plant materials meeting these minimum requirements for plant type may be counted toward the total requirements of the specific plant type. The placement of required plants shall be the decision of the developer and all buffer areas shall be planted with grass, other ground cover or maintained with natural mulch or pine straw. See below for table for minimum plant sizes.
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Canopy Tree | 1 inch caliper** | 1-1/2 inch caliper** |
Multi-Stem Clump | 5 feet height | 6 feet height |
Understory Tree | 3 feet height | 4 feet height |
Evergreen Tree | 2 feet height | 3 feet height |
Shrub | ||
Deciduous | 12 inches height | 15 inches height |
Evergreen | 9 inches height | 12 inches height |
Hedge | 5 feet height | 6 feet height |
* Smaller plant sizes are permitted adjacent to vacant land because it is assumed that the plants will have time to mature before the abutting vacant land is developed. For this purpose agricultural land is considered vacant. ** Caliper is a measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above natural grade. | ||
(8) Buffers shall be located on the outer perimeter of a lot or parcel, extending along lot lines or private street or other existing or dedicated public rights-of-way. Where rights-of-way are contiguous with property line any required buffer shall be located on the inside of rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(9) A buffer shall not be used for parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or twenty two feet in width for two way traffic.
(10) For the screen method. The following descriptions list the specifications of each permitted screen width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development.
(11) Screen A. The requirements shall be met for Screen A by providing a ten foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall. The wall shall be a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) Lawn and or low-growing evergreen shrubs, evergreen ground cover or natural mulch covering the balance of the screening yard.
(12) Screen B. The requirements shall be met for Screen B by providing a ten foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 30 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(13) Screen C. Requirements shall be met for Screen C by providing a ten-foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 20 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(14) Screen D. The requirements shall be met for Screen D by providing a 15 foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 20 feet.
(15) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards. Existing plant materials meeting these requirements and locational requirements may be utilized towards screening requirements.
(16) Screens shall be located on the outer perimeter of a lot or parcel, extending along the lot or parcel boundary line and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. Where rights-of-ways are contiguous with property lines any required buffer shall be located on the inside of the rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(17) A screen shall not be used for recreation, parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or 22 feet in width for two way traffic.
(E) Coordination of buffer yard or screen yard and required setback yard. Buffer or screen yards as required may be included within or combined with the required minimum setback yards as established § 154.066. When buffer or screen yards are required to be larger than setback yards, the buffer or screen yard shall serve also as the minimum setback yard. When the setback yard is larger than the required buffer or screen yard, no additional setback is required.
(F) Alternative buffers and screening.
(1) In lieu of compliance with the above buffer or screening requirements, an applicant may submit to the Planning Board for their review and approval an alternative plan with detailed specifications for landscaping, buffering and screening.
(2) The Planning Board may approve the alternative buffering and of screening plan upon finding that the proposal will afford a degree of buffering and or screening equivalent to or exceeding that provided by the above requirements.
(3) An alternative plan proposing an increase in the depth of a buffer yard may be approved and may utilize existing significant plants and trees if no reduction in the total number of required plants and trees results and they afford an equal degree of separation in terms of height and opacity.
(4) Otherwise, additional plantings, berms, walls or fences, or a combination thereof shall be required. A reduction in buffer yards is not permitted since the developer may choose the screen alternative which requires less yard.
(5) A reduction in the required screen yard may be approved, if it can demonstrated to the Planning Board that full compliance with the requirement is unpractical and creates an undue restriction on the use of the property. If an alternative screen plan is approved, it shall include screening measures which will provide an increase in the height and opacity of the screening required.
(G) Existing vegetation. The retention of existing vegetation shall be maximized, to the extent practicable, wherever the vegetation contributes to required buffering and or screening or to the preservation of significant trees.
(H) Maintenance of landscaping.
(1) All landscaping and screening which provides required buffering and screening shall be maintained so as to continue their effectiveness.
(2) Periodic inspections may be made to determine continued effectiveness of the required landscaping and screening.
(I) Determination of unlisted uses.
(1) The Zoning Administration shall make a determination, in the cases of uses not listed in the § 154.067 or which do not have a buffer group listed of the group appropriate for those uses.
(2) In reading the determination, the Zoning Administrator shall be guided by the requirements for similar uses having comparable external effects.
(J) Buffers and screening of existing uses. Uses already existing at the time of the passage of this chapter, or subsequent amendments thereto, shall comply with the following requirements:
(1) Existing uses shall not be considered nonconforming due to noncompliance with the buffering and screening requirements. The uses will not be required to implement buffering and screening unless physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs; and
(2) If physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs, buffering and screening shall be required as following.
(a) If the combined total of all expansions is 50% or less of the existing building footprint or land available for open uses as of January 22,1996 a screen meeting screen Category A shall be required. A screen shall be provided on a 1.5 to 1 ratio of the linear length of the building parallel to lot line which requires buffering and screening. The location of the required screening shall be determined by the Zoning Administrator. The location shall be based on site evaluations to determine the best protection to adjoining properties.
(b) If the combined total of all expansions is greater than 50% of the existing building footprint or land available for open uses as of January 22, 1996 buffers or screening shall be provided according to the requirements for new uses. In those cases, the use of provisions in Section (F) above may be considered.
