Rose Hill City Zoning Code

DISTRICT REGULATIONS

§ 154.040 GENERALLY.

Within the districts as indicated on the Zoning Map, no building or land shall be used and no building shall be erected or altered which is intended or designed to be used in whole or in part for any use other than those listed as permitted for that district in this section.

(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999

§ 154.041 R-1 RESIDENTIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for low density residential purposes. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for residential purposes;

(2) To encourage the development of residential neighborhoods that compliment one another in creating an overall balance in the community by providing for a variety of dwellings suitable to all lifestyles and family sizes;

(3) To prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district;

(4) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(5) To discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets; and

(6) To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, substantially in excess of the requirements and costs if the district were developed solely for residential purposes.

(B) Permitted uses.

(1) Single-family dwellings, excluding Class A, Class B, and Class C manufactured homes;

(2) Single-family homes and their accessory buildings used solely as a bed and breakfast;

(3) Accessory building(s) to residential uses, provided that no accessory building shall be rented or occupied for gain except in association with a permitted bed and breakfast, and provided that no accessory building shall be constructed or occupied upon a lot until the construction of the main building has commenced;

(4) Home occupations;

(5) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(6) Churches;

(7) Golf courses and country clubs;

(8) Tennis and swim clubs;

(9) Fire and police stations;

(10) Civic, charitable, fraternal, and social organizations;

(11) Community and neighborhood parks, playgrounds, and recreation centers;

(12) Public schools and private schools having curricula approximately the same as ordinarily given in public schools; and

(13) Public utility distribution lines and easements, but not transmission lines or substations.

(C) Dimensional requirements. Within the R-1 District as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:

(1) Minimum required lot area: 8,000 square feet;

(2) Minimum required lot width: 50 feet;

(3) Minimum required front yard: 30 feet;

(4) Minimum required side yard: the minimum required side yard for each side of every principal building shall be at least ten feet, except that any side yard abutting a street shall be at least 15 feet. The sum of the two side yards shall not be less than 20 feet; and

(5) Minimum required rear yard: 15 feet.

(D) Building height limits. No building shall exceed 35 feet in height unless the depth of the front yard and total width of the side yards, both required herein, shall be increased five feet for each ten feet, or fraction thereof, of building height in excess of 35 feet.

(E) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(F) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(G) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of street right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.

(H) Signs. See §§ 154.080 through 154.090.

(I) Off-street parking. See §§ 154.105 through 154.112.

§ 154.042 R-2 RESIDENTIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for medium density residential purposes. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for residential purposes;

(3) To prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district;

(4) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(5) To discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets; and

(6) To discourage any use which because of its character or size would create requirements and costs for public services, such as police and fire protection and water supply and sewerage, substantially in excess of the requirements and costs if the district were developed solely for residential purposes.

(B) Permitted uses.

(1) Single-family dwellings, including Class A manufactured homes but excluding Class B and Class C manufactured homes;

(2) Two-family dwellings or multiple-family dwellings, excluding Class A, Class B, and Class C manufactured homes;

(3) Accessory building(s) to residential uses, provided that no accessory building shall be rented or occupied for gain, and provided that no accessory building shall be constructed upon a lot until the construction of the main building has commenced;

(4) Guest houses and boarding houses;

(5) Home occupations;

(6) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(7) Churches;

(8) Golf courses and country clubs;

(9) Tennis and swim clubs;

(10) Fire and police stations;

(11) Civic, charitable, fraternal, and social organizations;

(12) Community and neighborhood parks, playgrounds, and recreation centers;

(13) Public schools and private schools having curricula approximately the same as ordinarily given in public schools;

(14) Public utility distribution lines and easements but not transmission lines or substations;

(15) Nursing homes, convalescent homes, homes for the aged, and homes for children; and

(16) Public fire and/or police training facilities which incorporate all types of buildings, or portions thereof, including Class A and Class B manufactured homes.

(1) Cemeteries, which comply with §§ 154.175 through 154.178 and 154.190;

(2) Residential planned unit developments, which comply with §§ 154.175 through 154.178 and 154.205 through 154.211; and

(3) Mobile home parks, which comply with §§ 154.175 through 154.178 and 154.225 through 154.228.

