Littleton City Zoning Code

GENERAL PROVISIONS

§ 153.001 AUTHORITY AND ENACTMENT.

In pursuance of the authority granted by the G.S. Ch. 160D, Article 7, be it ordained by the Board of Commissioners as follows in this chapter.

(Ord. 21- , passed - -2021)

§ 153.002 TITLE.

This chapter shall be known and may be cited as the Zoning Code of the Town of Littleton, North Carolina, and may be referred to as the Zoning Code.

(Ord. 21- , passed - -2021)

§ 153.003 PURPOSE.

(A) For the purpose of promoting the health, safety, morals and general welfare, this chapter is adopted by the Board of Commissioners to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

(B) (1) The zoning regulations in this chapter are in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(2) The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its areas and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction.

(Ord. 21- , passed - -2021)

§ 153.004 JURISDICTION.

The area to which this chapter applies is shown on the official zoning map.

(Ord. 21- , passed - -2021)

§ 153.005 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except as defined in this section or in other sections of this chapter, all words used in this chapter shall have their customary dictionary definition.

(A) Interpretation of commonly used terms and words.

LOT. Includes the words PLOT, PARCEL and TRACT.

MAP, ZONING MAP or LITTLETON ZONING MAP. The official zoning map of Littleton, North Carolina.

STRUCTURE. Includes the word BUILDING.

USED. As applied to any land or building, shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED.

(B) Definitions of commonly used terms and words.

ABUTTING. The property directly touches another piece of property.

ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure.

ADULT ESTABLISHMENT. Any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing or related to anatomical areas and sexual activities specified in G.S. § 14-202.10, including but not limited to an adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment businesses or massage businesses in which a person performing the massage does so while exhibiting anatomical areas specified in G.S. § 14-202.10 or in which the massage involves the intentional stimulation of those specified anatomical areas.

ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side properties otherwise abutting on a street.

BUFFER STRIP. A strip which shall be a minimum of 16 feet in width, shall be composed of evergreen bushes, shrubs and/or trees so that at least two rows of coverage are provided from the ground to a height of six feet within six years and foliage overlaps, or a barrier constructed of stone, block, brick or other suitable building material, with a minimum height of five feet. The 16 feet required for the BUFFER STRIP shall be in addition to all normal yard requirements this chapter.

BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.

BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the height level between the eaves and ridge of a gable, hip or gambrel roof.

COMMERCIAL ADULT AMUSEMENT BUILDING. Any building that includes more than two commercial adult game machines, or which offers or provides any prize, money or other thing of value to any commercial adult game machine user.

COMMERCIAL ADULT GAME MACHINE. Any lawful electronic device used for commercial purposes that is designed to simulate gambling or a game of chance and which is marketed primarily for adults. Without limitation, common examples include video poker, blackjack, Texas Hold ‘Em, 7-card Stud, Omaha and craps.

COMMERCIAL CHILD GAME MACHINE. Any lawful electronic device used for commercial purposes that is designed as an amusement game, marketed primarily for children and young adults, involves skill or dexterity, is not a game of chance, and which is commonly found in video arcades. Without limitation, common examples include Pac-Man, Super Mario Brothers, Space Invaders and Donkey Kong. Provided, that no money may be awarded to any user of a COMMERCIAL CHILD GAME MACHINE.

COMMUNITY SHELTER. A building used by a government agency or a nonprofit organization to provide a temporary residence and related services to the homeless, victims of domestic violence and others deprived of safe living quarters. A COMMUNITY SHELTER also may be used for meetings, classes, workshops or similar activities related to the shelter’s mission, and may serve as offices and residence for individuals providing services related to the shelter.

CONDOMINIUM. A project meeting the requirements of G.S. §§ 47A-1 et seq. The type of structure and use rather than condominium form of ownership shall be the determining factor in deciding whether a use is permitted in a district.

DISH ANTENNA (or EARTH STATION). An accessory structure and shall mean a combination of antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; a low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and a coaxial cable whose purpose is to carry the signals into the interior of the building.

DISH ANTENNA (or EARTH STATION) HEIGHT. The distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.

DISH ANTENNA (or EARTH STATION) SETBACK. The distance measured from the center mounting post supporting the antenna.

DWELLING. As defined by G.S. § 160D-102(15).

DWELLING, MULTI-FAMILY. A building arranged to be occupied by more than two families, the building having more than two dwelling units, but excluding mobile homes and town houses.

DWELLING, SINGLE-FAMILY. A building arranged to be occupied by one family, the building housing only one dwelling unit, but excluding mobile homes and town houses.

DWELLING, TWO-FAMILY. A building arranged to be occupied by two families, the building having two dwelling units, but excluding mobile homes and town houses.

DWELLING UNIT. A building or portion thereof designed, arranged and/or used as living quarters for one or more persons as a single family, with cooking facilities, excluding units in rooming, boarding and tourist houses, family or group care homes or hotels or motels or other buildings designed for transient residence.

FAMILY. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding five living together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a FAMILY, as shall a foster care home approved by the state.