(1981 Code, § 503) (Ord. passed 6-28-2004; Am. Ord. passed - - )
§ 154.083 SCREENING OF OPEN STORAGE.
All new open storage areas and expansions of existing open storage areas shall be screened from view of any street, and from all residentially zoned land as follows:
(A) Screening shall consist of solid masonry walls or solid wooden fences at least 6 feet in height (constructed of materials and finishes as permitted in § 154.082(D)(2)(a)), or an opaque chain link fence at least 6 feet in height. Access from the street shall only be permitted through solid gates which shall be closed except when in use. Screening shall run at least 100 feet back from the street property line or to the rear property line if the property is less than 100 feet deep.
(B) In lieu of compliance with the above screening methods, an applicant may submit to the Planning Board for their review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative screening, in writing, upon finding that the proposal will afford a degree of screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above methods.
(C) Prior to the issuance of certificate of occupancy, screening of open storage shall be installed or its installation guaranteed as per § 154.270 below.
(1981 Code, § 504) (Ord. passed 6-28-2004)
§ 154.084 SCREENING OF MECHANICAL EQUIPMENT.
(A) All new non-residential uses and expansions of existing structures shall screen from view from public places and neighboring properties all mechanical equipment, such as but not limited to, air conditioners, or pumps, through the use of features such as berms, fences, false facades or dense landscaping.
(B) Prior to the issuance of certificate of occupancy, screening of mechanical equipment shall be installed or its installation guaranteed as per § 154.270.
(C) Notwithstanding front yard and perimeter buffering and screening requirements prescribed for solar farm(s), §§ 154.098 and 154.240, mechanical equipment that depends on unobstructed access of sources of wind and solar power for alternative energy generation (i.e. solar collectors, wind turbines) is exempt from mechanical equipment screening. Mechanical equipment that is ancillary to such devices (such as pumps, storage tanks, batteries, compressors, etc.) shall be screened as required by this section.
(1981 Code, § 505) (Ord. passed 6-28-2004; Am. Ord. passed 7-6-2015)
§ 154.085 CENTRAL SOLID WASTE STORAGE AREA.
(A) All new buildings and uses including mobile home parks, but excluding single-family and 2-family dwellings, shall provide facilities for the central storage of solid waste within the lot.
(B) Where these facilities are provided outside of a building, they shall be screened from the view of public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
(C) The screening shall begin at ground level with no open space between the ground and the bottom of the screening material(s). Prior to the issuance of certificate of occupancy, screening of solid waste storage areas shall be installed or its installation guaranteed as per § 154.270.
(D) Nothing in this chapter shall be construed to prevent the joint use of central solid waste storage (dumpsters) for 2 or more structures.
(E) An agreement for a joint use, in the form of a reciprocal easement acceptable to the office of the Town Manager shall be filed with the Zoning Administrator and recorded with the Register of Deeds for Randolph County.
(1981 Code, § 506) (Ord. passed 6-28-2004)
§ 154.086 PARKING RESTRICTED WITHIN REQUIRED FRONT YARDS.
(A) Except for single-family and duplex structures no parking shall be permitted within the first 10 feet of required front yard of any zoning lot.
(B) The required yard shall be occupied only by underground utilities, retention areas, landscaping materials, signs (where permitted) and driveway access.
(C) There shall be planted and maintained 1 tree, which is not less than 6 feet in height at the time of planting, for each 20 linear feet of street frontage or portion thereof.
(D) At least 1 tree shall be of a flowering type. The balance of the first 10 feet of the required front yard shall be covered with lawn, low-growing evergreen shrubs not over 4 feet in height, evergreen ground cover, or mulch.
(E) All required plantings and any other landscaping shall be so arranged that it does not impair visibility when exiting the lot into a public street.
(F) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species which are resistant to heat, draught, insects and diseases and which require little maintenance.
(H) Existing significant trees, over 6 feet in height, or planted trees, which are not less than 6 feet in height at the time of planting, that are located within the required front yard of any zoning lot shall be permitted to count towards the total number of trees as required above on a 1 to 1 basis.
(J) In multifamily projects of less than 45,000 square feet lot area, parking may not be permitted within any of the required front setback area as indicated in§ 154.066 above. The area shall be considered open space.
(1981 Code, § 507) (Ord. passed 6-28-2004)
§ 154.087 VEHICLE TOWING OPERATIONS.
(A) Vehicle towing operations, where permitted, are allowed to park, store and maintain a towed vehicle while awaiting proper disposition of the vehicle.
(B) Parking, storage and maintaining shall be located within a fenced and screened area. The fenced area shall observe a setback of 25 feet from any residential zoned property.
(C) Screening shall be in accordance with the requirements in § 154.083 above. At no time shall more than 20 vehicles be permitted within the area and the areas shall not be used for dismantling of vehicles or the sale of parts therefrom.
(1981 Code, § 508) (Ord. passed 6-28-2004)
§ 154.088 CONSTRUCTION TRAILERS AND TEMPORARY OFFICES.
(A) (1) A licensed contractor, engaged upon a construction project for which a building permit has been issued, may temporarily use a construction trailer for office facilities in the location where the work is being done; provided the construction trailer shall not be placed upon the streets but upon the property on which the building permit authorizes the construction.
