(a)

The types of development approval governed by this article include uses permitted as of right, uses permitted with special requirements, and special uses.

(b)

Uses permitted as of right and uses permitted with special requirements shall require a zoning permit, a building permit and a certificate of occupancy.

(c)

In addition to the requirements listed in subsection (b) above, special uses and special uses shall require approval as described in article III.

(d)

Variances from these regulations, appeals of administrative decisions rendered under this chapter, shall be governed by article XIII.

(e)

Amendments to the text of this chapter and to the zoning maps, including the reclassification of property to a conditional zoning district shall be governed by article XIV.

(Ord. of 1-19-98, § XII; Amend. of 9-6-16; Amend. of 6-21-21)

(A)

Zoning permits. A zoning permit is required prior to the use or occupancy of land and/or the prior to the placement, replacement, structural alteration, or change in use of a structure unless otherwise exempt from the zoning ordinance. Sufficient information shall accompany the permit request illustrating proposed compliance with dimensional and other requirements of this chapter. Non-residential use permit requests shall submit a site plan subject to section 21-52.

In cases where the applicant's plan illustration of compliance with setbacks and/or other development standards appears inconsistent with perceived information from a geographic information system or when plainly inadequate for the purposes of evaluating compliance, the zoning administrator may require the plan to be prepared with a full or partial boundary and/or as-built survey.

To verify completed development conformed to approved plan, the zoning administrator may require the applicant to provide an as-built survey to substantiate compliance.

(B)

Building permits. It is illegal for any person to begin construction, reconstruction, or to make any structural repairs, alterations, or additions to any structure without obtaining required building permits from the building inspections department.

(Ord. of 1-19-98, § XII; Amend. of 10-4-10; Amend. of 9-6-16; Amend. of 9-15-25)

The number of uses per zone lot shall be governed as follows:

(1)

Multiple uses per zone lot. In all districts, combination uses may be placed on the same zone lots, however, the applicable requirements of subsections (2) and (3) below must be met. This includes subsequent permitted development on property that may have received approval of a special use permit, not including conditional districts, unless otherwise indicated.

(2)

Principal dwelling units. Only one (1) principal dwelling unit may be placed per zoned lot unless otherwise indicated in this chapter.

(3)

Secondary dwelling units. Detached secondary units excluding two (2) or more manufactured homes must meet the SR standards for an accessory dwelling unit in section 21-56(1)(d).

(Ord. of 1-19-98, § XII; Ord. of 10-18-99(2); Amend. of 3-7-05; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 6-21-21; Amend. of 9-15-25)

Nothing may be erected, placed, planted or allowed to grow in such a manner as to materially impede vision at intersections. The area required to be kept free is known as the sight-distance triangle. The sight-distance triangle must be kept free between a height of two and one-half (2½) and ten (10) feet above the centerline grades of the intersecting streets. All roads proposed to be publicly maintained shall comply with applicable NCDOT regulations.

(Ord. of 1-19-98, § XII)

Antennae for private, non-commercial use are subject to the same placement requirements as accessory uses within each zoning district as provided by this chapter. However, when placement based on accessory setback requirements precludes development of a viable reception window, the zoning administrator may authorize placement otherwise if warranted by significantly improved reception.

Antennae and their associated supporting towers subject to the placement criteria in this section only, include: radio and television reception, private citizen's bands, amateur (HAM) radio and any others determined as similar by the zoning administrator on a case-by-case basis.

(Ord. of 1-19-98, § XII; Amend. of 12-2-13)

(a)

Generally. All manufactured housing for which building permits are obtained after the effective date of this chapter shall be skirted in accordance with subsection (b), (c), or (d), as appropriate, prior to issuance of a certificate of occupancy.

(b)

Skirting of manufactured homes in the MHP district or a family manufactured home park.

(1)

Skirting shall be of material acceptable for exterior construction that will not support combustion.

(2)

Skirting material shall be durable and suitable for exterior exposures.

(3)

Any wood framing used to support this skirting shall be approved moisture resistant treated wood.

(4)

Skirting shall be continuous and unpierced except for ventilation.

(5)

Skirting manufactured specifically for underpinning shall be installed in accordance with the manufacturer's specifications.

(6)

Notwithstanding other provisions of this section, manufactured homes in a MHP district may install masonry skirting as provided in this section.

(c)

Skirting of manufactured homes outside the MHP district or a family manufactured home park.

(1)

Skirting shall consist of brick or finished masonry.

(2)

Skirting shall be continuous and unpierced except for ventilation.