FLOOR AREA, GROSS. The number of square feet of total floor area bounded by the exterior faces of a structure, plus the number of square feet of unenclosed space devoted to the conduct of the use, excluding basement and unenclosed porches, balconies and terraces, unless used in conjunction with the use, such as for outdoor eating, merchandising, storage, assembly or similar uses and excluding off-street parking and loading areas.

HOME OCCUPATION. An incidental use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or service. The term HOME OCCUPATION shall not be deemed to include a tourist home.

JUNKYARD. The use of more than 600 square feet of any lot or tract for the outdoor storage and/or sale of waste paper, rags, scrap metal or other junk, including the storage of automobiles or other vehicles or dismantling of vehicles or machinery or parts thereof.

KENNEL. An establishment for the keeping or breeding of dogs for profit.

LOT. A single lot of record, or more than one contiguous lot of record in the same ownership, which lot or lots of record are not divided by any street or public alley, and excluding any part of a lot or lots of record which, when severed from the contiguous land in the same ownership, creates a nonconformity or a lot or parcel which does not meet the dimensional requirements of this chapter.

LOT, CORNER. A lot which occupies the interior angle at the intersection of two or more right-of-way lines. A lot abutting on the right-of-way of a curved street (or street) 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 meet at an interior angle of less than 135 degrees.

LOT COVERAGE, MAXIMUM IN PERCENT. The maximum percent of the lot which may be covered with structures. All yard requirements must be met in addition to lot coverage requirements.

LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear. On lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code, the foremost points of the side lot lines shall be measured at the place where the access strip joins the main portion of the lot.

LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Register of Deeds of the county or lot described by metes and bounds the description of which has been so recorded.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided however, that width between side lot lines at their foremost points (where they intersect the right-of-way line, or for lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code, at the place where the access strip joins the main portion of the lot) shall not be less than 80% of the required lot width, except in the case of the turning circle of cul-de-sacs where the 80% requirement shall not apply.

MOBILE HOME. As defined by G.S. § 143-145(7). A dwelling meeting the above definition shall be considered a MOBILE HOME, even if placed on a permanent foundation. MOBILE HOMES less than 28 feet wide (commonly referred to as single wide mobile homes) are prohibited.

MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for these accommodations.

MODULAR HOME. A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the state’s Residential Building Code, and bears a seal or label as provided in G.S. § 143-139.1.

NET ACREAGE, ACRES, LAND AREA, SQUARE FOOTAGE OF LAND AREA. Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses, and major transmission line easements not included in its measurement.

PLANNED UNIT DEVELOPMENT. As defined in § 153.062(C)(2) of this code.

PRINCIPAL BUILDING, USE OR STRUCTURE. The main use of a lot or the building or structure in or on which the main use of the lot takes place.

PUBLIC USE. A public use is a building owned or operated by a public entity, including but not limited to emergency services, government services and public parks and recreation facilities.

RESTAURANT. An establishment whose primary purpose is serving meals to patrons. In order to qualify as a RESTAURANT, the establishment must provide indoor dining room seating to accommodate at least 20 patrons, and must provide indoor restrooms sufficient to accommodate its patrons.

RESTAURANT, DRIVE-IN or TAKE-OUT. Any restaurant which makes provision for curb service, outdoor service or a drive-in window, or any restaurant more than 10% of whose average daily customers take their food or beverages out of the restaurant.

RESTAURANT, INDOOR. Any restaurant except a drive-in or take-out restaurant.

RIGHT-OF-WAY, STREET. Strip of land owned publicly or privately, which affords the principal means of access to abutting property.

ROOF LINE. The top edge of the roof or the top edge of the parapet, whichever forms the top line of the building silhouette, but not including penthouses or equipment structures.

SHOPPING CENTER. Two or more commercial establishments planned and constructed, as a single unit with off-street parking and loading facilities provided on the property.

SIGN. Any outdoor letter, symbol, number, trademark or other form of publicity or combination of these as well as the surface on which they are painted or to which they are attached, and any background material, coloring, shapes or other trim shall be considered a SIGN, unless entirely enclosed by a fence or wall so that the above items and any structure or lighting attached to or accessory to them cannot be seen off the premises on which they are located. Works of fine art which in no way identify or advertise a product or business shall be excluded from this definition.

SIGN AREA.

(a) The area of the smallest regular polygon composed of eight lines or less, circle, half-circle, ellipse or combination thereof, which will encompass the entire sign, excluding the base or apron, supports or other structural members unless some part of the message appears on them, in which case they shall be included.

(b) Where symbols, letters or numbers are attached separately to a structure, including a sign structure or to separate surfaces, the area between the separate items or letters, whether open or solid, shall be computed as part of the sign area.

(c) The total SIGN AREA for a double-faced sign shall be measured on the largest face of the sign. Where three-dimensional figures are used as signs, the largest dimensions of the figure shall be projected on a vertical plane and measured in the standard manner.

SIGN, HEIGHT. The vertical distance measured from the adjacent street grade or from the ground on which it rests, whichever allows the sign the greatest height, to the top of the sign. Types of signs are as follows:

(a) GROUND SIGN. A sign erected on a freestanding frame, mast and/or pole and not attached to any building, fence or wall.

