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Murphy City Zoning Code

DISTRICT REGULATIONS

§ 153.020 USE DISTRICTS.

   (A)   For the purpose of this chapter, the Town of Murphy, North Carolina, is hereby divided into the following use districts:
      (1)   R-1 Medium Density Residential District;
      (2)   R-2 High Density Residential District;
      (3)   G-B General Business District;
      (4)   H-B Highway Business District;
      (5)   I-H-C Industrial and Heavy Commercial District;
      (6)   F-W Floodway District; and
      (7)   A-T Agricultural Transition.
   (B)   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following shall apply:
      (1)   Boundaries indicated as approximately following the center lines of streets, highways, railroad rights-of-way, alleys, streams, rivers or other bodies of water, shall be construed to follow such lines.
      (2)   Boundaries indicated as approximately following lot lines shall be construed as following those lot lines.
      (3)   Boundaries indicated as approximately following town limit lines shall be construed as following those town limit lines.
      (4)   Where district boundaries are indicated to be approximately parallel to the center lines of streets, highways or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.
      (5)   Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such lot more than 35 feet beyond the district boundary lines.
      (6)   Where physical features existing on the ground differ from those shown on the official zoning map, or in other circumstances are not covered by § 153.020 (B)(1) through (5), the Board of Adjustment shall interpret the district boundaries.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.021 R-1 MEDIUM DENSITY RESIDENTIAL DISTRICT.

   This district is established as a district in which the principal use of land is for single-family residences. Within the R-1 Medium Density Residential District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)    Permitted uses:
      (1)   Single-family dwellings, including custom-built and modular homes.
      (2)   Customary home occupations, provided:
         (a)   The home occupation shall be carried on by the occupants of the dwelling and shall be clearly incidental and secondary to the residential use;
         (b)   The occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the total floor space of the dwelling;
         (c)   There shall be no display, outside storage, change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than signs consistent with §153.060(A);
         (d)   No more than two persons not in residence on the premises shall be employed in connection with the home occupation;
         (e)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; and
         (f)   No equipment or process shall be used in conjunction with the home occupation which increases noise, vibration, glare, fumes, odors or interferes with normal activities off the lot, including visual or audible interference in any radio or television receivers or fluctuations in line voltage off the premises.
      (3)   Churches and cemeteries;
      (4)   Public and private schools, not including trade schools;
      (5)   Government and other public uses;
      (6)   Parks, playgrounds, golf courses, swimming pools and community centers;
      (7)   Day nurseries and kindergartens, provided the use shall be accompanied by an outdoor play area of at least 100 square feet for each child;
      (8)   Farms and related agricultural uses, except for the keeping of livestock;
      (9)   Temporary use structures, consistent with the provisions set forth in § 153.030; and
      (10)   Customary accessory building, consistent with the provisions set forth in § 153.029.
   (B)   Special uses:
      (1)   Public utility buildings and facilities.
      (2)   Group developments.
   (C)   Use restrictions:
      (1)   Off-street parking and loading space shall be provided as required in §§ 153.045 through 153.048.
      (2)   Sign restrictions as required in §§ 153.060 through 153.062.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.022 R-2 HIGH DENSITY RESIDENTIAL DISTRICTS.

    This district is established as a district in which a variety of residential uses exist. Within the R-2 High Density Residential District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)   Permitted uses:
      (1)   All uses permitted in the R-1 District;
      (2)   Multi-family dwellings;
      (3)   Manufactured homes, provided the manufactured home shall be placed on a permanent, enclosed foundation with the wheels and pulling tongue removed;
      (4)   Rooming and boarding houses and bed and breakfast inns; and
      (5)   Residential apartments as a secondary use.
   (B)   Special uses:
      (1)   Manufactured home parks;
      (2)   Group developments; and
      (3)   Manufactured home placed on an existing residential lot.
   (C)   Use restrictions:
      (1)   Off-street parking and loading space shall be provided as required in §§ 153.045 through 153.048; and
      (2)   Sign restrictions as required in §§ 153.060 through 153.062.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.023 G-B GENERAL BUSINESS DISTRICT.