(3)

Regular unfinished block may not be used for required skirting. However, split-face block may be used.

(d)

Skirting of manufactured homes on land leased to the homeowner. Skirting shall comply with section 21-276 (a) and (b) when the manufactured home is located on land leased to the homeowner.

(Ord. of 1-19-98, § XII; Ord. of 4-20-98; Amend. of 4-21-14; Amend. of 9-15-25)

(a)

Minor structures and improvements. Except where otherwise expressly addressed, the following minor, accessory structures and improvements on individual lots or parcels are not intended to be regulated by this chapter:

(1)

Flagpoles and mailboxes;

(2)

Landscaping features such as fences, trees and shrubs, terraces, gazebos, and similar items;

(3)

Piers, wharves, and bulkheads;

(4)

Recreational improvements such as swing sets and playgrounds;

(5)

Wells and pumphouses.

(b)

Utilities. Except where otherwise expressly addressed, the following utility structures and facilities are not intended to be regulated by this chapter:

(1)

Utility lines, pipes, cables, and associated minor equipment and structures, including transformers, pumping stations, "signal boosters," and maintenance buildings;

(2)

Electronics cabinets for telephone switching and similar devises used by public service providers;

(3)

Water towers or tanks;

(4)

Water systems or sewage disposal systems as an exclusive accessory use for a development project; and

(5)

LCID operations (SIC 4953 pt). LCID landfills consistent with the specific standards of this subsection are not regulated by this chapter, but shall nonetheless adhere to applicable NCDEQ standards:

a.

Landfills with a disposal area of one-half (.50) acre or less on an individual parcel; or

b.

Beneficial fill used to improve the property's land use potential where no excavation of soil is proposed or has occurred within the area receiving fill.

(c)

Exceptions to front setback requirements for dwellings. Setback requirements for dwellings may be modified when the setbacks of contiguous existing buildings are less than required. These decreased setbacks are determined by computing the average setback on adjacent lots one hundred (100) feet on either side of the lot of the proposed dwelling. The modified setback may be equivalent to the average setback or ten (10) feet from the rights-of-way line, whichever is greater.

(d)

Antennae for private or public safety use. Antennae for private use or for use by "police protection" or "fire protection" are exempt from the requirements contained in sections 21-56 (6)(d)(e) and (f). Private, non-commercial antennae exempted under this provision include: residential radio and television, private citizen's bands, amateur (HAM) radio and any others determined as similar by the Zoning Administrator on a case-by-case basis.

(Ord. of 1-19-98, § XII; Ord. of 2-1-99(1); Amend. of 3-4-13; Amend. of 12-2-13; Amend. of 9-6-16; Ord. of 4-5-21(1))

All manufactured homes in manufactured home parks shall be skirted as provided in subsection 21-276(b) of this article within two (2) years of February 16, 1998.

(Ord. of 1-19-98, § XII)

Turkey shoots operated by churches, civic group or similar nonprofit organizations are exempt from the special use requirements of section 21-60(8)(a) and 21-113, table of uses.

(Ord. of 1-19-98, § XII; Amend. of 9-3-19; Amend. of 6-21-21)

Construction trailers may be used in conjunction with construction projects provided that:

(1)

The trailers are located on a building site where there is a valid building permit for a project on that site.

(2)

The trailer remains on the site for the duration of the building project.

(Ord. of 1-19-98, § XII)

Temporary uses are allowed subject to the following requirements:

(1)

Certain uses of a temporary nature, defined as being less than forty-five (45) days in duration and held no more than five (5) times a year, including, otherwise not permitted in a particular district:

a.

Christmas tree sales;

b.

Religious activities;

c.

Activities by civic organizations;

d.

Yard sales;

e.

Other similar uses.

(2)

Other temporary uses not listed may be granted by the board of commissioners. In considering approval of a temporary use, the board may attach reasonable and appropriate conditions to ensure that the public health, safety and welfare are protected. The approval of a temporary use shall be in accordance with the following:

a.

The proposed use will not endanger the public health, safety and welfare;

b.

The proposed use will not have a substantial negative impact on the adjoining properties;

c.

The use will be approved for a specific period of time, not to exceed two (2) years unless deemed necessary by the board of commissioners in accordance with section 21-11. Extension of the temporary use beyond the approved time shall require approval of the board of commissioners in the same manner as the original.

(3)

Type I, II, and III manufactured homes with skirting as provided by section 21-276 may be approved for certain temporary use by the zoning administrator, contingent on a documented need. Temporary uses may be approved for:

a.