(b) IDENTIFICATION SIGN. A sign which contains any or all of the following: the name of the occupants, owner or establishment; the type of establishment; the name of the franchise; the hours of operation; and house number, when located on the site of the establishment.

(c) OFF-SITE ADVERTISING SIGN (BILLBOARD). A sign which contains information about an establishment, business, commodity, activity or service not conducted, sold or offered upon the premises where the sign is located and not otherwise allowed in Table of Permitted Signs, § 153.130 of this code and which is not specifically regulated in Table of Permitted Signs as a directional sign to churches, meeting halls, civic clubs or garage sales, or as a temporary sign.

(d) ON-SITE ADVERTISING SIGN. A sign which contains information about an establishment or the products or services that it offers, other than that contained in an identification sign, when located on the same site as the establishment to which it refers.

(e) PROJECTING SIGN. A sign which extends beyond and is attached to a building wall and may extend over a public right-of-way.

(f) ROOF SIGN. A sign attached to and extending upward from the roof of the structure.

(g) TEMPORARY SIGN. A sign which notifies the public of special events, grand openings or other significant, temporary occurrences, not of a recurring nature. A TEMPORARY SIGN may be constructed of any suitable material; however, any sign constructed of other than a self-supporting material (i.e., wood, metal and the like) except as otherwise permitted in this chapter, shall be considered temporary.

(h) WALL SIGN. A sign which is attached flat to the wall or facade of a building, or to a fence or wall.

SOLAR COLLECTION SYSTEM. One or more panels or other solar energy devices principally used as an accessory use, the primary purpose of which is to provide for the non-commercial collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, fences, signs and swimming pools.

TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating the units.

VARIANCE. A relaxation of the terms of this chapter under the specific conditions set forth in § 153.078(B) of this code.

YARD. An open space on the same lot with a principal structure or use unobstructed and unoccupied by any structure or portion thereof or parking or loading area, except as provided in this chapter.

YARD, FRONT. A yard extending the full width of the lot and situated between the right-of-way line and the front line of the principal structure or use projected to the side lines of the lot. Depth of required FRONT YARDS shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines in the case of rounded property corners at street intersections shall be assumed to be the point at which the side and front lines would have met without the rounding. The foremost points of the side lot line in the case of lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code shall be measured at the place where the access strip joins the main portion of the lot. However, nothing may be placed in the access strip that is not permitted by this chapter to be placed in a FRONT YARD. Front and rear yard lines shall be parallel.

YARD, REAR. A yard extending the full width of the lot and situated between the rear line of the lot and the principal structure or use projected to the side lines of the lot.

YARD, SIDE. A yard extending along either side of a lot measured from front yard line to rear yard line and lying between the side lot line and the principal structure or use on the lot.

ZONING ADMINISTRATOR. The official charged with the enforcement of this chapter.

(Ord. passed 7-12-2004; Ord. passed 8-8-2005; Ord. 2009-05, passed 8-17-2009; Ord. 2009-07, passed 8-17-2009; Ord. 2010-03, passed 7-19-2010; Ord. 2012-01, passed 4-16-2012; Ord. 2013-02, passed 4-15-2013; Ord. 2013-08, passed 9-16-2013; Ord. 21, passed - -)

§ 153.006 APPLICATION OF REGULATIONS.

The regulations set forth in this chapter shall affect all land, every structure and every use of land and/or structure and shall apply as follows.

(A) No structure or land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved or structurally altered except in compliance with the regulations of this chapter for the district in which it is located.

(B) No structure shall hereafter be erected or altered so as to exceed the height limit or density regulations of this chapter for the district in which it is located.

(C) No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot area per dwelling unit, lot width, yard and lot coverage requirements and other requirements of this chapter are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.

(D) No part of a yard or other open space required about any structure or used for the purpose of complying with provisions of this chapter shall be included as a part of a yard or other open space similarly required for another structure or use.

(E) In any district, no more than one principal building or use may be erected on a single lot of record, except as specifically permitted in other sections of this chapter.

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.007 INTERPRETATION OF REGULATIONS.

The regulations in this chapter shall be enforced and interpreted according to the following rules.

(A) Uses not designated in the district regulations as permitted or special uses shall be prohibited. Special uses are permitted according to the additional regulations imposed. These special uses can be approved only by the Board of Adjustment as specified in this chapter. Applications for conditional zoning are approved by the Board of Commissioners. Additional uses may be added to this chapter by amendment.

(B) Regulations set forth by this chapter shall be minimum regulations. If the requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted uses, regulations or ordinances, the more restrictive or higher standard shall govern.

(C) Unless restrictions established by covenants with the land are prohibited by or contrary to the provisions of this chapter, nothing herein contained shall be construed to render these covenants inoperative.

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.008 EXCEPTIONS AND MODIFICATIONS.

(A) The minimum front yard requirements of this chapter for dwellings shall not apply on any lot where the average front yard of existing dwellings located wholly or in part within 100 feet on each side of the lot within the same block and zoning district and fronting on the same side of the street is less than the required front yard. In these cases, the front yard on the lot may be less than the required front yard but not less than the adjacent dwelling with the greatest front yard depth or the average front yard of existing dwellings located wholly or in part within 100 feet on each side, whichever is greater.