(2) The construction trailer shall be removed within 30 days after completion of the work for which the permit has been issued.
(B) (1) A zoning compliance permit may be issued by the Zoning Administrator for a 1-year period for the use of a modular office (of a type approved by the Building Inspection Department), as a temporary office while business properties are being remodeled, provided that it is placed upon the property for which there is a building permit issued for the remodeling.
(2) The permit shall be for a period of 1 year or until the remodeling is completed, whichever is the shorter period. The permit may not be renewed after the expiration of the 1-year period.
(1981 Code, § 509) (Ord. passed 6-28-2004)
§ 154.089 MODEL DWELLING UNITS.
(A) In any residential district, the developers, builders or their agents may operate 3 model dwelling units as a sales office for the specific project under construction, subject to the following restrictions:
(1) The model dwelling unit shall meet all district requirements for lot and yard dimensions;
(2) Signs shall not be illuminated;
(3) The model dwelling unit shall not be used for any business activity, other than showing, later than 9:00 p.m.;
(4) At least 2 off-street parking spaces shall be provided on the same lot as the model dwelling unit or on a contiguous lot within the specific project; and
(5) The model dwelling unit shall be discontinued when the specific residential project is sold out and shall comply with regulations generally applicable within the district.
(B) Model dwelling units may be erected or displayed in districts which exclude residential uses, provided that the models shall not be used for residential purposes, but only for display as a means to sell homes in districts in which they are permitted and provided that all other requirements of the district in which the model dwelling unit is erected shall be met.
(1981 Code, § 510) (Ord. passed 6-28-2004)
§ 154.090 REPAIR OF PRIVATELY OWNED MOTOR VEHICLES IN RESIDENTIAL DISTRICTS.
The repair of a privately owned automobile or a motor vehicle by its owner at his or her residence in any residential zoning district is subject to the following restrictions:
(A) Only minor repairs and maintenance may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil, the replacement of sparkplugs, ignition points, the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines; and
(B) Any other repairs on a motor vehicle or automobile shall be restricted to totally enclosed spaces and only accomplished on privately registered vehicles having current State of North Carolina license plates, or motor vehicles designated by the State of North Carolina as qualifying for an antique, or horseless carriage designation.
(1981 Code, § 511) (Ord. passed 6-28-2004)
§ 154.091 GARAGE SALES, YARD SALES AND THE LIKE.
Garage, yard, tag, patio and apartment sales are specifically permitted as an accessory use in all residential districts. These sales shall be limited to 2 during each 12-month period.
(1981 Code, § 512) (Ord. passed 6-28-2004)
§ 154.092 ANIMALS.
(A) Household animals shall be limited to:
(1) Not more than 5 dogs or 5 cats, more than 6 months of age, or a combination thereof not to exceed 5; or
(2) Not more than 10 household animals other than dogs or cats.
(B) No animals shall be raised or kept in the residential district for commercial sale, except when associated with an agricultural use or a stable where permitted by this chapter.
(C) All other animals shall be regulated as per the Liberty town code of ordinances, whether inside the town limits or not.
(1981 Code, § 513) (Ord. passed 6-28-2004)
§ 154.093 STACKING OR WAITING LANES FOR DRIVE-IN WINDOWS.
There shall be provided for every drive in window or station a queing lane with a minimum capacity of 5 automobiles. All lanes shall be located outside of public rights-of-way.
(1981 Code, § 514) (Ord. passed 6-28-2004)
§ 154.094 INDUSTRIAL DISTRICTS; PERFORMANCE STANDARDS.
(A) General. Within the Industrial Districts, any structure or land may be used and any structure may be hereafter erected, relocated, reconstructed or structurally altered for any purpose which is not otherwise prohibited by law, provided that no use which is noxious, toxic or offensive by reason of odor, dust, vibration, smoke, gases or fumes shall be permitted and in addition, the following uses shall not be permitted:
(1) Abattoirs;
(2) Chicken/turkey processing plants;
(3) Crematoriums;
(4) Distillation of bones;
(5) Dwellings, 2-family or multi-family;
(6) Fat rendering;
(7) Garbage, offal or dead animal reduction or dumping;
(8) Manufacturing processing and/or refining of the following products:
(a) Acetylene gas;
(b) Ammonia;
(c) Bleaching powder;
(d) Cement, lime, gypsum or plaster of paris;
(e) Chlorine;
(f) Dextrine, glucose or starch;
(g) Disinfectant;
(h) Explosives;
(i) Fertilizer;
(j) Fireworks;
(k) Fish curing, smoking or packing and fish oil manufacture;
(l) Gelatin, glue or size manufacture, where the process involves the refining or recovery of products from fish, animal, refuse or offal;
(m) Gunpowder;
(n) Hair;
(o) Hides (raw);
(p) Matches;
(q) Petroleum or kerosene refining or distillation or derivation of byproducts;
(r) Pulp and/or paper;
(s) Smelting of tin, copper, zinc or iron ore; and/or
(t) Sulphurous, sulphuric, nitric, picric or hydrochloric or other corrosive or offensive acids, except as accessory to permitted industrial use.
