a.   Home occupations are defined in this ordinance and permitted in an R District provided that such occupations comply with the following standards which are established to preserve the residential character of the neighborhood and/or dwelling.

   b.   Only one person other than those residing in the home shall be engaged in the occupation at the dwelling.

   c.   The home occupation is clearly incidental and secondary to the residential use of the building.

   d.   The occupation shall not be visible from the street and no remnants, debris, materials or equipment in connection with the home occupation shall be kept or stored on premises, except within the approved building.

   e.   The use will not materially increase vehicular or pedestrian traffic over that normally found in the residential neighborhood nor will any additional parking be needed or provided.

   f.   On-premises retail sales is prohibited as the primary home occupation, except where it is incidental to the primary occupation, such as the sale of art supplies to students in a home occupation, “art teacher”.

   g.   Accessory buildings may be used for a home occupation. Accessory buildings shall not be equal to or exceed the area of the primary dwelling.

   h.   No outside signs or advertisements shall be displayed on the premises, nor shall merchandise or articles be displayed so as to be visible from outside the building.

   i.   The occupation shall not constitute a nuisance or any undue disturbance in the neighborhood. No noise, dirt, fumes, odor, etc., not normally appurtenant to residential use nor greater in intensity or duration than that customarily associated with a dwelling shall be emitted as a result of the home occupation.

   j.   No more than one commercial vehicle shall be permitted to be kept or operated on or about the premises and this vehicle shall not exceed three-quarter ton rated capacity.

   k.   The use shall not involve the storage of flammable, hazardous or explosive materials unless specifically approved by the Fire Official and the Building Inspector.

   l.   The home occupation shall be registered with the Town of Newport and pay all privilege license fees where applicable.

   m.   Home occupations may consist of, but are not limited to, the services listed below:

      1.   Registered child day care;

      2.   Beauty shop, ironing, sewing service, photographer and the like;

      3.   Home office;

      4.   Crafts; and

      5.   Gunsmith.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   A building may be established as accessory to any permitted principal use in any zoning district, provided that such accessory building is customarily incidental to, maintained and operated as part of the principal use.

   b.   Permitted accessory structures in zoning districts R-8, R-10, R-15, R-20, R-20A, associated CU districts, and the PUD district, if used for a residential use, are:

      1.   Private garages, open storage space or parking area for motor vehicles, provided that such space shall not be used on the premises for more than one commercial vehicle, with not more than three-quarter-ton capacity;

      2.   Shed or tool room; children’s playhouse and play equipment;

      3.   Private recreation facilities and community structures, including swimming pool and bath house or cabana, clubhouse, tennis courts, and the like;

      4.   Structures designed and used for purposes of shelter in the event of human-made or natural catastrophes; and

      5.   Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over 12 feet in height.

      6.   On lots zoned R-20 and one acre or greater in size, shipping containers are permitted. If adjacent to a residential zoning district, the containers must be set back ten feet from property lines and screened with a buffer as required in § 12-2.

   c.   Permitted accessory structures to places of worship in any zoning district where they are permitted are:

      1.   Religious education buildings;

      2.   A parsonage, pastorium or parish house, together with any use accessory to a permitted dwelling as listed herein;

      3.   An off-street parking area or garage for use without charge and only as an accessory use to a permitted use on the same parcel or tract;

      4.   A completely enclosed building for storage of supplies or equipment;

      5.   Recreation facilities;

      6.   Guest houses meeting setbacks of the zoning district in which they are located; and

      7.   Shipping containers. If adjacent to a residential zoning district, containers must be set back 30 feet from property lines and screened with a buffer as required in § 12-2.

   d.   A permitted accessory structure in zoning districts NB-1 and RO and associated CU districts is: a completely enclosed building for the storage of supplies, stock or merchandise.

   e.   Permitted uses accessory structures in zoning districts CD and CH, associated CU districts and the PUD district, if used for a nonresidential use, are:

      1.   A completely enclosed building for the storage of supplies, stock or merchandise; and

      2.   Shipping containers. If adjacent to a residential zoning district, containers must be set back 30 feet from property lines and screened with a buffer as required in § 12-2.

   f.   Permitted accessory structures in zoning districts IW and LI and associated CU districts are:

      1.   A manufacturing and/or repair facility incidental to the principal use; provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which the principal and accessory uses are located;

      2.   Gasoline and fuel oil pumps and storage tanks; and

      3.   Shipping containers. If adjacent to a residential zoning district, containers must be setback 30 feet from property lines and screened with a buffer as required in § 12-2.