(B) In any residential district for corner lots, the side yard requirements along the side street shall be increased by ten feet.

(C) The Board of Adjustment shall review as a special use, structures such as church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, masts, aerials and similar structures, which exceed the height limitations of this chapter.

(D) Uncovered stairs, landings, terraces, porches, balconies and fire escapes may project to any yard, but the projection may not exceed six feet and may not be closer than ten feet to any lot line.

(E) Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but the projection shall not exceed three feet.

(F) The requirements of this chapter do not apply to roads, water, sewer, gas, electric, telephone and similar utility lines except as specifically mentioned.

(G) Lot width on lots which front on the turnaround circle of a cul-de-sac may be measured at the line formed by connecting the midpoint of the side lot line of the shorter side with a point on a longer side lot line which is the same distance from the front lot line as the midpoint of the shorter side, or if both side lot lines are the same length, at the line connecting the midpoints of the lot lines. All yard requirements must be met on these lots. If a lot has more than two sides, the side lot lines to be used are the two which connect with the front lot line.

(H) Property that is located within the town’s extraterritorial jurisdiction and that is used for bona fide farm purposes is exempt from this chapter to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. § 160D-903(c).

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.009 VISIBILITY AT INTERSECTIONS.

On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a manner as materially to impede vision between a height of two and one-half feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect.

(Ord. 21- , passed - -2021)

§ 153.010 HOME OCCUPATIONS; REGULATIONS.

Home occupations are permitted in all districts only as an incidental use and shall comply with the following regulations.

(A) No person other than a resident of the dwelling shall be engaged in the occupation.

(B) Pedestrian and vehicle traffic at the businesses shall be subject to regulation under other town ordinances, including nuisances and traffic control. Any vehicles shall be parked off the street. The parking of any vehicles on the property, other than an automobile, shall be in an enclosed building as described in division (C) below, or shall be a special use subject to approval by the Board of Adjustment.

(C) No more than 25% of the total actual floor area of the dwelling or 500 square feet, whichever is less, shall be used in the conduct of the home occupation. In addition, one accessory building not exceeding 1,000 square feet, shall be a special use in connection with the home occupation, to house commercial vehicles and/or for storage of materials used in connection with the home occupation. The accessory building may not be used for manufacturing, process, instruction, sales, service or other work in connection with the home occupation. All lot coverage, dimensional and other requirements of this chapter must be met by the accessory building. The accessory building must resemble a residential garage. A sketch of the proposed building and list of the materials to be used on the outside must be submitted with the application for a special use permit.

(D) A home greenhouse shall be permitted provided that the greenhouse meets the requirements of § 153.011 of this code and that any sales in connection with the greenhouse meet the requirements of this section.

(E) No outdoor sales or storage shall be permitted in connection with the home occupation. This provision shall not apply to incidental residential yard sales.

(F) The exterior appearance of the dwelling shall not be altered in a manner nor shall the occupation in the residence be conducted in a way as to cause the premises to differ from its residential character in exterior appearance.

(G) The use may not emit smoke beyond that which normally occurs in the applicable zoning district, nor shall it emit dust, vibration, odor, smoke, fumes, glare, electrical interference, interference to radio and television reception or other nuisance and shall not be volatile or present a fire hazard, nor may the occupation discharge into any waterway, stream, lake or into the ground or septic tank any waste which will be dangerous or a nuisance to persons or animals, or which will damage plants or crops.

(H) No home occupation shall involve the use of electrical or mechanical equipment that would change the fire rating of the structure in which the home occupation is conducted.

(I) No customers, clients, patrons or employees other than the residents’ household may be on the premises in connection with the home occupation before 7:00 a.m. or after 9:00 p.m.

(J) The following are strictly prohibited as home occupations: car washes; commercial automotive repair garages; truck terminals; slaughterhouses; paint, petroleum and chemical plants; any occupation which involves the bulk storage of liquid petroleum, gasoline, kerosene or other flammable liquids; funeral homes and mortuaries; massage parlors; sale of reading or viewing material of a pornographic nature; movie theaters; animal hospitals and kennels; and bottled gas sales.

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.011 ACCESSORY USES.

Accessory uses are permitted in any zoning district in accordance with the following regulations.

(A) An accessory building, structure or use is a permanent building, structure or use on the same lot or site with, of a nature customarily incidental and subordinate to and of a character related to the principal use or structure. An accessory building, structure or use is one intended for permanent location and is generally not used for shipping or repeated transport. A portable on demand storage unit (POD) is a mobile shipping container primarily used for storage and intended for temporary use. A POD is generally intended for repeated, mobile transport.

(B) Accessory uses to single-family, two-family and multi-family dwellings may not include commercial uses, except as permitted as home occupations in § 153.010 of this code or for multi-family dwellings, as allowed by the Board of Adjustment in accordance with the provisions of § 153.062 of this code.