(D) Dimensional requirements. Within the R-2 District as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:

(1) Minimum required lot area for the first dwelling unit: 8,000 square feet;

(2) Minimum required additional lot area for each dwelling unit in excess of one: 3,000 square feet;

(3) Minimum required lot width for the first dwelling unit: 50 feet;

(4) Minimum required additional lot width for each dwelling unit in excess of one: 20 feet;

(5) Minimum required front yard: 20 feet;

(6) Minimum required side yard: the minimum required side yard for each side of every principal building shall be at least ten feet, except that any side yard abutting a street shall be at least 15 feet. The sum of the two side yards shall not be less than 20 feet; and

(7) Minimum required rear yard: 15 feet.

(E) Building height limits. No building shall exceed 35 feet in height unless the depth of the front yard and total width of the side yards, both required herein, shall be increased five feet for each ten feet, or fraction thereof, of building height in excess of 35 feet.

(F) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(G) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(H) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of street right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.

(I) Signs. See §§ 154.080 through 154.090.

(J) Off-street parking. See §§ 154.105 through 154.112.

§ 154.043 R-3 RESIDENTIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for high density residential purposes. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for residential purposes;

(3) To prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district;

(4) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(5) To discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets; and

(6) To discourage any use which because of its character or size would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of the requirements and costs if the district were developed solely for residential purposes.

(B) Permitted uses.

(1) Single-family dwellings, including Class A manufactured homes but excluding Class B and Class C manufactured homes;

(2) Two-family dwellings or multiple-family dwellings, excluding Class A, Class B and Class C manufactured homes;

(4) Guest houses and boarding houses;

(5) Home occupations;

(6) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(7) Churches;

(8) Golf courses and country clubs;

(9) Tennis and swim clubs;

(10) Fire and police stations;

(11) Civic, charitable, fraternal and social organizations;

(12) Community and neighborhood parks, playgrounds, and recreation centers;

(13) Public schools and private schools having curricula approximately the same as ordinarily given in public schools;

(14) Public utility distribution lines and easements but not transmission lines or substations; and

(15) Nursing homes, convalescent homes, homes for the aged, and homes for children.

(1) Cemeteries, which comply with §§ 154.175 through 154.178 and 154.190;

(2) Residential planned unit developments, which comply with §§ 154.175 through 154.178 and 154.205 through 154.211; and

(3) Mobile home parks, which comply with §§ 154.175 through 154.178 and 154.225 through 154.228.

(D) Dimensional requirements. Within the R-3 District, as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:

(1) Minimum required lot area for the first dwelling unit: 8,000 square feet;

(2) Minimum required additional lot area for each dwelling unit in excess of one: 3,000 square feet;

(3) Minimum required lot width for the first dwelling unit: 50 feet;

(4) Minimum required additional lot width for each dwelling unit in excess of one: 20 feet;

(5) Minimum required front yard: 15 feet;

(7) Minimum required rear yard: ten feet.

(F) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(I) Signs. See §§ 154.080 through 154.090.

(J) Off-street parking. See §§ 154.105 through 154.112.

§ 154.044 MH MANUFACTURED HOME RESIDENTIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for medium density manufactured home residential purposes. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for manufactured home residential purposes;

(3) To prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district;

(4) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(5) To discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets; and

(6) To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection and water supply and sewerage, substantially in excess of the requirements and costs if the district were developed solely for residential purposes.

(B) Permitted uses.

(1) Class A and Class B manufactured homes used as single-family dwellings, but excluding Class C manufactured homes;

(2) Single-family dwellings (other than manufactured homes);

(4) Home occupations;

(5) Fire and police stations;

(6) Community and neighborhood parks, playgrounds, and recreation centers; and

(7) Public utility distribution lines and easements, but not transmission lines or substations.

(C) Dimensional requirements. Within the MH District as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:

(1) Minimum required lot area: 8,000 square feet;

(2) Minimum required lot width: 50 feet;

(3) Minimum required front yard: 20 feet;

(5) Minimum required rear yard: 15 feet.

(F) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(H) Signs. See §§ 154.080 through 154.090.

(I) Off-street parking. See §§ 154.105 through 154.112.