    This district is designed to provide a concentrated central core of retailing and services including administrative, business, financial, general and professional offices and related services. The district regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging continuous retail frontage in a concentrated area. Within the G-B General Business District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)   Permitted uses:
      (1)   Retail businesses or services conducted within an enclosed building, provided such uses are consistent with an applicable federal, state or local laws or regulations. Permitted businesses and services shall include financial institutions; small repair and sales shops such as for watches, bicycles, shoes, etc.; mortuaries and funeral parlors; laundries and dry cleaners; barber and beauty shops; hardware stores; clothing and department stores; convenience stores; indoor food preparation and sales including restaurants and health food stores; automobile parking lots, service stations for fuel and routine maintenance (with outdoor service areas); flower, gift and garden shops; pet shops; indoor theaters and places of entertainment excluding game rooms, pool halls and billiard parlors;
      (2)   Public transportation facilities for buses and taxicabs;
      (3)   Hospitals and clinics, except those for animals;
      (4)   Small retail manufacturing businesses, provided such use is consistent with all applicable federal, state or local laws or regulations. Permitted businesses making products shall include print shops and arts and crafts shops having motor-driven tools not to exceed two horsepower;
      (5)   Professional offices or studios, including those of accountants, architects, land surveyors, artists, attorneys, contractors, dentists, engineers, insurance agents, musicians, photographers, physicians, real estate brokers, consultants, medical laboratories and opticians;
      (6)   Government and public utility facilities;
      (7)   Non-profit organizations including offices, meeting halls, lodges, museums;
      (8)   Churches;
      (9)   Hotels and motels, provided such uses abide by the off-street parking requirements specified in §§ 153.045 through 153.048;
      (10)   Rooming and boarding houses and bed and breakfast inns, provided such uses abide by the off-street parking requirements specified in §§ 153.045 through 153.048;
      (11)   Trade schools and similar instructional or educational facilities;
      (12)   Customary accessory buildings, consistent with the requirements set forth in § 153.029;
      (13)   Temporary use structures, consistent with the requirements set forth in § 153.020; and
      (14)   Residential apartments as a secondary use.
      (15)   An outdoor kitchen, owned or leased by the owner of a business located in a permanent building, to provide customers with dining options to be served inside the permanent building and which outdoor kitchen is not accessible to pedestrians.
   (B)   Special uses:
      (1)   Group developments; and
      (2)   Manufactured home placed on an existing residential lot.
   (C)   Use restrictions:
      (1)   Sign restrictions as required in §§ 153.060 through 153.062;
      (2)   Buffer strips as required in § 153.028;
      (3)   Vending machines, other than those for newspapers, shall not be allowed on public sidewalks;
      (4)   No sidewalk vendor shall display and/or sell goods, wares, or merchandise of any kind on that portion of a sidewalk adjacent to a building occupied by a seller who displays and/or sells the same kind or nature of goods, wares, and/or merchandise. (For example, no sidewalk vendor shall display and/or sell jewelry on that portion of a sidewalk adjacent to a building occupied by a seller who displays and/or sells jewelry; no sidewalk vendor shall display and/or sell wood carvings on that portion of a sidewalk adjacent to a building occupied by a seller who displays and/or sells wood carvings; etc.); and
      (5)   Tattoo parlors, other tattoo businesses and body piercing businesses (except ear piercing which is permitted) are prohibited in the G-B District.
(Ord. passed 4-1993; Am. Ord. passed 4-2-2018; Am. Ord. passed 6-7-2021; Am. Ord. passed 4-7-2025)

§ 153.024 H-B HIGHWAY BUSINESS DISTRICT.