(D) No accessory building shall exceed 35 feet in height, nor shall any accessory building exceed the principal building in height. No accessory building shall exceed 1,500 square feet in area, or 20% of the area of the principal building, whichever is less.

(E) An accessory building sharing one or more common walls with the principal building shall be considered part of the principal building for purposes of this chapter and must meet all yard requirements applied to the principal building.

(F) No detached accessory building shall be located closer than ten feet to any other building or mobile home.

(G) Accessory buildings or recreational structures or uses may be located in the rear yard, or may be located in the buildable area on the side of a structure, but the side yard shall not be encroached upon.

(H) No accessory building or recreational structure or use may extend within three feet of a lot line, nor within 20 feet of a street right-of-way line.

(I) Recreational uses and buildings accessory to apartment complexes shall be in accordance with § 153.062 of this code.

(J) Fences and walls are permitted as accessory uses provided that they comply with the following.

(1) For the purposes of this section, a fence is a barrier composed of wire, wood, metal, plastic or a similar material and a wall is a barrier composed of brick, stone, rock, concrete block or a similar masonry material.

(2) Fences may not exceed seven feet in height, except that in commercial and industrial districts a fence may not exceed ten feet in height. Fences greater than seven feet in height shall be of an open type similar to woven wire or wrought iron. Fences and walls may exceed the height requirements of this section if required or specifically authorized in another section of this chapter.

(3) Fences and walls are exempt from the setback requirements of this chapter.

(4) No fence or wall shall impede vision as regulated in § 153.015 of this code.

(5) Fences, if replaced, shall meet the requirements of this section.

(K) Satellite dish antennas (earth stations) are permitted as an accessory use or structure to any principal use or structure so long as they are not greater than 40 inches in diameter in any residential district or greater than 80 inches in diameter in any non-residential district. Satellite dish antennas that are greater than 40 inches in diameter in any residential district or greater than 80 inches in diameter in any non-residential district are permitted as an accessory use or structure provided that they comply with the following regulations. These standards shall not be interpreted or enforced in any manner contrary to federal or state law.

(1) General requirements.

(a) A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna.

(b) A dish antenna must be installed in compliance with the manufacturer’s specifications as a minimum.

(d) In commercial and industrial districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than 12 feet in diameter, shall not project higher than ten feet above the maximum building height of the zoning district or more than one-third the actual building height above the roof, whichever is less, shall be set back from the front and sides of the building at least 18 feet, and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck only if the location is at the rear or side of the building and all other requirements are met.

(e) A dish antenna may be attached to an accessory building which is permanently secured to the ground, but may not be attached to the principal building except as provided for in division (K)(1)(d) above.

(f) If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer or flat black. The paint must have a dull (nonglossy) finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface.

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

(2) Location in yards.

(a) A dish antenna shall be installed in the rear or side yard only, in all districts except as provided for in divisions (K)(1)(d) and (K)(2)(b) above.

(b) In commercial districts only, a dealer selling dish antennas may have a maximum of one antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in the front yard or side yard, his or her permissible sign area shall be reduced by one-half.

(3) Setback requirements.

(a) The minimum required setback for dish antennas from the side lot line shall be the same as for the principal building except on corner lots. On the side abutting the street, the minimum required setback shall be the side yard setback requirement plus ten feet.

(b) The minimum required setback for dish antennas from the rear lot line shall be 11 feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the antenna come closer than five feet to the property line.

(c) In districts where there are no side or rear yard requirements, a minimum setback of 11 feet from the side and rear lot lines shall be required of dish antennas, but in no case shall any part of the antenna come closer than five feet to the property line.

(d) In all cases, no dish antenna shall be located within 15 feet of any street right-of-way.

(4) Maximum height requirements.

(a) In all residential districts, the maximum height of dish antennas shall be 15 feet or the height of the principal building, whichever is less.

(b) In commercial and industrial districts, the maximum height of dish antennas installed on the ground shall be 20 feet. Dish antennas mounted on the roof of a building shall not project higher than ten feet above the maximum building height.

(L) In addition to complying with the requirements provided in this section, a person may place not more than one POD on an individual lot. Notwithstanding division (G) above, a POD may be placed in the driveway of the individual lot so long as it is not placed directly in front of the primary structure. Before placing a POD on an individual lot, the owner(s) of the property must apply for and receive a permit from the town authorizing the placement of the POD at that location. No more than one permit shall be issued per individual lot. The permit fee shall be $15. The permit shall authorize the placement of the POD for not more than 180 days. No permit shall be issued authorizing renewal beyond the 180-day period. Any POD not authorized by this section shall be a nonconforming use in violation of this chapter.

(M) Solar collection systems are permitted as an accessory use provided that they comply with the following regulations.

(1) No freestanding solar panels shall be permitted within the town.

(2) Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located. The panels shall not be located within three feet of any peak, eave or valley of the roof to maintain pathways of accessibility.

(3) Systems located on the roof shall provide design review and structural certification if the slope of the panel differs from the roof pitch. All panels on commercial roofs shall provide this information regardless of slopes, as well as any residential roof with greater than 50% coverage.

(4) The manufacturers’ or installers’ identification and appropriate warning sign shall be posted on or near the panels in a clearly visible manner.