§ 154.045 NB NEIGHBORHOOD BUSINESS DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for commercial and service use to serve the surrounding residential district(s) and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding residential district(s). In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and continued use of the land for neighborhood commercial and service purposes;

(2) To prohibit residential, heavy commercial, and industrial use of the land and to prohibit any other use which would substantially interfere with the development or continuation of the commercial structures in the district; and

(3) To discourage any use which, because of its character or size, would interfere with the use of land surrounding the district as a residential area.

(B) Permitted uses.

(1) Accessory uses and structures incidental to any permitted principal use;

(2) Display models;

(3) Artist and craftspeople studios, displays, or shops;

(4) Assembly halls;

(5) Automobile parts and accessories (new);

(6) Automobile service stations;

(7) Automobile car wash;

(8) Bank, savings and loan company, and other financial institutions;

(9) Boarding house and bed and breakfast;

(10) Business and professional offices, including architects, real estate, legal, engineers, accountants, and physicians;

(11) Personal service establishments, such as barber shops, beauty shops, and styling salons;

(12) Clinic (medical and dental);

(13) Club or lodge (civic, charitable, and fraternal);

(14) Convenience store;

(15) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(16) Fire, police, and emergency services station;

(17) Food store;

(18) Grounds and facilities for public recreation such as community center buildings, parks, playgrounds, and similar facilities operated on a nonprofit basis;

(19) Laundry (commercial);

(20) Laundry (customer self-service);

(21) Library;

(22) Public buildings (town, county, state, federal, or regional authority);

(23) Restaurants; and

(24) Mini-storage buildings.

(C) Dimensional requirements. Within the NB District as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:

(1) No NB District shall contain less than one-half acre or more than ten acres;

(2) Minimum required lot area: 8,000 square feet;

(3) Minimum required front yard setback: 35 feet (unless otherwise stipulated);

(4) The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way;

(5) Minimum required side yard: 20 feet (unless otherwise stipulated);

(6) The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way; and

(7) Minimum required rear yard: 20 feet.

(D) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building in excess of 35 feet.

(E) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(G) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.

(H) Off-street loading and unloading space. See § 154.125.

(I) Off-street parking. See §§ 154.105 through 154.112.

(J) Signs. See §§ 154.080 through 154.090.

§ 154.046 CB CENTRAL BUSINESS DISTRICT.

(A) Generally. This district is established as a district in which the use of the land shall be for commercial and service uses relating to an urban and rural market area. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for downtown commercial and service uses;

(2) To provide for the orderly expansion of the uses within the CB Central Business District as designated on the Zoning Map;

(3) To prohibit both heavier commercial uses and industrial uses of the land and to prohibit uses which would substantially interfere with both the continuation of the uses presently in the district or the orderly growth of the district to meet the needs of an increased population in the market area;

(4) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section; and

(5) To permit a concentrated, intensive development of the permitted uses while maintaining a substantial relationship between the intensity of land use and the capacity of utilities and streets.

(B) Permitted uses.

(1) Off-street automobile parking;

(2) Banks and financial institutions;

(3) Shopping centers;

(4) Professional and business offices;

(5) Retail sales establishments;

(6) Pool rooms and video game rooms/arcades;

(7) Parks;

(8) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(9) Dry cleaning and laundry pickup stations, and laundry and dry cleaning establishments, provided the noninflammable cleaning fluids are used, and that there is no emission of toxic or offensive odors;

(10) Publishing and printing establishments;

(11) Restaurants;

(12) Motels, hotels, guest houses, and boarding houses;

(13) Florist shops;

(14) Food stores;

(15) Video rental stores;

(16) Indoor theaters;

(17) Laboratories;

(18) Repair shops for radio, television, appliances, shoes, and the like;

(19) Automobile service stations;

(20) Artist and craftspeople studios, displays, or shops;

(21) Personal service establishments, such as barber shops, beauty shops, and styling salons;

(22) Public buildings;

(23) Antique shops;

(24) Taxi stands limited to five taxis;

(25) Civic, charitable, political, fraternal, social, and religious organizations;

(26) Churches;

(27) Radio and television broadcasting studios;

(28) Funeral homes;

(29) Upholstery shops;

(30) Display models;

(31) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; and

(32) Bingo parlors.

(C) Building height limits. In the CB Central Business District, every building hereafter erected or structurally altered to exceed 50 feet in height shall be set back from the front lot line on the ratio of one foot for each two feet, or fraction thereof, of building height in excess of 50 feet, but in no case shall the required front setback exceed ten feet.

