Murphy City Zoning Code

CONDITIONAL USES

§ 153.075 GENERAL APPLICABILITY.

A Special Use Permit shall be required for each of the following uses:

(A) Group developments, § 153.077.

(B) Manufactured home parks, § 153.078.

(D) Manufactured home placed on an existing residential lot, § 153.080.

(E) Medical facilities, § 153.082.

(F) Video game business.

(G) Homeless shelters, § 153.084.

(Ord. passed 4-1993; Am. Ord. passed 1-4-2021; Am. Ord. passed 6-7-2021; Am. Ord. passed 10-4-2021; Am. Ord. passed 3-6-2023)

§ 153.076 PROCEDURES.

(A) Applications. All applications for a special use permit shall accompany or precede the application for a zoning certificate or a certificate of compliance, and shall be addressed and submitted to the Zoning Board of Adjustment through the office of the Zoning Administrator. Application for a special use permit may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a special use permit as is authorized by the easement. Approval of a special use permit runs with the land. Applications for a special use permit shall be made on the proper form obtainable from the Zoning Administrator and shall include the following information:

(1) A site plan, drawn to a scale of at least one inch to 40 feet (1 inch = 40 feet), indicating the property lines of the parcel upon which the use is proposed; the identity of neighboring properties; any adjacent streets, designated as public or private; any existing or proposed structures, rights-of-way and property lines; parking areas showing the number and arrangement of parking spaces and driveway entrances; utilities; surface water drainage; and significant natural features, such as wooded areas, streams or ponds. The site plan shall be neatly drawn and indicate a north point, name and address of the person who prepared the plan, date of the original drawing and an accurate record of any later revisions.

(2) A floor plan indicating the dimensions of the building, gross floor space and any other applicable information.

(3) A complete and detailed description of the proposed use, together with any other pertinent information which the applicant feels would be helpful to the Zoning Board of Adjustment in considering the application.

(4) A plan showing the size, type and location of all signs.

(B) Waiver. Some of these requirements may be waived, such as for changes of use in existing buildings involving no expansions in building or parking areas and the like.

(C) Hearing and voting. Upon receipt of an application for a special use permit, the Zoning Board of Adjustment shall call a public hearing and shall give notice. Provided in § 153.100(B). When deciding special use permits, the Board shall follow quasi-judicial procedures. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority.

(D) Requirements. The Zoning Board of Adjustment shall hear and decide the special use permit by a majority vote if it finds the following:

(1) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;

(2) The use meets all required conditions and specifications;

(3) The use will not substantially injure the value of adjoining or abutting property or, in the alternative, the use is a public necessity; and

(4) The location and character of the proposed use will be in harmony with the area in which it is to be located and in general conformity with the development of the town and its environs.

(E) Denials. If any one of the above conditions is not met, the Zoning Board of Adjustment shall deny the application.

(F) Written ruling. Within seven days after making a decision to either grant or deny the special use permit, the Zoning Board of Adjustment shall provide written notice of its decision in accordance with § 153.100(G).

(G) Additional conditions as to use. In addition to any other requirements provided by this chapter, reasonable and appropriate conditions may be imposed upon these permits by the Zoning Board of Adjustment. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted, on the certificate of the special use permit and on the plans submitted therewith. All conditions so imposed shall run with the land and shall be binding upon the original applicant, as well as the applicant's heirs, successors or assigns, during the continuation of the use conditionally permitted. The town shall obtain the permit applicant's or landowner's written consent to any such conditions related to a special use permit to ensure enforceability.

(H) Sanctions. In the event of failure to comply with the plans, documents and other assurances submitted and approved with the application or with any conditions placed in the special use permit, the permit shall thereupon immediately become void. No zoning certificate for further construction or certificate of compliance under the special use permit shall be issued, and all improvements to the land which were the subject of the application shall be regarded as non-conforming and shall be subject to the sanctions provided in § 153.999.

(I) Expiration of special use permits. Special use permits shall expire if a zoning certificate or certificate of compliance for such use is not applied for by the applicant within six months from the date of the decision. If work is discontinued for a period of 12 months prior to completion of the entire project, the special use permit shall become void and no work may be performed until a new special use permit has been issued. If after final approval, the use is discontinued for a period of 12 consecutive months, the special use permit shall become void and the use may not be re-established until a new special use permit has been issued. When a special use permit expires, the Zoning Board of Adjustment shall treat re-application for a new special use permit in the same manner as any other application, and the provisions currently in effect shall apply.

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-2-2014; Am. Ord. passed 6-7-2021)

§ 153.077 GROUP DEVELOPMENTS.

(A) A group of two or more principal structures built on a single lot, tract or parcel of land at least two acres in size and not subdivided into the customary streets and lots and designed for occupancy by separate families, businesses or other enterprises. Examples would be: cluster type subdivisions, row houses, apartment courts, housing projects, school and hospital campuses, shopping centers and industrial parks.