(5) No solar collection system shall be installed until evidence has been given to the town’s Code Enforcement Office that the electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator, if applicable. Off-grid systems shall be exempt from this requirement.

(6) Any panels installed to be used by someone other than the owner of the property shall provide an affidavit or evidence of agreement between the lot owner and facility’s owner or operator confirming the facility owner or operator has permission of the property owner to install and utilize solar panels.

(7) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

(8) In addition to the requirements listed above, all panels must adhere to all local, state and federal requirements regulating solar collection systems.

(9) Solar collection systems shall not be used for displaying any advertising, except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.

(10) The design of solar collection systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(11) The following shall be met for decommissioning: solar collection systems which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

(Ord. 21- , passed - -2021)

§ 153.012 BUFFER STRIPS.

Whenever a buffer strip is required by this chapter, the strip shall meet the specifications of this section, unless different specifications are given in the section where the buffer strip is required.

(A) (1) A buffer strip shall consist of a planted strip which shall be a minimum of 25 feet in width, shall be composed of evergreen bushes, shrubs and/or trees so that at least two rows of coverage are provided from the ground to a height of six feet within six years and foliage overlaps.

(2) A buffer strip may also be constructed of stone, block, brick or other suitable building material, with a minimum height of five feet.

(3) The 25 feet required for the buffer strip shall be in addition to all normal yard requirements of this chapter.

(B) Buffer strips shall be required in the following situations, as well as in any others specified in other sections of this chapter: whenever a manufacturing, processing, retail, wholesale trade or warehousing use or public utility installation is established, a buffer strip shall be provided wherever the lot on which the use is established abuts or is across an easement or right-of-way from land zoned for residential use.

(C) All buffer strips shall become part of the lot on which they are located, or in the case of commonly owned land, shall belong to the homeowners or property owners association.

(D) The buffer strip shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner, or, if the property is rented, the lessee.

(E) (1) If a natural screen is already in place which will adequately fulfill the purpose of the buffer strip, the Zoning Administrator may, in writing, allow a substitution of all or part of this screen for the buffer strip.

(2) Written permission of the Zoning Administrator shall be obtained before removing an existing natural buffer in the location on the required buffer strip.

(F) Where, because of intense shade or soil conditions, a planting screen cannot be expected to thrive, the Zoning Administrator may, in writing, allow substitution of a well-maintained wooden fence or masonry wall at least six feet in height.

(G) Where it is clear that a smaller buffer will protect neighboring property from harmful effects, the Board of Adjustment may reduce the buffer to 15 feet and one row of trees.

(H) The Board of Adjustment may require a maintenance bond for the buffers, as a condition of approval.

(Ord. 21- , passed - -2021)

§ 153.013 NONCONFORMITIES.

A lawful preexisting use, structure or lot which does not meet the requirements of this chapter is called a nonconformity. Special provisions apply to nonconformities and these are listed in divisions (A) through (E) below. In lieu of the provisions in this section, nonconforming signs shall comply with the requirements in §§ 153.125 through 153.130 of this code and nonconforming mobile home parks shall comply with requirements in §§ 153.060 through 153.062 of this code.

(A) Existing nonconforming structures.

(1) The conforming use of a structure as explained in division (D) below, existing at the time of the adoption of this chapter, may be continued although the structure’s size on location does not conform with the yard, dimensional, height, parking, loading, access, lot area and lot coverage provisions of this chapter. These structures are called substandard structures.

(2) Substandard structures with conforming uses may be added to or enlarged provided that the enlargements comply with the yard, height, parking, loading, access and all other applicable requirements of this chapter for the district in which the structure is located.

(3) Substandard structures which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed in accordance with preexisting, nonconformities within one year of the disaster. The one-year period begins the day after the disaster. To qualify under this exception, a building permit must be applied for. Construction timing then reverts to applicable building permit requirements. If construction has not begun within the one-year time period, any subsequent construction shall comply with the yard, height, parking, loading, access and all other applicable provisions of this chapter for the district in which the structure is located unless the structure is situated on a substandard lot of record, in which case the provisions concerning substandard lots of record shall apply, or unless the incomplete nature of the damage would make it more feasible to rebuild on the same lot, in which case the Board of Adjustment is authorized to approve a variance to allow the reconstruction or replacement.

(4) A substandard structure may not be moved off the lot on which it is located unless when relocated it complies with the regulations for the district in which it is to be relocated.