(9) Stock yards; and
(10) Storage and/or processing of materials listed as hazardous waste.
(B) I and IP Districts. All uses permitted within I and IP, districts shall meet the following performance standards:
(1) Light:
(a) Glare. The direct light of outdoor lighting fixtures which are a reflective, directional or non-diffused type (glare) shall not be visible from outside the zoning lot; and
(b) Footcandles. Diffused or nondirectional light and the combination of all light shall not exceed 2.0 footcandles at the zoning lot line if the adjoining property is residentially zoned.
(2) Noise:
(a) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e, whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specification of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section.
(b) Accordingly, all measurements are expressed in dbA to reflect the use of this A-weighted filter.
1. Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which a valid permit issued by proper authority is in effect. Issuance of a certificate of zoning compliance is evidence that the construction project is complete.
2. All railroad rights-of-way shall not be subject to the requirements of this chapter.
3. Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than 1 minute in any 1-hour period are permissible up to a level of 10 dbA in excess of the figure listed except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. Impact noises generated by sources that operate at a frequency greater than 1 minute in any 1-hour period are regulated as a continuous noise and are subject to the sound levels given in division (B)(2)(b)4. below. All impact noise shall be measured using the fast response of the sound level meter.
4. Sound levels shall not exceed the following standards:
a. If the receiving use is in a residential district: between 7:00 a.m. and 7:00 p.m.: 70 dbA; between 7:00 p.m. and 10:00 p.m.: 65 dbA; between 10:00 p.m. and 7:00 a.m.: 60 dbA;
b. If the receiving use is in a commercial district: between 7:00 a.m. and 7:00 p.m.: 75 dbA; between 7:00 p.m. and 10:00 p.m.: 70 dbA: between 10:00 p.m. and 7:00 a.m.: 65 dbA; and
c. If the receiving use is in an industrial district: Anytime: 80 dBA.
5. Sound levels of noise radiating from a zoning lot line or district boundary line (as specified in division 6. below in excess of the above dbA levels shall constitute prima facia evidence the noise is a public nuisance and a violation of this chapter.
6. In the case of uses in the IP district, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing a manufacturing, processing and assembly operation. In the case of uses in the I district, all measurements to determine compliance shall be made at the nearest boundary of the district to the use being evaluated.
7. Yard and lawn maintenance equipment engaged in normal yard and lawn maintenance operations are not subject to these regulations.
8. The requirements in division (B)(2) above shall apply to new uses or additions to existing uses and shall not be considered to apply to any existing use which is operating on the effective date of this section; nor shall this section make any like existing use nonconforming. Existing uses shall mean any use of property which is legally permitted and any operation, equipment, process or system which is in operation prior to the above date. Additions to a use includes any additional operations, equipment, processes or systems which were not operational on the above date. Note: The requirements, prohibitions and terms of this chapter shall not apply to warning signal devices of any authorized emergency vehicle acting in time of emergency. Nor shall these terms apply to activities of a temporary duration permitted by law and for which a license or permit has been granted by the town, including, but not limited to, parades and fireworks displays.
(3) Vibration:
(a) Vibration levels shall not exceed the following standards: maximum peak particle velocity:
Steady state: 0.02 inches/second; impact: 0.04 inches/second. Note: The maximum particle velocity shall be the maximum displacement vector sums of 3 mutually perpendicular components, recorded simultaneously, multiplied by the frequency in cycles per second. For purposes of this chapter, steady-state vibrations are vibrations which are continuous, or vibrating in discrete impulses more frequent than 60; and
(b) In the case of uses in the IP district, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing a manufacturing, processing and assembly operation. In the case of uses in the I District, all measurements to determine compliance shall be made at the nearest boundary of the district to the use being evaluated.
(C) Design standards for all industrial districts.
(1) The purpose of this section is to establish standards for those items that affect the physical aspect of Liberty's environment.
(2) These standards focus on design principals which can result in creative solutions that will develop a satisfactory visual appearance within the town, preserve values and promote the public health, safety and welfare.
(3) It has been determined that zoning regulations guide development towards accomplishing the community's goals as stated within the Liberty Land Development Plan, creating a quality community and improving the community's livability.
(4) These goals protect and enhance individuals' welfare and markets the community for quality development.
(5) The standards require a basic level of site and structure design. The standards are not intended to limit creativity or create a community where everything looks the same.
(6) Its intent is to serve as a tool for design in the context of developing Liberty as a unique place. Consideration has been given to balancing the interests of property owners with the community's aesthetic character.
(7) The balancing of the landowners right to use his or her land, with the corresponding right of abutting and neighboring landowners to live without nuisances such as noise, smoke, fumes, odors, glare of lights and visual pollution.
(8) All new construction and expansions and/or additions, shall meet the requirements of this chapter pertaining to design regulations and shall also meet the following specific design criteria which is meant to facilitate an orderly pattern of architecturally and aesthetically integrated development.
(a) Structures. Structures, except permitted residential structures, located within Industrial Districts which are within 200 feet of the centerline of any major or minor thoroughfare shall meet the requirements of § 154.095. All other structures, except permitted residential structures, shall meet the following.