(D) Location of accessory buildings.

(1) No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(E) Minimum lot requirements. No lot or yard requirements exist in the CB Central Business District, except as noted in division (C) above and as stated below. Where the rear of a lot abuts a residential district, there shall be a rear yard of not less than 15 feet in width, and where the side of a lot abuts a residential district, there shall be a side yard of not less than ten feet in width. In these cases, a buffer, as described in § 154.140, shall be required in addition to the required yards.

(F) Off-street loading and unloading space. No off-street loading space is required in the CB Central Business District, except for hotels, tourist homes, and motor courts.

(G) Signs. See §§ 154.080 through 154.090.

(H) Off-street parking. See §§ 154.105 through 154.112.

§ 154.047 HB-1 HIGHWAY BUSINESS DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for the retailing of durable goods, provision of commercial services to industrial areas and the provision of services to transients. In promoting the general purposes of this chapter, the specific intent of this section is:

(1) To encourage the continued use of land for commercial establishments which provide services to industrial areas and transients;

(2) To discourage any use which because of its character would interfere with the use of land for other commercial activities;

(3) To discourage any use, which because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of the requirements and costs if the district were developed solely for commercial uses.

(B) Permitted uses.

(1) All uses permitted in the CB, Central Business District;

(2) Drive-in restaurants;

(3) Drive-in theaters;

(4) Greenhouses;

(5) Wholesale merchants;

(6) Public utility storage or service yards;

(7) Building materials sales and storage;

(8) Radio and television transmitting stations and towers;

(9) Animal hospitals;

(10) Motor freight terminals;

(11) Bus stations;

(12) Automobile sales, services, and body repair garages;

(13) Mobile home, travel trailer, boat, and motorcycle sales and services;

(14) Community and neighborhood parks, playgrounds and recreation centers; and

(15) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

(C) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building in excess of 35 feet.

(D) Minimum lot requirements.

(1) Minimum required lot area: 10,000 square feet; and

(2) Minimum required lot width: 60 feet.

(E) Minimum yards.

(1) Minimum required front yard. Unless otherwise stipulated, the minimum required setback shall be 20 feet from any street, road, or highway right-of-way, provided, no signs, parking or any other object between a height of two feet and a height of ten feet shall be allowed within the first five feet from a street, road, or highway right-of-way which may provide an obstruction to visibility. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way.

(2) Minimum required side yards. Unless otherwise stipulated, the minimum required setback(s) shall be six feet from any property line and 15 feet from any street, road or highway right-of-way. Where the side yard abuts upon a residential district, the side yard shall be at least 15 feet wide. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way.

(3) Minimum required rear yard. The minimum required rear yard shall be six feet. Wherever a lot abuts residential property, a buffer, as described in § 154.140, shall be required.

(F) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(G) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s) . Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(H) Corner visibility. On a corner lot, within the area formed by an arc 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height to ten feet above the average center line grade of each street.

(I) Off-street loading and unloading space. See § 154.125.

(J) Off-street parking. See §§ 154.105 through 154.112.

(K) Signs. See §§ 154.080 through 154.090.

§ 154.048 HB-2 HIGHWAY BUSINESS DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for the retailing of durable goods, provision of commercial services to industrial areas, and the provision of services to transients along an interstate highway corridor. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the continued use of land for commercial establishments which provide services to industrial areas and transients;

(2) To discourage any use which because of its character would interfere with the use of land for other commercial activities; and

(3) To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, substantially in excess of the requirements and costs if the district were developed solely for commercial uses.

(B) Permitted uses.

(1) All uses permitted in the CB Central Business District;

(2) Drive-in restaurants;

(3) Drive-in theaters;

(4) Greenhouses;

(5) Wholesale merchants;

(6) Public utility storage or service yards;

(7) Building materials sales and storage;

(8) Radio and television transmitting stations and towers;

(9) Animal hospitals;

(10) Motor freight terminals;

(11) Bus stations;

(12) Automobile sales, services, and body repair garages;

(13) Mobile home, travel trailer, boat, and motorcycle sales and services;

(14) Community and neighborhood parks, playgrounds, and recreation centers; and

(15) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

(D) Minimum lot requirements.