   g.   Accessory structures are not regulated on bona fide farms.

   h.   Truck bodies, buses, mobile homes, semitrailers, or variations thereof, are prohibited as accessory structures in all zoning districts.

   i.   Caretaker’s quarters. A permanent residence located within the building or on the site of a permitted commercial or industrial use. This use is an accessory use to the primary use in the district. The requirements herein are in addition to any other requirements in this section:

      1.   The residence shall meet the minimum requirements of the North Carolina Residential Building Code;

      2.   At least two parking spaces shall be provided for the quarters, in addition to the minimum parking required for the primary use;

      3.   Any play area shall be clearly separated from the primary use so as not to cause danger, distractions or interference to the primary use;

      4.   The quarters shall be used solely by the owner or for a watchman, caretaker or custodian of the facility or use on the same site;

      5.   The quarters shall be clearly incidental and accessory to the permitted principal use(s) on the same parcel, and shall not exceed 50% of the area of the principal use, except by favorable consideration of a special use permit. If the use(s) to which the quarters is accessory change or cease, the applicant shall demonstrate, within 60 days of the change, the need to continue the quarters for the use or to convert the quarters into a permitted principal use allowed in the district;

      6.   There shall be no more than one such quarters on any one lot;

      7.   The quarters shall be architecturally compatible with the principal use structures on the same lot; and

      8.   If the quarters are for the use of the owner/operator of a commercial use and is attached to the principal use building then, where practical, the main entrance to the quarters shall be to the side or rear of the building.

   j.   Temporary health care structures.

      1.   The following definitions apply in this section.

         ACTIVITIES OF DAILY LIVING. Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting and eating.

         CAREGIVER. An individual, 18 years of age or older, who:

            (1)   Provides care for a mentally or physically impaired person; and

            (2)   Is a first or second degree relative of the mentally or physically impaired person for whom the individual is caring.

         FIRST OR SECOND DEGREE RELATIVE. A spouse, sibling, uncle, aunt, nephew or niece, and includes half, step, and in-law relationships.

         MENTALLY OR PHYSICALLY IMPAIRED PERSON. A person who is a resident of this state and who requires assistance with two or more activities of daily living, as certified in writing by a physician licensed to practice in this state.

         TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure, providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person, that:

            (1)   Is primarily assembled at a location other than its site of installation;

            (2)   Is limited to one full-time, permanent occupant, who shall be the mentally or physically impaired person;

            (3)   Has no more than 300 gross square feet; and

            (4)   Complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b).

Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

      2.   A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver’s residence is permitted as an accessory use in the R-8, R-10, R-15, R-20 and R-20A zoning districts, on lots zoned for single-family detached dwellings.

      3.   A temporary family health care structure used by an individual who is the first or second degree relative of the mentally or physically impaired person shall be considered a permitted, accessory use in any single-family residential zoning district, on lots zoned for single-family detached dwellings, in accordance with this section, if the temporary family health care structure is placed on the property of the residence of one of the individuals named above, and is used to provide care for the mentally or physically impaired person.

      4.   Only one temporary family health care structure shall be allowed on a lot or parcel of land. Such temporary family health care structures shall comply with all setback requirements that apply to the primary structure, and with any maximum floor area ratio limitations that may apply to the primary structure.

      5.   Any person proposing to install a temporary family health care structure shall first obtain a permit. The applicant shall provide evidence of compliance with this section on an annual basis, as long as the temporary family health care structure remains on the property. The evidence shall include annual compliance confirmation, and annual renewal of the doctor’s certification.

      6.   A temporary family health care structure installed under this section shall be required to connect to any water, sewer and electric utilities serving the property, and shall comply with all applicable state law, local ordinances, and other requirements, as if the temporary family health care structure were permanent real property.

      7.   No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted, either on the exterior of the temporary family health care structure, or elsewhere on the property.

      8.   Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used, or may be reinstated on the property within 60 days of its removal, as applicable.