(B) Requirements. The following conditions must be met before such a certificate may be issued:

(1) Such uses are limited to those permitted within the zoning district in which the project is located. In no case shall the board authorize a use prohibited in the district in which the project is located;

(2) The overall intensity of land use is no higher and the standard of open space is no lower than that permitted in the district in which the project is located;

(3) The distance of every building from the nearest property line shall meet the front, rear and side yard requirements of the district in which the project is located;

(4) The building heights do not exceed the height limits permitted in the district in which the project is located;

(5) In those cases where a group development is created which either lies within a residential district or abuts a residential district, there shall be provided and maintained (by the group development) a continuous visual buffer strip, consistent with the requirements set forth in § 153.028.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.078 MANUFACTURED HOME PARKS.

(A) Definition. An undivided lot or tract at least two acres in size under single ownership which may be developed for the placement of manufactured homes used for residential purposes.

(B) Requirements. The following conditions must be met before such a certificate may be issued:

(1) The minimum area for any manufactured home park shall be at least two contiguous acres;

(2) The maximum density shall be ten manufactured home sites per acre;

(3) Not less than five manufactured home sites shall be available at first occupancy;

(4) The minimum site size for individual manufactured home sites shall be 45 feet by 80 feet. No mobile home shall be placed closer than 20 feet to any other manufactured home or other structure, except customary accessory buildings for the exclusive use of the manufactured home;

(5) All manufactured home sites shall abut a driveway of not less than 20 feet in width. All driveways shall have unobstructed access to a public street or highway and shall be either hard surfaced or of properly compacted gravel, well marked and lighted by the manufactured home park owner. In manufactured home parks which are served by an internal system of streets and driveways, said system shall provide for safe and efficient movement of manufactured homes into, within, and out of the manufactured home park;

(6) A densely planted buffer strip shall be required consistent with Section 208 and located along all sides of the manufactured home park, but shall not extend beyond the established setback line along any street. This planting requirement may be modified by the Board of Adjustment where adequate buffering is present in the form of existing vegetation or terrain; and

(7) These requirements may be used or applied to establish a similar park for transient travel trailers and/or motor homes instead of manufactured homes within the H-B and I-H-C Districts.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.079 PUBLIC UTILITY BUILDINGS AND FACILITIES.

(A) Definition. Buildings and facilities used to provide water, sewer, electricity and communications systems such as pump stations, processing plants, heavy power transmission lines, transformer and large switching stations, and not including low volume transmission lines, small junction boxes, single transformers and the like.

(B) Requirements. The following conditions must be met before such a certificate may be issued:

(1) The use is essential for service of the immediate area;

(2) The buildings are located at least 35 feet from any lot line;

(3) Fences and/or other appropriate safety devices are installed to protect the public safety and welfare;

(4) No vehicles or equipment are stored, maintained or repaired on the premises;

(5) All structures are in keeping with the residential character of the neighborhood; and

(6) Adequate landscaping, screening and/or buffering is provided to ensure compatibility with the neighborhood.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.080 MANUFACTURED HOME PLACED ON AN EXISTING RESIDENTIAL LOT.

(A) Definition. The placement of a second residential structure on a lot (i.e. a manufactured home) where due to personal need and circumstance, a family needs to provide temporary shelter to an immediate family member.

(B) Requirements. The following conditions shall be met before such a certificate may be issued:

(1) The location of the lot shall not be located in an R-1 Residential District;

(2) The purpose of the manufactured home is to provide temporary shelter to an immediate family member, including grandparents, parents, children and siblings;

(3) The manufactured home is placed in the rear yard of the lot with fencing and evergreen landscaping so that the home's placement is consistent with the residential character of the neighborhood;

(4) No temporary use structures shall be constructed or placed for use by the manufactured home, except for an open car port (roof only);

(5) All dimensional requirements listed in § 153.032 shall apply; and

(6) The manufactured home shall not be used as a rental property and shall be removed within 90 days after the family member has vacated the manufactured home.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

§ 153.081 RECREATIONAL VEHICLE PARKS.

(A) Definition. An undivided lot or tract at least three acres in size under single ownership which may be developed for the sale and/or lease of spaces for the temporary location of recreational vehicles limited to travel trailers, pick-up coaches, motor homes, or other vehicular accommodations suitable for temporary habitation for travel, vacation, and recreational proposes.

(B) Requirements. The following requirements and conditions must be met before such a certificate may be issued:

(1) Recreational vehicle parks may be permitted only in I-H-C and H-B Districts;

(2) The maximum density shall be 17 recreational vehicle sites or lots per acre, with no site less than 2,400 square feet;

(3) The minimum recreational vehicle site or lot size shall be 40 by 60;

(4) Each recreational vehicle site or lot shall contain a vehicular parking pad paved with concrete or asphalt;

(5) A setback of 20 feet from a public right-of-way or from a property line abutting a residential lot or residential zone shall be required. All other setback requirements shall be ten feet;

(6) No recreational vehicle site or lot within a recreational vehicle park shall directly access a public road. Access to all sites or lots within the park shall be made using internal streets;

(7) Site plans for a recreational vehicle park shall include a map showing the property dimensions, the location and dimension and square footage of each recreational vehicle site, the location and use of all service and recreational facilities, all interior streets and alleys, and the location of all proposed facilities for sanitation, solid waste, drainage and fire prevention. Site plats for a recreational vehicle park shall be approved by the Zoning Administrator, the health department and the North Carolina Department of Transportation for ingress and egress to and from public streets;

(8) Adequate off-street parking and maneuvering space shall be provided within the recreation vehicle park or development. The use of any public street, sidewalk or right-of-way or any other private grounds not a part of the recreational vehicle park's parking area for the parking or maneuvering of vehicles is prohibited;

(9) A recreational vehicle park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs from all contiguous residential areas zoned R-1 or R-2 in a manner that will complement the landscape and assure compatibility with the adjacent properties; and

(10) All streets located within a recreational vehicle park shall be paved with concrete or asphalt.