(1) Minimum required lot area: 10,000 square feet; and

(2) Minimum required lot width: 60 feet.

(E) Minimum yards.

(1) Minimum required front yard: unless otherwise stipulated, the minimum required setback shall be 20 feet from any street, road, or highway right-of-way, provided, no signs, parking, or any other object between a height of two feet and a height of ten feet shall be allowed within the first five feet from a street, road, or highway right-of-way which may provide an obstruction to visibility. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way;

(2) Minimum required side yards: unless otherwise stipulated, the minimum required setback(s) shall be six feet from any property line and 15 feet from any street, road, or highway right-of-way. Where the side yard abuts upon a residential district, the side yard shall be at least 15 feet wide. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way;

(3) Minimum required rear yard: 6 feet; and

(4) Wherever a lot abuts residential property, a buffer, as described in § 154.140, shall be required.

(F) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(I) Off-street loading and unloading space. See § 154.125.

(J) Off-street parking. See §§ 154.105 through 154.112.

(K) Signs. See §§ 154.080 through 154.090.

§ 154.049 I-1 INDUSTRIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for wholesale activities, industrial research, warehousing and distribution operations, and manufacturing operations. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for wholesale and industrial buildings, and related research facilities;

(2) To discourage the use of the land for heavy industry and to prohibit any other use which would substantially interfere with the development or continuation of desirable industrial establishments in the district;

(3) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provision of this section; and

(4) To prohibit the use of the land for residences for the purpose both of preserving the area for its appropriate use and for preventing the location of residences in an area inappropriate for residential use.

(B) Permitted uses.

(1) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard;

(2) Display models;

(3) Building materials’ storage and sales;

(4) Greenhouses;

(5) Printing and publishing establishments;

(6) Public buildings, parks, and conservation areas;

(7) Electronic data processing;

(8) Motor freight terminals;

(9) Off-street parking facilities;

(10) Industrial research offices and laboratories;

(11) Any form of agricultural, horticultural, or husbandry uses, excluding swine farms and poultry farms, but including the sale of products on the property where produced;

(12) Warehousing and distribution operations;

(13) Poultry hatcheries;

(14) Poultry processing plants;

(15) Light industry; and

(16) Meeting and event center, including an entertainment complex and various dining facilities.

(1) Minimum required lot area: 50,000 square feet;

(2) Minimum required lot width: 100 feet;

(3) Minimum required front yard: 40 feet (unless otherwise stipulated);

(4) The minimum required front yard setback for a display model shall be 25 feet from a street, road, or highway right-of-way;

(5) Minimum required distance between buildings, including accessory buildings (unless otherwise stipulated): ten feet;

(6) Minimum required distance between display models and all other buildings, including accessory buildings, shall be ten feet. No minimum distance shall be required between display models;

(7) Minimum required side yard: 15 feet;

(8) Minimum required rear yard: 15 feet; and

(9) Whenever an industrial lot abuts residential property, a buffer, as described in § 154.140, shall be erected along the residential property line.

(D) Location of accessory buildings. No accessory building shall be closer than 15 feet to any property line not a railroad property line.

(E) Off-street loading and unloading space. See § 154.125.

(F) Off-street parking. See §§ 154.105 through 154.112.

(G) Signs. See §§ 154.080 through 154.090.

§ 154.050 I-2 INDUSTRIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for wholesale activities, industrial research, warehousing and distribution operations, and manufacturing operations, all within the interstate highway corridor. In promoting the general purpose of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for wholesale and industrial buildings, and related research facilities;

(3) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provision of this section; and

(B) Permitted uses.

(1) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard;

(2) Building materials’ storage and sales;

(3) Greenhouses;

(4) Printing and publishing establishments;

(5) Public buildings, parks, and conservation areas;

(6) Electronic data processing;

(7) Motor freight terminals;

(8) Off-street parking facilities;

(9) Industrial research offices and laboratories;

(10) Any form of agricultural, horticultural, or husbandry uses, excluding swine farms and poultry farms, but including the sale of products on the property where produced;

(11) Warehousing and distribution operations;

(12) Poultry hatcheries;

(13) Poultry processing plants; and

(14) Light industry.