    The purpose of this district is to provide for commercial activity along major thoroughfares and at other convenient points in the area. Regulations are designed to preserve the traffic carrying capacity of the streets and thoroughfares and to provide sufficient off-street parking. It is not the intent of this district to encourage extensive strip commercial development, but to provide concentrations of general commercial activities. Within the G-B General Business District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)    Permitted uses:
      (1)   All uses permitted in the G-B and R-2 Districts;
      (2)   Retail businesses or services with outdoor sales and service areas allowed consistent with § 153.021 and provided such uses are consistent with all applicable federal, state or local laws or regulations. Permitted businesses and services shall include animal kennels, except for open kennels; automobile sales, parts, body, paint, tire recapping and washing establishments (not including automobile salvage yards); construction supply, service and equipment sales; storage and warehousing; farm equipment sales and repair; greenhouses and agricultural supply centers; general repair shops; manufactured housing sales; fitness centers; outdoor theaters; transportation terminals; and, monument sales;
      (3)   Hospitals and clinics, including those for animals, and nursing, convalescent and group care facilities;
      (4)   Businesses making or manufacturing products sold at wholesale or retail, provided such use is consistent with all applicable federal, state or local laws or regulations. Permitted businesses making products shall include food manufacturing and distribution; bottling plants; small fabricating shops such as those for woodworking, sheet metal and upholstery;
      (5)   Professional offices or studios, including those of radio and television stations;
      (6)   Bowling alleys, miniature golf or other recreational uses conducted for profit excluding game rooms, pool halls and billiard parlors (amended May 3, 2004);
      (7)   Customary accessory buildings, consistent with the provisions set forth in § 153.029; and
      (8)   Wholesale and warehousing establishments except for the storage of dangerous or offensive items such as uncured animal hides, explosives, oil, gasoline, etc.
   (B)   Special uses:
      (1)   Group developments;
      (2)   Manufactured home parks; and
      (3)   Manufactured home placed on an existing residential lot.
   (C)   Use restrictions:
      (1)   Off-street parking and loading space shall be provided as required in §§ 153.045 through 153.048;
      (2)   Sign restrictions as required in §§ 153.060 through 153.062;
      (3)   Buffer strips as required in § 153.028; and
      (4)   Travel trailers and/or recreational vehicles may be used as a temporary single family dwelling on an individual lot. However, in no case shall a travel trailer or recreational vehicle be used as a permanent single family dwelling or in conjunction with a primary residence on an individual lot.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.025 I-H-C INDUSTRIAL AND HEAVY COMMERCIAL DISTRICT.

    The I-H-C District is intended to provide sites for retail and wholesale, heavy commercial, manufacturing and industrial uses. These uses are, by their nature, not properly associated with residential or lighter commercial districts. Only those uses which meet all applicable local, state and federal environmental standards and which do not create injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazards or other objectionable conditions which would be detrimental to the public health, safety and general welfare of the community will be allowed in the I-H-C District. Certain light commercial uses necessary to support industrial or heavy commercial uses (such as restaurants) shall also be permitted in this district. Within the I-H-C General Business District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)   Permitted uses:
      (1)   All uses permitted in the H-B District;
      (2)   Businesses and industries manufacturing products sold at wholesale or retail, provided such use is consistent with all applicable federal, state or local laws or regulations. Permitted businesses and industries making products shall include textile industries, furniture industries, electronics industries, electrical appliance manufacturing, machine tools manufacturing, pharmaceutical manufacturing, and fabrication plants;
      (3)   Retail and wholesale businesses or services provided such uses are consistent with all applicable federal, state or local laws or regulations.
      (4)   Permitted businesses and services include industrial supply and repair establishments; establishments storing oil, fuel oil, kerosene and gasoline; farms and related agricultural uses; outdoor kennels; welding and machine shops; dairies; monument works; and
      (5)   Communication transmission and reception facilities such as antennae or masts.
   (B)   Special uses:
      (1)   Group developments; and
      (2)   Manufactured homes placed on an existing residential lot.
   (C)   Use restrictions:
      (1)   Off-street parking and loading space shall be provided as required in §§ 153.045 through 153.048;
      (2)   Sign restrictions as required in §§ 153.060 through 153.062;
      (3)   Buffer strips as required in § 153.028;
      (4)   Consistent with § 153.025(A)(2), uses shall be permitted provided they do not create injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazards or other objectionable conditions which would be detrimental to the public health, safety and general welfare of the community;
      (5)   Travel trailers and/or recreational vehicles may be used as a temporary single family dwelling on an individual lot. However, in no case shall a travel trailer or recreational vehicle be used as a permanent single family dwelling or in conjunction with a primary residence on an individual lot; and
      (6)   Game rooms, pool halls and billiard parlors are prohibited in the I-H-C District (amended May 3, 2004).
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.026 F-W FLOODWAY DISTRICT.