(b) All facades. Any code approved material including vinyl siding and metal facade covering and other synthetic materials shall be allowed for any wall. Where the walls are visible from adjoining residentially zoned property, the walls shall be screened or buffered according the requirements of this subchapter.
(c) Utilities. All utilities providing direct service to individual buildings shall be placed underground unless existing development within 200 feet on either side of the proposed building currently utilizes overhead utilities or are required to be placed above ground by the applicable utility provider.
(9) (a) Expansions including cumulative additions of nonconforming situations which result in an increase of over 50% in the linear street fronting footage of a structure shall comply in all respects to the development standards of this chapter. This section shall apply to all expansions or additions permitted after June 28, 2004.
(b) Interior remodeling, repairs or other forms of redevelopment which do not create additional floor area or exterior repairs which do not change required design features shall be exempt from the provisions of this section.
(c) Routine maintenance or repairs of any structure or site feature shall be exempt from the provisions of this section.
(10) All accessory structures, located within 400 feet of the centerline of any major or minor thoroughfare as described in division (C)(8)(a) above, and which are larger than 12 by 12 or 144 square feet shall comply with the provisions of § 154.095(D)(3).
(11) In addition to site plan requirements as specified in § 154.254, elevation plans at a minimum scale of 1/8-inch equals 1 foot for all exterior walls for the proposed construction shall be submitted. Plans shall be on bond or vellum paper no less than 8-1/2 by 11 inches. Drawing(s) shall be straight-line and building materials identified in accordance with accepted architectural standards including Job title and location. Modifications to the site plan or elevation plan shall be resubmitted for approval.
(12) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEARANCE. The outward aspect visible to the public.
ELEVATION PLAN. Building profiles to scale showing the architectural style, design and arrangement of the exterior of a building or other structures, including the kind and texture of the building material, the size, color and scale of the building, and the type, color, style of all windows, doors, roofs and other appurtenant fixtures.
FACADE. The exterior wall of a building exposed to public view.
FACIA; (BOARD). A horizontal piece covering the joint between the top of a wall and the projecting eaves. FACIA shall be considered as facade.
PARAPET WALL. That portion of any building wall that rises above the level of the roof line, and it is made of the same material and thickness as the building wall.
(1981 Code, § 515) (Ord. passed 6-28-2004)
§ 154.095 COMMERCIAL DISTRICTS; PERFORMANCE STANDARDS.
All uses permitted within an B1 or B2 district shall meet the following performance standards.
(A) Light.
(1) Glare. The direct light of outdoor lighting fixtures which are a reflective, directional or nondiffused type (glare) shall not be visible from outside the zoning lot.
(2) Footcandles. Diffused or nondirectional light and the combination of all light shall not exceed 2.0 footcandles at the zoning lot line if the adjoining property is residentially zoned.
(B) Noise.
(1) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e, whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specification of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dbA to reflect the use of this A-weighted filter.
(2) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which a valid permit issued by proper authority is in effect. Issuance of a certificate of zoning compliance is evidence that the construction project is complete.
(3) All railroad rights-of-way shall not be subject to the requirements of this chapter.
(4) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than 1 minute in any 1-hour period are permissible up to a level of 10 dbA in excess of the figure listed except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. Impact noises generated by sources that operate at a frequency greater than 1 minute in any 1-hour period are regulated as a continuous noise and are subject to the sound levels given in division (B)(5) below. All impact noise shall be measured using the fast response of the sound level meter.
(5) Sound levels shall not exceed the following standards.
(a) If the receiving use is in a residential district: between 7:00 a.m. and 7:00 p.m.: 65 dbA; between 7:00 p.m. and 10:00 p.m.: 60 dbA; between 10:00 p.m. and 7:00 a.m.: 55 dbA.
(b) If the receiving use is in a commercial district: between 7:00 a.m. and 7:00 p.m.: 70 dbA; between 7:00 p.m. and 10:00 p.m.: 65 dbA; between 10:00 p.m. and 7:00 a.m.: 60 dbA.
(c) If the receiving use is in an industrial district: anytime: 80 dBA.
(6) Sound levels of noise radiating from a zoning lot line in excess of the above dBA levels shall constitute prima fascia evidence the noise is a public nuisance and a violation of this section.
(7) Yard and lawn maintenance equipment engaged in normal yard and lawn maintenance operations are not subject to these regulations.
(8) In the case of uses in the B1 and B2 districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing the use generating the noise.
(9) The requirements in § 154.095(B) shall apply to new uses or additions to existing uses and shall not be considered to apply to any existing use which is operating on the effective date of this section; nor shall this section make any like existing use nonconforming.
(10) Existing uses shall mean any use of property which is legally permitted and any operation, equipment, process or system which is in operation prior to the above date. Additions to a use includes any additional operations, equipment, processes or systems which were not operational on the above date.
(11) Note: The requirements, prohibitions and terms of this chapter shall not apply to warning signal devices of any authorized emergency vehicle acting in time of emergency. Nor shall these terms apply to activities of a temporary duration permitted by law and for which a license or permit has been granted by the town, including, but not limited to, parades and fireworks displays.
(C) Vibration.
(1) Vibration levels shall not exceed the following standards:
(a) Maximum peak particle velocity: steady state: 0.02 inches/second; and
(b) Impact: 0.04 inches/second.