(B) Existing nonconforming uses. The lawful nonconforming use of a structure, land or water existing at the time of adoption of this chapter may be continued except that:

(1) Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be enlarged or extended, nor may any additional structures be added to be occupied by the nonconforming use, except that existing cemeteries can expand to the boundaries of the property which they owned at the time they became nonconforming, provided that required setbacks are met;

(2) Normal maintenance, repair and incidental alteration of a building occupied by a nonconforming use is permitted provided it does not extend the nonconforming use. A structure occupied by a nonconforming use may be changed to make the structure more in character with the uses permitted in the district in which it is located;

(3) If the nonconforming use is damaged by fire, explosion, flood or other calamity to the extent of more than 75% of its current replacement value, it shall not be restored except so as to comply with the use provisions of this chapter, except that nonconforming single-family and two-family dwellings, and mobile homes, may be restored in accordance with the provisions of division (A)(3) above;

(4) If the nonconforming use is discontinued or terminated for a period of more than 180 days, any future use of the structure, land or water shall comply with the provisions of this chapter. However, upon application, the Board of Adjustment may grant an additional 90-day extension if the applicant can prove hardship;

(5) A nonconforming use may not be moved off the lot on which it is located unless when relocated it complies with the regulations for the district in which it is to be relocated;

(6) The Board of Adjustment may permit as a special use a change in nonconforming use provided that the requirements of divisions (B)(1) through (B)(5) above are met and the Board of Adjustment finds that the new use would be more in character with the uses permitted in the district than the previous use. In permitting the change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter; and

(7) Once a nonconforming use has been changed or altered so as to comply with the provisions of this chapter, it shall not revert back to a nonconforming use. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board. If the structure occupied by a nonconforming use is changed so as to be more in character with the uses permitted in the district in which it is located, it shall not subsequently be changed to be less in character.

(1) Where the owner of a lot at the time of adoption of this chapter or successor in title thereto does not own sufficient land to enable him or her to conform to the lot area or lot width requirements of this chapter, the lot may be used as a building site for a single-family residence in a district in which residences are permitted, provided that the lot width and lot area are not more than 20% below the minimum specified in this chapter, and further provided that the county’s Health Department approves the reduction if on-site water or wastewater facilities are involved. In cases where the lot area and lot width are more than 20% below the minimum specified in this chapter or other requirements cannot be met, the Board of Adjustment is authorized to approve as a variance the dimensions as shall conform as closely as possible to the required dimensions if the county’s Health Department submits a letter of approval if on-site water or wastewater facilities are involved. If the preexisting substandard lot is not in a district where single-family residences are permitted, the Board of Adjustment may issue a variance to allow some reasonable use.

(2) If two or more adjoining and vacant lots are in one ownership when this chapter is adopted, or at any time after the adoption of this chapter and the lots individually do not meet the minimum dimensional requirements of this chapter for the district in which the lots are located, then the group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the district in which located, and therefore, the provisions of division (C)(1) above do not apply. Further, if the lots are joined into one or more standard lots to meet the requirements of this chapter, the new lots must be recorded with the county’s Recorder of Deeds and cannot be subdivided in the future without appropriate application.

(D) Conforming uses and structures.

(1) Any use or structure existing prior to the effective date of this chapter which conforms to the regulations of this chapter for permitted uses and satisfies the dimensional requirements and any other applicable regulations of the district in which it is located, may be continued, provided any changes in use or structural or other changes shall comply with the provisions of this chapter.

(2) Any structure or use existing prior to the effective date of this chapter which would be permitted by this chapter as a special use in the district in which it is located, may be continued as if a special use permit had been applied for and issued, provided that any changes in use or structural or other changes shall comply with the provisions of this chapter.

(E) Effect of amendments. If subsequent amendments to this chapter or the official zoning map result in the creation of additional nonconformities or conformities, the nonconformities or conformities shall be governed by the provisions of this section unless otherwise stated in the amendment.

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.014 COMMERCIAL AND INDUSTRIAL COMPLEXES.

Office centers, institutional and industrial and similar complexes may have more than one principal building on a single lot provided that the following requirements are met.

(A) Uses in complexes shall be limited to those permitted within the zoning district in which the project is located.

(B) The overall intensity of land use shall be no higher, and the standard of open space no lower, than that permitted in the district in which the project is located.

(C) The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located or 50 feet, whichever is greater.

(D) The building heights shall not exceed the height limits permitted in the district in which the project is located.

(E) The building shall be located so as to provide access for emergency vehicles.

(F) The minimum spacing between buildings in a complex shall be in accordance with the yard requirements of the district in which the project is located.

(Ord. 21- , passed - -2021)

§ 153.015 LOTS ON WHICH PRINCIPAL BUILDINGS, STRUCTURES AND USES ARE ESTABLISHED MUST ABUT STREET.

(A) Except as provided in division (B) below, no principal building, structure or use may be erected or established on any lot which does not abut at least 20 feet on one of the following:

(1) A public street dedicated to and maintained by the town or the state’s Department of Transportation; or

(2) A street constructed to the standards of the town, or the state’s Department of Transportation, with a written agreement concerning maintenance of the street.

(B) The Board of Commissioners may authorize, as a conditional rezoning, the erection or establishment of a principal building, structure or use on a lot not meeting these requirements if it is clear that adequate provision for access for the type and intensity of use proposed has been or will be provided, and there are special circumstances, such as the rural nature of the lot and area, which make the application of these requirements to the proposed use infeasible or undesirable.

(Ord. 21- , passed - -2021)

§ 153.016 ZONING VESTED RIGHT.

(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, of a site specific development plan, following notice and public hearing.

(B) The approving authority may approve a site specific development plan upon the terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

(C) Notwithstanding divisions (A) and (B) above, approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(D) A site specific development plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.