A temporary residence during construction of a dwelling. Documentation shall be provided that the construction of the dwelling will commence and be completed within a reasonable time. In no situation shall this temporary use be granted for more than twenty-four (24) months.

b.

As a temporary residence for a medical hardship. This use shall be allowed for the duration of the medical hardship.

When the situation resulting in the temporary use no longer is needed, or the time period allowed expires, the subject manufactured home shall be removed or made a conforming use.

(4)

Temporary family health care structures, as defined by this ordinance, may be permitted as an accessory use in accordance with section 21-113 subject to the following standards:

a.

The structure must be used by a caregiver or a named legal guardian in providing care for a mentally or physically impaired person on property containing the caregiver or legal guardian's residence or on property owned by the caregiver;

b.

Subject to principal structure setbacks listed in section 21-84;

c.

Only one temporary family health care structure shall be allowed on a lot or parcel of land and may not contain a permanent foundation;

d.

Application for a temporary family health care structure must include a doctor's certification identifying the mentally or physically impaired person's need. Subsequent annual certifications are necessary to maintain the structure's status as a qualified temporary family health care structure; and

e.

The temporary health care structure shall be removed within sixty (60) days of the mentally or physically impaired person no longer receiving or is no longer in need of the assistance provided for in this section.

(Ord. of 1-19-98, § XII; Ord. of 2-1-99(1); Amend. of 3-7-05; Amend. of 9-6-11; Amend. of 4-21-14; Amend. of 9-6-16)

Editor's note— Section 21-282 was automatically repealed 18 months from April 20, 1998. Said section has been deleted at the direction of the county.

Manufactured home park districts, as defined by this chapter, shall be maintained in a neat and orderly manner. This shall include but not be limited to maintenance of adequate roads and drainageways, yards, trees and shrubs. Specific standards are as provided below.

Manufactured home parks shall comply with the following criteria. Separate standards are established for manufactured home parks registered under the county manufactured home park ordinance as existing or otherwise zoned MHP in the initial adoption of county-wide zoning, manufactured home parks created or expanded under the county manufactured home park ordinance between December 15, 1989, and February 15, 1998, and manufactured home parks created or expansions of manufactured home parks as provided in this chapter. The following subsections prescribe manufactured home park standards for which compliance is required and the time allowed to come into compliance with a specific requirement. Time allowed to come into compliance with specific items varies and is provided with each requirement. A park will be in violation of this chapter if the individual specifications are not met within the required time. In addition to enforcement procedures provided otherwise in this chapter, zoning permits will not be issued for manufactured home parks in violation of this section. All manufactured home parks will be inspected biannually to determine compliance with these standards.

(1)

Manufactured home parks existing prior to the adoption of the county manufactured park ordinance adopted on December 15, 1989, or which were otherwise zoned as manufactured home parks are subject to the following standards:

a.

Internal streets. Internal streets must maintained in good condition either hard surfaced or graveled. Repairs are required to be of the same material as the existing internal street. If the street is gravel then all repairs shall be a minimum of six (6) inches of compacted gravel. If the street is paved the repair shall be a minimum of four (4) inches of compacted stone as base and paved. (Compliance required within one (1) year.) Roads shall be free of potholes, rough surfaces and ponding of water. (Compliance required within six (6) months.)

b.

Parking. Each manufactured home space shall have a minimum four hundred (400) square feet of graveled or paved parking. On-street parking is allowed. (Compliance required within six (6) months.)

c.

Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This shall include but not be limited to appliances and furniture not designed for outdoor use. (Compliance required within six (6) months.)

d.

Drainage. Property is required to have adequate drainage facilities which will keep their premises free from standing water and permit the natural flow of water across and off the site. Internal streets are to be equipped with adequate drainage. (Compliance required within one (1) year.)

e.

Trash disposal. The owner of the park shall provide one (1) of the following methods:

1.

Provision of centralized trash dumpsters; or

2.

Provision of individual covered trash containers, picked up at least once a week. (Compliance required within six (6) months.)

f.

Street signs and addressing. Park name and address sign shall be provided at the main entrance, which shall be clearly visible from the publicly maintained road. All numbering shall comply with the county addressing ordinance. (Compliance required within six (6) months.)

(2)

Manufactured home parks created or expansions of manufactured home parks approved as provided by the county manufactured park ordinance between December 15, 1989, and February 15, 1998, are subject to the following standards:

a.

Internal streets. Internal streets shall be kept free of potholes, rough surfaces and ponding of water and are required to be maintained to one (1) of the following standards:

1.