(2) Note: The maximum particle velocity shall be the maximum displacement vector sums of 3 mutually perpendicular components, recorded simultaneously, multiplied by the frequency in cycles per second For purposes of this chapter, steady-state vibrations are vibrations which are continuous, or vibrating in discrete impulses more frequent than 60.
(3) In the case of uses in the B1 and B2 districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing the use generating the noise.
(D) Design standards for all Commercial Districts.
(1) The purpose of this section is to establish standards for those items that affect the physical aspect of Liberty's environment. These standards focus on design principals which can result in creative solutions that will develop a satisfactory visual appearance within the town, preserve values and promote the public health, safety and welfare.
(2) It has been determined that zoning regulations guide development towards accomplishing the community's goals as stated within the Liberty Land Development Plan, creating a quality community and improving the community's livability. These goals protect and enhance individuals' welfare and markets the community for quality development.
(3) The standards require a basic level of site and structure design. The standards are not intended to limit creativity or create a community where everything looks the same. Its intent is to serve as a tool for design in the context of developing Liberty as a unique place. Consideration has been given to balancing the interests of property owners with the community's aesthetic character.
(4) The balancing of the landowners right to use his or her land, with the corresponding right of abutting and neighboring landowners to live without nuisances such as noise, smoke, fumes, odors, glare of lights and visual pollution.
(5) All new construction and expansions and/or additions, shall meet the requirements of this chapter pertaining to design regulations and shall also meet the following specific design criteria which is meant to facilitate an orderly pattern of architecturally and esthetically integrated development:
(a) Facades fronting streets and roads.
1. Sixty percent of the area of the front face of any non- residential structure including doors and windows shall be finished with any Building Code approved material except metal faced panels; metal faced painted panels and any metal panel with "rib” or “u” configuration; and laminated, composite or press board wood type materials. (Composed of layers offirmly united wood materials; made by bonding or impregnating superposed layers with resin and compressed under heat).
2. Metal faced panels with galvanized, aluminum or aluminum zinc finishes shall not be permitted for any portion of the front face.
3. Permitted residential uses shall comply with § 154.096.
(b) Facades other than fronting streets and roads.
1. Any code approved material including vinyl siding and metal facade covering and other synthetic materials except metal faced panels with galvanized, aluminum or aluminum zinc finishes, shall be allowed for any wall not fronting streets and roads.
2. Where the walls are visible from adjoining residentially zoned property, the walls shall be screened or buffered according the requirements of this chapter.
(c) Trim. Trim and similar architectural detailing may be composed of any code-approved materials.
(d) Utilities. All utilities providing direct service to individual buildings shall be placed underground unless existing development within 200 feet on either side of the proposed building currently utilizes overhead utilities or are required to be placed above ground by the applicable utility provider.
(6) (a)
Expansions including cumulative additions of nonconforming uses which result in an increase of over 50% in the linear street fronting footage of a structure shall comply in all respects to the development standards of this subchapter. This section shall apply to all expansions or additions permitted after June 28, 2004
(b) Interior remodeling, repairs or other forms of redevelopment which do not create additional floor area or exterior repairs which do not change required design features shall be exempt from the provisions of this section.
(c) Routine maintenance or repairs of any structure or site feature shall be exempt from the provisions of this section.
(7) All accessory structures larger than 12 by 12 or 144 square feet shall comply with the provisions of § 154.095(D)(1).
(8) (a) In addition to site plan requirements as specified in § 154.254 below, elevation plans at a minimum scale of 1/8-inch equals 1 foot for all exterior walls for the proposed construction shall be submitted.
(b) Plans shall be on bond or vellum paper no less than 8-1/2 by 11 inches. Drawing(s) shall be straight-line and building materials identified in accordance with accepted architectural standards including job title and location.
(c) Modifications to the site plan or elevation plan shall be resubmitted for approval.
(9) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEARANCE. The outward aspect visible to the public.
ELEVATION PLAN. Building profiles to scale showing the architectural style, design and arrangement of the exterior of a building or other structures, including the kind and texture of the building material, the size, color and scale of the building, and the type, color, style of all windows, doors, roofs and other appurtenant fixtures.
FACADE. The exterior wall of a building exposed to public view.
FACIA; (BOARD). A horizontal piece covering the joint between the top of a wall and the projecting eaves. Facia shall be considered as facade.
PARAPET WALL. That portion of any building wall that rises above the level of the roof line, and it is made of the same material and thickness as the building wall.
(1981 Code, § 516) (Ord. passed 6-28-2004)
§ 154.096 RESIDENTIAL DISTRICTS; PERFORMANCE STANDARDS.
All non residential uses permitted within R40, R12, R6 and RMF districts shall meet the following performance standards.
(A) Light.
(1) Glare. The direct light of outdoor lighting fixtures which are a reflective, directional or nondiffused type (glare) shall not be visible from outside the zoning lot.
(2) Footcandles. Diffused or nondirectional light and the combination of all light shall not exceed 2.0 footcandles at the zoning lot line if the adjoining property is residentially zoned.
(B) Noise.
(1) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i. e, whether the pitch of the sound is high or law) an A-weighted filter constructed in accordance with the specification of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dbA to reflect the use of this A-weighted filter.