      9.   The permit granted pursuant to this section may be revoked if the permit holder violates any provision of this section. The city may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2019-01, passed 6-13-2019; Ord. 2019-03, passed 6-13-2019)

   a.   In zoning districts R-8, R-10, R-15, CH, and associated CU districts, accessory structures shall not occupy more than 40% of the rear yard area.

   b.   In zoning district CD and associated CU districts, an accessory building shall not occupy more than 25% of the rear yard area.

   c.   In zoning districts R-8, R-10, R-l 5, and associated CU districts, an accessory building shall not exceed the square foot area of the footprint of the primary building.

   d.   In zoning districts R-8, R-10, R-15, R-20, R-20A, and associated CU districts, an accessory building shall not exceed a height of 25 feet.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2019-01, passed 6-13-2019)

   a.   Accessory structures shall comply with the setback requirements of the zoning district in which they occur, and shall not be located forward of the primary structure or building unless permitted elsewhere in this ordinance. In the case of a corner lot, such accessory use or building shall be setback from the right-of-way of the abutting side street a distance equal to the front yard setback established for principal uses in the district.

   b.   Accessory structures located on a corner lot shall not be closer to the side street than the front building line of the adjacent principal building facing the side street.

   c.   In zoning districts R-8, R-10, R-15, R-20, R-20A, and associated CU districts, accessory structures , except water pump shelters not exceeding a height of four feet, shall not be located forward of the front building line of the primary building.

   d.   Permitted shipping containers shall be located in the rear of the primary structure.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2019-01, passed 6-13-2019)

   a.   The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. The said wall or fence shall be at least four feet high. All gates or doors opening through such an enclosure, other than the door of any dwelling which forms a part of all of such enclosure, shall be equipped with a self-closing and self-latching device designed to keep the said gates or doors securely closed at all times when not in actual use. The self-latching device shall be placed at least three feet six inches above the ground.

   b.   The pool and above ground decking shall not be located in the minimum setback yard.

   c.   The area of the pool may be computed as part of the open yard if the height of the pool is less than four feet above ground.

   d.   Lighting shall be so placed or shielded as to prevent direct rays being visible on adjacent properties.

   e.   A public address system for the supervision and safety of swimmers shall be the only broadcast device permitted.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   Shall be permitted in an R-20 District, provided that a stable or kennel shall meet all other requirements of the R-20 District unless located on a bona fide farm.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   Barn yard animals, marsupial, domesticated pig, exotic or wild animals and fowl are prohibited from being kept, penned or housed in a residential district except where on a bona fide farm or in an R-20 District.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   A companion unit may be attached to the primary dwelling unit as a permitted use, provided that there is direct communication via an unobstructed door way to the primary unit. The companion unit may have separate bath and cooking facilities and shall not exceed 864 net square feet.

   b.   The companion unit shall not be otherwise used for rental property unless permitted by other provisions of this ordinance.

   c.   The intent of this provision is to provide for a housekeeper, nursing or care person to be housed and attend to the daily medical or personal care of a family member or relative.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   The occasional private sale of household effects is a permitted use within any R District with the following restrictions.

   a.   No more than two days within the preceding 60 days shall be used for garage or yard sales.

   b.   Two or more families may combine and have such sale.

   c.   Tables and setup displays will be installed only on the day of the sale and shall be removed along with all evidence of the sale by the close of the last day of such sale.

   d.   Single items that belong to the household, such as boats, motor vehicles, lawnmowers, etc., may be displayed on the premises for sale for an indefinite period of time; provided, however, that the item is not obtained for the purpose of resale, or the item does not become a nuisance.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   Fallout shelters or storm shelters are permitted as principal or accessory uses in any district subject to the yard requirements of the district. Shelters shall be maintained so as not to become a hazard or blight to the community.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Photovoltiac panels as used herein includes one or more solar collectors placed on a parcel of land or incorporated on or within a building or structure for the purpose of generating electricity as an accessory use for residential, commercial, industrial or other uses. Within this article, the panels are not of the quantity or electrical capacity to be used primarily to supply the electrical utility grid. However, notwithstanding anything to the contrary contained herein, the term “solar farm” shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a uses stated in this part. Nothing in this part is intended to prohibit the sale or furnishing excess energy to the public utility.

   b.   If the total electrical generating capacity of the system is capable of producing more than 15,000 watts (15 kW) direct current (DC) when operating at maximum efficiency, the permit owner shall be required to apply for a special use permit from the Zoning Board of Adjustment. Refer to Article IX of this ordinance.

   c.   All photovoltaic systems and other solar devices, where applicable, shall be designed and installed in accordance with the North Carolina Building Code.

   d.   Refer to Article IX of this ordinance for solar devices that are used or go beyond this part.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   It is not the intent of this ordinance to prohibit the use of innovative energy systems as accessory uses such as heat producing or wind energy systems that are not otherwise regulated by special use requirements in other sections of this ordinance.

   b.   A small wind energy system that does not exceed rated capacity of 25 kilowatt (25 kW) may be considered an accessory use to supplement electrical power for a residence or business.

   Examples of Accessory Use: Residential Solar Panels and Wind Energy System

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)