(1) Minimum required lot area: 50,000 square feet;

(2) Minimum required lot width: 100 feet;

(3) Minimum required front yard: 40 feet;

(4) Minimum required distance between buildings, including accessory buildings: ten feet;

(5) Minimum required side yard: 15 feet;

(6) Minimum required rear yard: 15 feet; and

(7) Whenever an industrial lot abuts residential property, a buffer, as described in § 154.140, shall be erected along the residential property line.

(D) Location of accessory buildings. No accessory building shall be closer than 15 feet to any property line not a railroad property line.

(E) Off-street loading and unloading space. See § 154.125.

(F) Off-street parking. See §§ 154.105 through 154.112.

(G) Signs. See §§ 154.080 through 154.090.

§ 154.051 I-3 INDUSTRIAL DISTRICT.

(A) Generally. This district is established as a district in which the principal use of land is for heavy industry. In promoting the general purposes of this chapter, the specific intent of this section is:

(1) To encourage the construction of and the continued use of the land for heavy industry;

(2) To provide additional regulation on the use of the land for heavy industry and to prohibit any other use which would substantially interfere with the development or continuation of desirable industrial establishments in the district;

(3) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provision of this subsection; and

(B) Permitted uses.

(1) Heavy industry, provided:

(a) The minimum required lot area shall be ten acres;

(b) No building, including accessory buildings, shall be located closer than 200 feet from any property line;

(c) A buffer strip around the perimeter, at the property line, shall be established. The buffer may be the existing natural vegetation that has an existing height of six feet and width of ten feet or an evergreen planting that will normally be expected to reach a height of six feet within three years;

(d) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over onto adjacent properties;

(e) Ingress and egress shall be designed to allow for safe movement and to accommodate all vehicle types which are expected to use the facility and meet DOT standards; and

(f) No industrial use shall be allowed which would have an injurious effect on the town or neighborhood by posing a safety or fire hazard, or by emitting/creating dust, toxic gases, offensive odors, smoke, noise, heat, or glare.

(2) Any form of agricultural, horticultural, or husbandry uses, including both the sale of products on the property where produced and any necessary accessory uses clearly incidental to the principal use, but excluding swine farms and poultry farms; and

(3) Public utility distribution lines, including service and storage yards and transformer substations, and including any necessary accessory uses clearly incidental thereto.

(1) Minimum required lot area: 50,000 square feet; and

(2) No building, including accessory buildings, shall be located closer than ten feet to another building and 15 feet to a property line not a railroad property line. A buffer, as described in § 154.140, shall be erected along all property lines abutting residential property.

(D) Off-street loading and unloading space. See § 154.125.

(E) Off-street parking. See §§ 154.105 through 154.112.

(F) Signs. See §§ 154.080 through 154.090.

§ 154.052 MU MIXED USE DISTRICT.

(A) Generally. This district is established to allow for a mixture of land uses that can be made compatible. The district is intended for the area which lies within the one-mile extraterritorial jurisdiction that has traditionally experienced the siting of different land uses side by side in harmony. While this area is expected to experience an accelerated rate of growth over the next several years compared to its past, that growth is not expected to be at such a density to discourage mixed use development. This district would allow for mixed land uses, yet provide guidelines for siting different uses in close proximity without being objectionable to its neighbor.

(B) Permitted uses.

(1) Single-family dwellings, including Class A and Class B manufactured homes, but excluding Class C manufactured homes;

(2) Two-family dwellings or multiple-family dwellings, excluding Class A, Class B, and Class C manufactured homes;

(3) Single-family homes with live-in help quarters and/or relative quarters, excluding Class A, Class B, and Class C manufactured homes;

(4) Accessory buildings/uses clearly incidental to a permitted use and which will not create a nuisance or hazard, provided that no accessory building shall be rented or occupied for gain, and provided further that no accessory building shall be constructed upon a lot until the construction of the main building has commenced;

(5) Display models;

(6) Any form of agricultural, horticultural, or husbandry uses, excluding swine farms and poultry farms, but including the sale of products on the property where produced;

(7) Churches;

(8) Golf courses and country clubs;

(9) Tennis and swim clubs;

(10) Fire and police stations;

(11) Grounds and facilities for recreation and community center buildings, lakes, parks, and similar facilities operated on a nonprofit basis, but not including miniature golf courses;

(12) Public or private stables;