(2) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which a valid permit issued by proper authority is in effect. Issuance of a certificate of zoning compliance is evidence that the construction project is complete.
(3) All railroad rights-of-way shall not be subject to the requirements of this chapter.
(4) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than 1 minute in any 1-hour period are permissible up to a level of 10 dbA in excess of the figure listed except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. Impact noises generated by sources that operate at a frequency greater than 1 minute in any 1-hour period are regulated as a continuous noise and are subject to the sound levels given in division (B)(5) below. All impact noise shall be measured using the fast response of the sound level meter.
(5) Sound levels shall not exceed the following standards:
(a) If the receiving use is in a residential district:
1. Between 7:00 a.m. and 7:00 p.m.: 65 dbA;
2. Between 7:00 p.m. and 10:00 p.m.: 60 dbA; and
3. Between 10:00 p.m. and 7.-00 a.m.: 55 dbA.
(b) If the receiving use is in a commercial district:
1. Between 7:00 a.m. and 7:00 p.m.: 70 dbA;
2. Between 7:00 p.m. and 10:00 p.m.: 65 dbA; and
3. Between 10:00 p.m. and 7:00 a.m.: 60 dbA.
(c) If the receiving use is in an industrial district: Anytime: 80 dBA.
(6) Sound levels of noise radiating from a zoning lot line in excess of the above dbA levels shall constitute prima facia evidence the noise is a public nuisance and a violation of this chapter.
(7) Yard and lawn maintenance equipment engaged in normal yard and lawn maintenance operations are not subject to these regulations.
(8) In the case of uses in the R40, R12, R6 and RMF districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing the use generating the noise.
(9) The requirements in § 154.096(B) shall apply to new uses or additions to existing uses and shall not be considered to apply to any existing use which is operating on the effective date of this section; nor shall this section make any like existing use nonconforming.
(10) Existing uses shall mean any use of property which is legally permitted and any operation, equipment, process or system which is in operation prior to the above date. Additions to a use include any additional operations, equipment, processes or systems which were not operational on the above date.
(11) Note: The requirements, prohibitions and terms of this chapter shall not apply to warning signal devices of any authorized emergency vehicle acting in time of emergency. Nor shall these terms apply to activities of a temporary duration permitted by law and for which a license or permit has been granted by the town, including, but not limited to, parades and fireworks displays.
(C) Vibration.
(1) Vibration levels shall not exceed the following standards; maximum peak particle velocity:
(a) Steady state: 0.02 inches/second; and
(b) Impact: 0.04 inches/second.
(2) Note:
(a) The maximum particle velocity shall be the maximum displacement vector sums of 3 mutually perpendicular components, recorded simultaneously, multiplied by the frequency in cycles per second; and
(b) For purposes of this chapter, steady-state vibrations are vibrations which are continuous, or vibrating in discrete impulses more frequent than 60.
(3) In the case of uses in the R40, R12, R6 and RMF districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing he or she use generating the noise.
(D) Design standards for all Residential Districts.
(1) The purpose of this section is to establish standards for those items that affect the physical aspect of Liberty's environment.
(2) These standards focus on design principals which can result in creative solutions that will develop a satisfactory visual appearance within the town, preserve values and promote the public health, safety and welfare.
(3) It has been determined that zoning regulations guide development towards accomplishing the community's goals as stated within the Liberty Land Development Plan, creating a quality community and improving the community's livability.
(4) These goals protect and enhance individuals' welfare and markets the community for quality development.
(5) The standards require a basic level of site and structure design. The standards are not intended to limit creativity or create a community where everything looks the same.
(6) Its intent is to serve as a tool for design in the context of developing Liberty as an unique place. Consideration has been given to balancing the interests of property owners with the community's aesthetic character.
(7) The balancing of the landowners right to use his or her land, with the corresponding right of abutting and neighboring landowners to live without nuisances such as noise, smoke, fumes, odors, glare of lights and visual pollution.
(a) Except single-family dwellings. Except single-family dwellings and their permitted accessory structures, all new construction and expansions and/or additions, shall meet the requirements of this chapter pertaining to design regulations and shall also meet the following specific design criteria which is meant to facilitate an orderly pattern of architecturally and esthetically integrated development:
1. All facades: 100% of the area below the facia of any non-single-family building including doors and windows shall be finished with any Building Code approved material except:
a. Metal faced panels, metal faced painted panels and any metal panelwith “rib” or “u” configuration;
b. Laminated, composite or press board wood type materials (composed of layers of firmly united wood materials; made by bonding or impregnating superposed layers with resin and compressed under heat); and
c. Horizontal vinyl siding with an apparent board width of more than 6 inches.
2. Trim and similar architectural detailing may be composed of any code-approved materials and
3. All multifamily structures less than 3 stories in height using a sloped roof shall have a minimum slope of 5 in 12 on the principal roof. All multifamily structures not using a sloped roof shall have a parapet wall above the roof of at least 3 feet in height.
(b) Nonconforming uses and exemptions.
1. Expansions of nonconforming uses shall comply in all respects to the development standards of this section.
2. Interior remodeling, repairs or other forms of redevelopment which do not create additional floor area or exterior repairs which do not change required design features shall be exempt from the provisions of this section.