    The F-W Floodway District is intended to allow development that minimizes the impact of floods on human safety, health and welfare. Within the F-W Floodway District no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
   (A)   Permitted uses.
      (1)   All agricultural uses not requiring structures;
      (2)   Railroads, streets and bridges;
      (3)   Storage yards, consistent with § 153.031; and
      (4)   Public and commercial recreation.
   (B)   Special uses. There are no special uses permitted within this district.
   (C)   Use restrictions. All uses permitted within the Floodway District shall first obtain a permit under the National Flood Insurance Program prior to the issuance of a Zoning Certificate.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.027 A-T AGRICULTURAL TRANSITION DISTRICT.

   Permitted uses:
   (A)   All uses permitted in the R-1, R-2, or G-B Districts; and
   (B)   Any agricultural use.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.028 BUFFER STRIPS.

   (A)    A continuous buffer strip (or visual buffer) shall be provided and maintained (by the created use) in all cases where a non-residential use is created and abuts a lot in an R-1 or R-2 Residential District and where otherwise required by terms of this chapter.
   (B)   A buffer strip shall consist of an area at least ten feet wide in which is planted evergreen trees spaced not less than ten feet part, or evergreen shrubs spaced not less than five feet apart, which at maturity shall be not less than 12 feet in height. The buffer strip shall be planted and maintained in a healthy growing condition by the property owner who, under the terms of this chapter, is required to provide the buffer strip.
   (C)   In the case of a temporary use structure pursuant to § 153.030, the buffer strip shall also include a wooden fence that screens the temporary use structure from any occupied lot in an R-1 or R-2 Residential District.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.029 ACCESSORY USE STRUCTURES.

    An accessory use structure which use is incidental and subordinate to the principal use or building and located on the same lot with the principal use or building may be permitted provided:
   (A)   The structure shall be located in the rear yard of the principal use or building;
   (B)   The structure shall maintain a minimum setback of five feet from rear lot lines and shall observe setback requirements from all other lot lines as required in § 153.032;
   (C)   Where an accessory structure is situated on a corner lot it shall not extend beyond the front yard line required for abutting property on the side street;
   (D)   In the R-1 and the R-2 Residential Districts, accessory use structures shall only include garages and non-commercial structures such as workshops and greenhouses, provided any greenhouse heating plant is not located within 25 feet of any lot line.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.030 TEMPORARY USE STRUCTURES.

   (A)   Temporary non-residential structures such as real estate and construction field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator through the issuance of a temporary Certificate of Compliance consistent with § 153.007(F).
   (B)   Temporary use structures shall be located on the same lot or tract of land being used or developed for a directly related permanent use.
   (C)   Off-street parking and loading requirements shall be required consistent with §§ 153.045 through 153.048.
   (D)   A buffer strip shall be required consistent with § 153.028(C).
   (E)   Temporary use structures shall comply with height and yard requirements set forth in § 153.032.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.031 OPEN STORAGE.

    All salvaged, discarded, junked or similar material awaiting salvage, recycling or disposal shall not be placed in open storage except for small incidental amounts of refuse generated on site and secured in appropriate containers by the permitted use;
   (B)   That all material placed in the yard shall be secured and prevented from being moved by the elements out of the yard; and
   (C)   That all materials shall be stored within a chain-link or similar fence and, where required, provided with a buffer strip consistent with § 153.028.
(Ord. passed 4-1993)

§ 153.032 DIMENSIONAL REQUIREMENTS.