(13) Home occupations;

(14) Personal service establishments, such as barber shops, beauty shops, and styling salons;

(15) Public buildings (town, county, city, state, federal, or regional authority);

(16) Public schools and private schools, having a curricula approximately the same as ordinarily given in public schools, including, but not requiring, gymnasiums and assembly halls in conjunction herewith;

(17) Public utility distribution lines, but not service or storage yards or transformer substations;

(18) Radio, television, and cellular telephone transmitting stations and towers;

(19) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;

(20) Family home care facilities (not to exceed six individuals being cared for);

(21) Nursing homes (seven or more individuals being cared for), provided no building so used shall be within 100 feet of any property line;

(22) Convalescent homes, homes for the aged, and homes for children;

(23) Retail/commercial uses and shopping centers (3,500 square feet of gross floor area or less), provided:

(a) Unless otherwise stipulated, the minimum requirement for each yard (front, side, and rear) shall be 30 feet from any street, road, or highway right-of-way and 30 feet from any property line. The minimum setback for each front and each side yard for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum setback for each front and each side yard for a display model shall be 15 feet from a street, road, or highway right-of-way;

(b) A buffer strip adjacent to residential property shall be established. The buffer may be the existing natural vegetation that has an existing height of six feet and width of five feet, or an evergreen planting that will normally be expected to reach a height of six feet within three years;

(c) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over onto adjacent properties; and

(d) Ingress and egress points shall be designed to allow for safe movement and meet DOT standards.

(24) Retail/commercial uses and shopping centers (more than 3,500 square feet of gross floor area), provided:

(a) Unless otherwise stipulated, the minimum requirement for each yard (front, side, and rear) shall be 60 feet from any street, road, or highway right-of-way and 60 feet from any property line. The minimum setback for each front and each side yard for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum setback for each front and each side yard for a display model shall be 15 feet from a street, road, or highway right-of-way;

(c) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over onto adjacent properties; and

(d) Ingress and egress points shall be designed to allow for safe movement and meet DOT standards.

(25) Office uses, provided:

(a) The minimum requirement for each yard (front, side, and rear) shall be 30 feet from any street, road, or highway right-of-way and 25 feet from any property line;

(b) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over into adjacent properties; and

(26) Privately owned cemeteries. Privately owned cemeteries that are one and one-half acres or larger with a maximum total contiguous area less than two acres, all under common ownership, provided, only one entrance from a public road to the cemetery shall be allowed and a perimeter buffer strip/setback (suitably planted so as to effectively screen the cemetery and activities within from abutting properties and public rights-of-way) shall be constructed and maintained around the entire cemetery to an interior depth of 20 feet from the cemetery property line(s); only one accessory use building shall be allowed within the cemetery, provided, the building shall be under the same ownership as the cemetery property

upon which it is located, is only accessible from within the cemetery (not from a public street), and shall be at least 150 feet from any residential dwelling located on land adjoining the cemetery. All privately owned cemeteries described herein above shall also be constructed and maintained according to all applicable North Carolina General Statutes governing the establishment and operation of same.

(1) Cemeteries, as provided in §§ 154.175 through 154.178 and 154.190;

(2) Residential planned unit developments, as prescribed in §§ 154.175 through 154.178 and 154.205 through 154.211; and

(3) Mobile home parks, as provided in §§ 154.175 through 154.178 and 154.225 through 154.228.

(D) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased five feet for each ten feet, or fraction thereof, of building height in excess of 35 feet.

(E) Minimum lot requirements.

(1) Minimum lot area:

(a) Where public utilities, either water or sewer, are available: 15,000 square feet;

(b) Where public utilities, both water and sewer, are available: 12,500 square feet; and

(2) Minimum lot width: 100 feet.

(F) Minimum yards.

(1) Minimum required front yard: 30 feet;

(2) Minimum required side yard: 15 feet; and

(3) Minimum rear yard: 15 feet.

(G) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(H) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.

(I) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.

(J) Off-street loading and unloading space. The requirements as established in § 154.125 shall be followed for determining off-street loading and unloading space requirements for uses within this district.

(K) Off-street parking. The requirements as established in §§ 154.105 through 154.112 shall be followed for determining off-street parking space requirements for uses within this district.

(L) Signs. See §§ 154.080 through 154.090.