3. Routine maintenance or repairs of any structure or site feature shall be exempt from the provisions of this section.
(c) Accessory buildings and structures. All accessory structures larger than 12 by 12 or 144 square feet shall comply with the provisions of § 154.096(D)(1).
(d) Site plan requirements.
1. In addition to site plan requirements as specified in § 154.254, elevation plans at a minimum scale of 1/8-inch equals 1 foot for all exterior walls for the proposed construction shall be submitted. Plans shall be on bond or vellum paper no less than 8-1/2 by 11 inches.
2. Drawing(s) shall be straight-line and building materials identified in accordance with accepted architectural standards including job title and location. Modifications to the site plan or elevation plan shall be resubmitted for approval.
(e) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEARANCE. The outward aspect visible to the public.
ELEVATION PLAN. Building profiles to scale showing the architectural style, design and arrangement of the exterior of a building or other structures, including the kind and texture of the building material, the size, color and scale of the building, and the type, color, style of all windows, doors, roofs and other apputenances.
FACADE. The exterior wall of a building exposed to public view.
FACIA; (BOARD). A horizontal piece covering the joint between the top of a wall and the projecting eaves. Facia shall be considered as facade.
PARAPET WALL. That portion of any building wall that rises above the level of the roof line, and it is made of the same material and thickness as the building wall.
(1981 Code, § 517) (Ord. passed 6-28-2004)
§ 154.097 TREES; SHRUBS; SCREENING.
(A) Understory trees:
(1) American Hornbeam;
(2) Eastern Redbud;
(3) Flowering Dogwood;
(4) Washington Hawthorn;
(5) Russian Olive;
(6) Mountain Silverbell;
(7) American Holly;
(8) Golden Rain Tree;
(9) Grape Myrtle;
(10) Sourwood;
(11) Carolina Cherry-Laurel;
(12) Kousa Dogwood;
(13) Fringe Tree;
(14) Star Magnolia;
(15) Sweet Bay Magnolia;
(16) Stewartia;
(17) Amelandier; and
(18) Styrax.
(B) Evergreen trees:
(1) Deodar Cedar;
(2) Southern Magnolia;
(3) Carolina Hemlock;
(4) Cryptomeria;
(5) Red Cedar; and
(6) Leyland Cypress.
(C) Canopy trees:
(1) Sugar Maple;
(2) Norway Maple;
(3) Red Maple Variety;
(4) Ginko (male);
(5) Honeylocust;
(6) Chinese Elm;
(7) Eastern Red Oak;
(8) Willow Oak;
(9) Scarlet Oak;
(10) Laurel Oak;
(11) River Birch;
(12) Zelkova;
(13) Bradford Pear; and
(14) Clevland Pear.
(D) Scrubs for evergreen screening:
(1) Glossy Abelia;
(2) Wintergreen Barberry;
(3) Dwarf Horned Holly;
(4) Convexa Japanese Holly;
(5) India Hawthorn;
(6) Azaleas and Rhododendrons;
(7) Japanese Yew;
(8) Compacta Holly;
(9) Southern Wax Myrtle;
(10) Thorny Elaeagnus;
(11) Burford Holly;
(12) Yaupon Holly;
(13) Japanese Privet;
(14) Fortune Tea Olive;
(15) Red Photinia;
(16) Laurentinus Virburnum;
(17) Northern Bayberry;
(18) Gold Thread Cypress;
(19) Crippsii Cypress;
(20) Virburnum Chindo; and
(21) Mahonia Bealei.
(E) Buffer shrubs:
(1) Japanese Barberry;
(2) Border Forsythia;
(3) Vernal Witch Hazel;
(4) Common Witch Hazel;
(5) Pfitzer Juniper;
(6) Parsori Juniper;
(7) Cotoneaster;
(8) Drooping Leucothoe;
(9) Winter Honeysuckle;
(10) Juddi Viburnum;
(11) Doublefile Virburnum;
(12) Carlesi Virburnum;
(13) Helleri Holly;
(14) Butterfly Bush;
(15) Nandina Domestica; and
(16) Inkberry Holly.
(1981 Code, Article 500, Appendix A) (Ord. passed 6-28-2004)
§ 154.098 SOLAR FARM(S) LOCATED IN I AND IP DISTRICTS.
(A) Intent. This section is intended to provide the opportunity for solar energy to serve as a viable form of energy generation while protecting public health, safety and general welfare.
(B) General requirements. The following provisions shall apply to solar farms in industrial zoning districts:
(1) All structures and equipment associated with solar farms shall observe setbacks specified by § 154.066.
(2) Front yard landscaping that meets the requirements of § 154.086 is required.
(3) (a) Buffering/screening shall be installed as prescribed by the requirements of a Group 1 use in the Buffering and Screening Matrix of § 154.082.
(b) Exception. No buffering is required for portions of the zoning lot in which structure(s), solar collectors/equipment, and parking associated with the solar farm are 100 feet or more from the zoning lot boundary. On all other portions of the zoning lot in which these features are less than 100 feet from the zoning lot boundary, buffer/screen requirements shall apply.
(C) Electric solar energy components shall have a UL listing and be designed with anti-reflective coating(s).
(Ord. passed 7-6-2015)