The internal street must be an eighteen-foot wide gravel road with six-inch base; or

2.

Sixteen-foot wide paved road, four-inch base.

(Compliance required within thirty (30) days.)

b.

Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This shall include but not be limited to appliances and furniture not designed for outdoor use. (Compliance required within thirty (30) days.)

c.

Drainage. Property is required to have adequate drainage facilities which will keep their premises free from standing water and permit the natural flow of water across and off the site. Internal streets are to be equipped with adequate drainage. (Compliance required within thirty (30) days.)

d.

Trash disposal. The owner of the park shall provide one (1) of the following methods:

1.

Provision of centralized trash dumpsters; or

2.

Provision of individual covered trash containers, picked up at least once a week.

(Compliance required within thirty (30) days.)

e.

Park identification sign. A park identification sign is required. (Compliance required within thirty (30) days.)

f.

Street signs and addressing. Park name and address sign shall be provided at the main entrance, which shall be clearly visible from the publicly maintained road. All numbering shall comply with the county addressing ordinance. (Compliance required within thirty (30) days.)

g.

Screening. Required adjacent to all developed properties. For the purposes of this subsection, a developed property is one with at least one (1) principal structure located within three hundred (300) feet of the manufactured home park property line used for a residential, commercial, governmental, institutional, or industrial purpose. The required buffer is fifteen (15) feet wide, evergreen shrubs five (5) feet apart and six (6) feet high or equivalent as approved by the zoning administrator. (Compliance required within thirty (30) days.)

(3)

Manufactured home parks created or expansions of manufactured home parks approved as provided by the county zoning ordinance are subject to the following standards:

a.

Maintenance of facility. The manufactured home park or expansion approved as provided by this chapter shall maintain the development to the standards required as a condition of approval of the development. (Compliance required within thirty (30) days.)

b.

Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This shall include but not be limited to appliances and furniture not designed for outdoor use. (Compliance required within thirty (30) days.)

c.

Drainage. Property is required to have adequate drainage facilities which will keep their premises free from standing water and permit the natural flow of water across and off the site. Internal streets are to be equipped with adequate drainage. (Compliance required within thirty (30) days.)

(Ord. of 2-1-99(1); Ord. of 8-20-01)

This section provides specific exceptions for location of manufactured homes not otherwise provided by this chapter.

(1)

Placement of manufactured homes on existing lots. Notwithstanding other provisions of this chapter, including standards contained in the "table of uses," Type II and Type III manufactured homes may be placed on lots of record or in a subdivision for which the planning department has received a complete preliminary plat or final plat application as provided by the county subdivision ordinance, existing prior to June 8, 1999. All applicable requirements, such as skirting requirements, setbacks, etc of the underlying district and as provided otherwise shall apply. The types of manufactured homes allowed in each district as provided by this section are as follows:

a.

RA District: Type II and Type III.

b.

RR District: Type II.

c.

CBI District: Type II and Type III.

d.

MFR District: Type II and Type III.

(2)

Placement of manufactured homes in family manufactured home parks. Location of manufactured homes is allowed in family manufactured home parks as provided below:

a.

The proposed park is located on a lot or lots of record existing prior to June 8, 1999.

b.

The proposed park meets the requirements of section 21-56.

c.

The manufactured home type is in compliance with subsection (1) above.

(3)

Placement of manufactured homes in family subdivisions. Location of manufactured homes is allowed in family subdivisions as provided below:

a.

The family subdivision is defined and approved as provided in the county subdivision ordinance.

b.

The intent of the family subdivision is for occupancy and/or purchase of the lots by members of the immediate family and not for the sale, rental or occupancy of the lots by persons not members of the immediate family of the property owner.

c.

The manufactured home type is in compliance with subsection (1) above.

(4)

Temporary uses. Location of manufactured homes is allowed for temporary uses as provided by this chapter.

(Ord. of 6-7-99; Amend. of 4-21-14; Amend. of 6-21-21)

Accessory structures in the RA, RR, RS, MHP and MFR zoning districts shall conform to the following regulations, unless otherwise provided in this chapter:

(1)

Accessory structure footprints, including those used as RHOs, shall not exceed ten (10) percent of the size of the lot on which it is located.

(2)

Setbacks shall be based on building size as provided in the following table:

(3)

Accessory structures shall not be allowed in the required front setback.

(4)

These regulations shall not apply to fences, mailboxes, landscaping features, gazebos and similar structures.

(Ord. of 3-18-02(4); Amend. of 3-5-12; Amend. of 9-3-19; Amend. of 6-21-21)