(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this chapter.

(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise the right while applicable.

(Ord. 21- , passed - -2021)

§ 153.017 APPROVAL PROCEDURES AND APPROVAL AUTHORITY.

(A) Development approvals and determinations, as defined by G.S. § 160D-102, subject to this chapter are governed by G.S. § 160D-403. Development approvals attach to and run with the land as provided by G.S. § 160D-104.

(B) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established in this chapter for a conditional rezoning or special use permit, as applicable. The Board of Commissioners or Board of Adjustment, as applicable, shall be the final approval authority.

(C) If the use for which a vested right is sought would not normally be an allowable use under the code, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Board of Commissioners as a conditional zoning district and follow all procedures in the code for obtaining approval.

(D) In order for a zoning vested right to be established upon approval of a site specific development, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(E) Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation:

Approval of this plan establishes a zoning vested right under G.S. § 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until __________.

(F) Should the town choose to extend vested rights, they shall be vested for a period of more than two years, but not more than five years.

(G) Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that the reviews and approvals are not inconsistent with the original approval.

(H) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter. Revocation of any development approval authorized in this chapter shall be in accordance with G.S. § 160D-403(f).

(Ord. 21- , passed - -2021) Penalty, see § 153.999

§ 153.018 DURATION OF RIGHTS.

(A) (1) A zoning right that has been vested as provided in this section shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to division (B) below, except that a multi-phase development vests for the period of time provided by G.S. § 160D-108.

(2) This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(B) Notwithstanding the provisions of division (A) above, the approval authority may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles and market conditions. These determinations shall be in the sound discretion of the approval authority at the time the site specific development plan is approved.

(C) Upon issuance of a building permit, the expiration provision of G.S. § 160D-1111 and the revocation provisions of G.S. § 160D-1115 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(Ord. 21- , passed - -2021)

§ 153.019 TERMINATION OF RIGHTS.

A zoning right that has been vested as provided in this chapter shall terminate:

(A) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(B) With the written consent of the affected landowner;

(C) Upon findings by the Board of Commissioners, by ordinance after notice and a public hearing, that natural or human-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site specific development plan;

(D) Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant’s fees incurred after approval by the town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by that action;

(E) Upon findings by the Zoning Administrator or Board of Commissioners, as appropriate, after notice and a hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or

(F) Upon the enactment of promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which cases the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.

(Ord. 21- , passed - -2021)

§ 153.020 VOLUNTARY ANNEXATION.

(A) A petition for annexation filed with the town under G.S. § 160A-31 or G.S. § 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. § 160D-108.

(B) A statement that declares that no zoning vested right has been established under G.S. § 160D-108, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any zoning vested right shall be terminated.

(Ord. 21- , passed - -2021)

§ 153.021 LIMITATIONS.

(A) Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 160D-108.

(B) If G.S. § 160D-108 is repealed, this section shall be deemed repealed and the provisions hereof no longer effective.

(Ord. 21- , passed - -2021)

§ 153.022 LEGAL STATUS PROVISIONS.

(A) Interpretation and application; severability.

(1) In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare.

(2) Wherever the requirements of lawfully adopted rules, regulations, ordinances, deed restrictions or covenants are at variance with the requirements of this chapter, the most restrictive, or that imposing the highest standards, shall govern.

(3) This chapter and the various parts, sections, divisions and clauses hereof are hereby declared to be severable.

(4) If any part, sentence, paragraph, division or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby.

(5) If any part, sentence, paragraph, division, section or clause is adjudged unconstitutional or invalid as applied to a particular property, buildings or structures the remainder of this chapter shall not be affected hereby.

(6) Whenever any condition or limitation is included in an order authorizing a zoning permit, special use permit, variance, certificate of zoning compliance, certificate of occupancy or site plan approval, it shall be conclusively presumed that the authorizing officer or body considered the condition or limitation necessary to carry out the spirit and purpose of this chapter, of the requirements of some provisions hereof, and to protect the public health, safety and welfare, and that the officer or Board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(B) Statute of limitations. In accordance with G.S. § 160D-1405, a cause of action as to the validity of this chapter, or amendment thereto, shall accrue upon the adoption of this chapter or amendment thereto, and shall be brought within nine months as provided in G.S. § 1-54.1.

(Ord. 21- , passed - -2021)

§ 153.023 CONFLICTS OF INTEREST; MEETING MINUTES; OATH OF OFFICE.

(A) Conflicts of interest. No employee or official of the town, including but not limited to any member of the Board of Commissioners, Board of Adjustment, Planning Board and the Zoning Administrator, may participate in, deliberate over, make a recommendation or final decision or vote on any development regulation in violation of the conflict of interest provisions contained in G.S. § 160D-109.

(B) Meeting minutes. The Board of Commissioners, Planning Board, Board of Adjustment and any other appointed board or committee shall keep meeting minutes as provided by G.S. § 160D-308.

(C) Oath of office. Each member of the Board of Commissioners, Planning Board, Board of Adjustment and any other appointed board or committee shall take an oath of office before starting his or her duties as provided by G.S. § 160D-309.