Mount Holly City Zoning Code
CHAPTER 4
ESTABLISHMENT OF ZONING DISTRICTS
§ 4.1 ZONING DISTRICTS ESTABLISHED; PURPOSE SET FORTH.
For the purpose of this ordinance, the City of Mount Holly, North Carolina, is hereby divided into the following use districts.
(A) RA, Rural Agricultural District. The purpose is to establish a district for the purpose of maintaining agricultural and residential uses of the land and provide for a gradual transition into office or light industrial uses by way of case-by-case rezoning; while discouraging residential subdivisions and commercial land use which would be incompatible with future office and light industrial developments. Also, reasonable safeguards for the protection of existing residential uses will be employed. This district is particularly well-suited to accommodate industrial growth from the aspects of the transportation network, efficient use of public services and facilities, land form, general compatibility of use and other pertinent considerations.
(B) R-20SF, Single-Family Residential. The purpose is to establish a district to ensure that the principal land use of the land is for low-density residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to provide a healthful environment. The minimum lot size established for this district, however, does not guarantee sufficient space for on-site water and/or sewer systems. In establishing this district, it is intended that as public water and sewer are provided to property within the district that the property, on a case-by-case basis, can be considered for more intensive land use.
(C) R-12SF, Single-Family Residential District. The purpose is to establish a district in which the principal use of land is for single-family residential purposes. The regulations of this district are intended to provide areas for those persons desiring smaller residences and to discourage any use which would substantially interfere with the quiet residential nature of this district. It is expected that municipal water and sewer facilities will be available to each lot in such districts.
(D) R-10SF, Single-Family Residential District. The purpose is to establish a district in which the principal use of land is for single-family residential purposes. The regulations of this district are intended to provide areas for those persons desiring smaller residences and to discourage any use which would substantially interfere with the quiet residential nature of this district. It is expected that municipal water and sewer facilities will be available to each lot in such districts.
(E) R-8SF, Single-Family Residential District. The purpose is to establish a district in which the principal use of land is for single-family residential purposes. The regulations of this district are intended to provide areas in the community for those persons desiring small residences in medium density neighborhoods. The regulations are intended to prohibit any use which because of its character, would interfere with the quiet residential nature of this district. It is expected that municipal water and sewer facilities will be available to each lot in such districts.
(F) R-8MF, Multi-Family Residential District. The purpose is to establish a district in which the primary use of land is for single-family, two-family and multi-family residences. The regulations of this district are intended to provide areas in the community for those persons desiring small residences and multi-family structures in relatively high-density neighborhoods. The regulations are intended to prohibit any use which because of its character, would interfere with the residential nature of this district. It is expected that municipal water and sewer facilities will be available to each lot in such districts.
(G) O&I, Office and Institutional District. The purpose is to establish and preserve areas for employment activities and services to the public which do not materially detract from nearby residential uses.
(H) B-1, Central Business District. The purpose is to establish a district for the central shopping area of the City of Mount Holly and its commercial trade area. The regulations of this district are designed to encourage the continued use of land for community trade and commercial service uses and to promote a concentrated development of permitted uses while maintaining a substantial relationship.
(I) B-2, Neighborhood Business District. The purpose is to establish a district for the use of those businesses which are properly and necessarily located near residential areas and which cater to the everyday needs of residential neighborhoods.
(J) B-3, General Business District. The purpose is to establish a district for those businesses and services which generally serve a wider area than neighborhood businesses, but do not necessarily require location in the central business district. Because these commercial uses are important to the economy of the community and subject to higher vehicular use, they should have ample parking, controlled traffic movement and suitable site design.
(K) L-I, Light Industrial District. The purpose is to establish and preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses and to make provisions for certain kinds of commercial uses which are most appropriately located as neighbors of industrial use which are necessary to service the immediate needs of people in these areas.
(L) H-I, Heavy Industrial District. The purpose is to establish and preserve areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses and to make provisions for commercial uses which are necessary to service the immediate needs of people in these areas.
(M) MHMU, Mount Holly Mixed-Use District. The purpose is to establish a mixed-use zoning district for Mount Holly which allows residential, recreational, civic, business and retail uses in a unified development plan. The regulations for this district produce a development which provides easy access for the community to reach employment locations, public and/or private schools and necessity retail and services. The Mount Holly Mixed-Use Zoning District shall meet the design requirements of the Design Regulations in § 5.18(C) of the Mount Holly Zoning Ordinance.
(N) RD, Residential Downtown. The purpose is to establish a residential zoning district for the City of Mount Holly’s downtown area that promotes increasing the residential density to support the Central Business District retail and office development and incorporates the design guidelines of the Downtown Development Manual of 2005.
(Ord. passed 5-13-1996)
§ 4.2 OVERLAY DISTRICTS ESTABLISHED.
(A) Watershed Overlay District.
(1) The zoning districts established in § 4.1 of this chapter may also be zoned in one or more overlay districts as designed herein and as shown on the Official Zoning Map. In such a case, the land is subject to not only the requirements of the underlying zoning district, but also the additional requirements of the overlay district.
(2) The purpose is to provide for the protection of the Lake Wylie and Mountain Island Lake Water Supplies consistent with the WS-IV Critical Area and the WS-IV Protected Area Watershed Management Rules as adopted by the North Carolina Environmental Management Commission. Watershed Overlay Districts may overlay any other zoning district. The districts are:
(a) LWWS-CA, Lake Wylie Watershed Critical Overlay District;
(b) LWWS-PA, Lake Wylie Watershed Protected Overlay District;
(c) MILWS-CA, Mountain Island Lake Watershed Critical Overlay District; and
(d) MILWS-PA, Mountain Island Lake Watershed Protected Overlay District.