   (A)   No building and no portable building shall hereafter be erected, installed, placed or altered so as to exceed the dimensional or area requirements as shown in Table I.
   (B)   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 width or depth, front, side or rear yards, lot area per dwelling unit, or 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.
   (C)   No yard, open space, off-street parking or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as a part of a yard, open space, off-street parking or loading space similarly required for any other building or use.
   (D)   In the event that a lot abuts a street at both the front and rear of the lot, the owner shall be required to specify the front of the lot when requesting a Zoning Certificate.
   (E)   The front yard setback requirements for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback may be less than the required setback, but not less than the average of the setback of the aforementioned existing buildings.
   (F)   The height limitations indicated in Table I shall not apply to 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, television towers, masts, aerials and similar structures.
   (G)   Where a side yard abuts a street, said side yard requirements shall be the same as the front yard requirements for abutting property on the side street. In no case, however, shall the side yard requirements be less than those specified in Table I.
   (H)   Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as follows:
      (1)   The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves, provided, however, that none of the above shall project into a minimum side yard more than 24 inches;
      (2)   Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard not more than three and one-half feet, and the ordinary projections of chimneys and flues may be permitted by the Zoning Administrator where they are so placed as not to obstruct light and ventilation.
   (I)   Street and highway rights-of-way shall not constitute a part of a lot or any required yard or open space.
   (J)   Table I: Dimensional requirements:
District
Min. lot area in square feet
Lot area per dwelling unit in square feet
Min. lot width at building line in feet
Min. yard requirements in feet
Max. height in feet
Front
Side
Rear
District
Min. lot area in square feet
Lot area per dwelling unit in square feet
Min. lot width at building line in feet
Min. yard requirements in feet
Max. height in feet
Front
Side
Rear
R-1 Medium Density Residential
10,000
10,000
70
25
101
30
50
R-2 High Density Residential
8,000
8,000 for first unit, 6,000 each additional dwelling unit
70
25
82
30
50
G-B General Business
None
Not applicable
20
None
None3
None4
50
H-B Highway Business:

Non-residential uses
Residential uses
 
 
Same as NC State Building Code as administered by Cherokee County Building Instructor
 
10,000
Not applicable
80
50
8,000
8,000 for first unit, 6,000 for each additional unit
70
50
I-H-C Industrial and Heavy Commercial:

Non-residential uses
Residential uses
 
 
Same as NC State Building Code as administered by Cherokee County Building Instructor
 
40,000
Not applicable
100
50
8,000
8,000 for first unit, 6,000 for each additional dwelling unit
70
50
F-W Floodway
N/A
Not applicable
N/A
N/A
N/A
N/A
N/A
1   Side yard requirements for corner lots shall be increased to 20 feet along the side street.
2   Side yard requirements for corner lots shall be increased to 16 feet along the side street.
3   Side yards are not required in the G-B district. If such a yard is provided, it must be a minimum of four feet (to allow for cleaning and access). Common wall construction is permitted in the G-B district. On all corner lots in this district, a ten foot setback from the side street line is required.
4   Rear yards are not required in the G-B district except in those cases where the G-B district abuts an established residential district. In such cases, the rear yard requirement shall be a minimum of ten feet.
 
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021; Am. Ord. passed 6-3-2024)

§ 153.033 GENERAL REQUIREMENTS.

   (A)    Every building hereafter erected, moved or structurally altered shall be located on a lot, and except for situations approved as a special use under §§ 153.075 through 153.080, in no case shall there be more than one principal building or structure and its customary accessory buildings on the lot, except in the case of manufactured home parks and group developments allowed as a special use.
   (B)   No building shall hereafter be erected on a lot which does not abut a publicly dedicated, publicly approved or publicly maintained street for a distance of at least 35 feet.
   (C)   Sight distances at intersections must meet the standards for secondary roads established by the North Carolina Department of transportation. On corner lots, no planning, structure, sign, fence, wall or other obstruction shall be erected so as to interfere with the sight distance.
   (D)   Vacant lots and open spaces located adjacent to major thoroughfares shall be maintained. Vegetation shall be neatly trimmed, and the accumulation of unsightly debris shall be prohibited.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)