(C) Additional conditions as to use. In addition to other requirements provided by this chapter, a recreation vehicle park shall also comply with the following conditions and restrictions:

(1) No recreational vehicle within a recreational vehicle park shall be placed closer than 20 feet to any other recreational vehicle or other structure except customary storage buildings for the exclusive use of the recreational vehicle;

(2) No recreational vehicle shall be used as a permanent residence within a recreational vehicle park;

(3) No unoccupied recreational vehicle shall be allowed to remain in the park for longer than six months;

(4) Prior to sale or lease, each recreational vehicle site or lot shall have power, water, and sewer connections available to the site;

(5) No business activities of any kind will be permitted on recreational vehicle sites or lots; and

(6) Should a seller of recreational vehicle sites or lots desire to impose additional covenants, conditions or restrictions to run with the land, or to grant privileges, the applicable documents must be reviewed and approved by the Zoning Board of Adjustment.

(D) The granting of zoning approval shall in no way affect any other type of approval required by any other statute or ordinance of the local, state, or federal government, but shall be construed as an added requirement.

(E) The special provisions for recreational vehicle parks are designed to encourage the compatibility of these parks with surrounding land uses, maintain a safe and healthy atmosphere, minimize adverse economical impacts and stabilize demand on local public services.

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 2-4-2008; Am. Ord. passed 6-7-2021)

§ 153.082 MEDICAL FACILITIES.

(A) Definition. Buildings, facilities, or properties used as a medical, chiropractic, dental, or optometric office, clinic, or laboratory.

(B) Requirements. The following conditions must be met before such a certificate may be issued:

(1) The application must include:

(a) A description of the services provided by the medical facility;

(b) The number of medical, chiropractic, dental or optometric practitioners working at the medical facility; and

(2) The floor plan must indicate the location and dimensions of each patient examination/treatment room.

(3) Adequate regular parking spaces and adequate handicapped parking spaces in relation to the nature of the services provided by the medical facility, the number of medical, chiropractic, dental or optometric practitioners working at the medical facility, the number of employees of the medical facility, the square footage of the building, facility or property where the medical facility is located and the number of patient examination/treatment rooms included in the medical facility.

(Ord. passed 1-4-2021; Am. Ord. passed 6-7-2021)

§ 153.083 VIDEO GAME BUSINESS.

(A) Definition. Buildings, facilities, or properties in or on which one or more video game machines are located.

(B) Requirements. The following conditions must be met before certificate may be issued:

(1) The application must include:

(a) The total number of video game machines to be located in or on the building, facility, or property.

(b) The maximum number of employees working at the video game business at any time.

(d) A certificate of insurance issued by an insurance company licensed to do business in the State of North Carolina of general liability insurance insuring against damages to persons and property maintained by the video game business on the building, facility, property, or premises in or on which one or more video game machines are located with limits of liability in an amount not less than one million dollars.

(e) A certification by the District Attorney of the prosecutorial district of the State of North Carolina in which Cherokee County is located that the video game machine or machines to be located on the building, facility, or property of the video game business comply with the laws of the State of North Carolina applicable to lotteries and gaming (currently G.S. Chapter 14, Article 37, Part 1).

(2) The floor plans must indicate the location of each video game machine.

(3) Adequate regular parking spaces and adequate handicap parking spaces in relation to the number of video game machines located in or on the building, facility, or property, and the maximum number of employees working at the video game business at anyone time shall be provided.

(4) Adequate outdoor lighting including lighting of the required parking area in relation to the hours of operation shall be provided.

(Ord. passed 10-4-2021)

§ 153.084 HOMELESS SHELTERS.

(A) Definition. For purposes of this section the following definition shall apply:

HOMELESS SHELTER. A building operated by a non-profit organization providing overnight lodging on the premises for persons temporarily or permanently without regular adequate overnight lodging.

(B) Requirements. The following conditions must be met before a certificate may be issued:

(1) Homeless shelters may be permitted only in the I-H-C Industrial and Heavy Commercial District and the H-B Highway Business District.

(2) The lot on which the homeless shelter is located shall not adjoin or abut a R-1 Medium Density Residential District or a R-2 High Density Residential District.

(3) Homeless shelters shall not be permitted in any building located within 500 feet in any direction from a residential structure, public school, public library, child care facility, church, or park or recreation area.

(4) Homeless shelters shall not be permitted in any building located within 1,000 feet in any direction from another homeless shelter.

(5) Every homeless shelter shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.

(6) In every homeless shelter, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant.

(Ord. passed 3-6-2023)