(B) Manufactured Home Overlay District. The purpose is to provide for locations suitable for the development of both manufactured home parks and manufactured homes on individual lots. The Manufactured Home Overly District shall only overlay residential districts. The districts are:
(1) MHA, Manufactured Home Overlay District; and
(2) MHP, Manufactured Home Park Overlay District.
(C) AOB, Adult Oriented Business Overlay District. The purpose of this overlay district is to provide areas in which adult entertainment or sexually oriented businesses may be established. Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics upon adjacent neighborhoods and residential or institutional uses. It has been demonstrated that the establishment of adult businesses often creates problems for law enforcement agencies, by the very nature of these businesses and the difficulty often experienced in trying to determine if the operations are of a legal nature. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to a de facto downgrading or blighting of surrounding neighborhoods and uses. It is the intent of this overlay district to restrict the concentration of these uses and to separate these uses from residential and institutional uses or areas. The AOB Overlay District shall only be permitted to overlay the B-3 or CU-B-3 General Business Districts.
(D) HD, Historic Overlay District. The HD Historic Overlay District establishes regulations which will help maintain the historic integrity of certain areas within the city.
(E) South Gateway Overlay District.
(1) Purpose. The purpose is to establish more restrictive requirements for permitted uses in the South Gateway Overlay District near I-85, including design regulations for commercial structures. The land in the overlay is subject to not only the requirements of the underlying zoning district, but also the additional requirements of the overlay district.
(2) B-3 General Business. The land in the overlay is identified in the gateway to require greater standards for setbacks with the proximity of the Highway 273 Corridor, which vary from the same zoning district in outside of the overlay district.
(F) Downtown Gateway Overlay District.
(1) Purpose. On 4-13-2009, City Council established the Downtown Gateway Overlay District, with the base zoning of B-1 Central Business District. The Manual for Development for Downtown Mount Holly, an adopted appendix to the Zoning Ordinance, shall serve as the governing document for the Downtown Gateway Overlay District.
(2) Amendment. Additionally, on 8-12-2013, City Council approved the following text amendment to the Manual for Development in Downtown Mount Holly: medical facilities greater than 25,000 square feet in size are exempt from the design regulations for new commercial buildings found in § 5 of the Manual for Development in Downtown Mount Holly. However, no use shall be exempt from the parking, landscaping, building material and connectivity requirements found in the manual and the corresponding sections of the zoning ordinance.
(Ord. passed 5-13-1996)
§ 4.3 CONDITIONAL DISTRICT.
(A) Purpose. The purpose is to establish a legislative process, in which site plans and individualized development conditions are imposed. It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions.
(B) Consideration. Where the applicant for rezoning desires property to be rezoned to such a district in such situations, the conditional district is a means by which such individualized development conditions can be imposed in the furtherance of the purpose of this ordinance. The conditional district classification will be considered only upon request of all applicant property owners for rezoning. If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this ordinance that the authorization of such conditional district shall be null and void and of no effect and that proceedings be instituted to rezone the property to its previous zoning classification. See § 14.5 for further guidelines on conditional district. Authority is found in G.S. § 160D-703(b).
(Ord. passed 5-13-1996)
§ 4.4 DISTRICT BOUNDARIES SHOWN ON ZONING MAP.
The boundaries of the districts are shown on the map accompanying this ordinance and made part hereof entitled, “Official Zoning Map, Mount Holly, North Carolina”. The Zoning Map and all the notations, references and amendments thereto and other information shown thereon are hereby made a part of this ordinance the same as if such information set forth on the map were all fully described as set out herein. The Zoning Map properly attested is posted at the Mount Holly Municipal Complex in the Department of Planning and Zoning and is available for inspection by the public.
(Ord. passed 5-13-1996)
§ 4.5 DUE CONSIDERATION GIVEN TO DISTRICT BOUNDARIES.
In the creation, by this ordinance, of the respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular uses and regulations applied thereto, and the necessary and proper grouping and arrangement of various uses and densities of population in accordance with a well-considered comprehensive plan for the physical development of the city.
(Ord. passed 5-13-1996)
§ 4.6 RULES GOVERNING INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply.
(A) Where such district boundaries are indicated as approximately following street, alley or highway lines, such lines shall be construed to such boundaries.
(B) Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to said boundaries.
(C) Where district boundaries are so indicated that they are approximately parallel to the centerline of streets, alleys or highways, or the rights-of-way of the same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map.
(D) Where district boundaries are indicated as following topographic contours, drainage divides or specific measured distances such features shall be construed to such boundaries.
(E) Except for Watershed Overlay District boundaries, where an underlying use district boundary line divides a lot or tract in a single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof; provided, such extensions shall not include any part of a lot or tract more than 35 feet beyond the district boundary line. The term “least restricted” shall refer to use restrictions, not lot or tract size.
(Ord. passed 5-13-1996)
§ 4.7 INTERPRETING PERMITTED USES.
(A) The listings of permitted uses in the various districts in this ordinance are considered to be specific in regard to the types of uses intended for each of the various districts. In interpreting proposed uses, the Zoning Enforcement Officer shall refer to the National American Industry Classification System (NAICS) Codes Manual as a guide. When a proposed use is not specifically listed in the Table of Permitted Uses, the Zoning Enforcement Officer shall use the NAICS Manual to determine if the use is the same as, or manifestly similar to, a listed use in form and function. If the Zoning Enforcement Officer finds that the proposed use is the same as, or manifestly similar to, a listed use, he or she shall classify the proposed use a listed use. The Zoning Enforcement Officer shall maintain a written record of such interpretations.
(B) Any person who is aggrieved by any such interpretation by the Zoning Enforcement Officer may appeal such interpretation to the Board of Adjustment as provided for in Ch. 12 of this ordinance.
(Ord. passed 5-13-1996)