In order to achieve the purposes of this ordinance as set forth, all property within the jurisdiction of Shelby is divided into districts with the designations and purposes listed in subsections 9-1.1 through 9-1.6. The minimum lot size specified for each zoning district in the descriptions below is the general requirement. Where public water and/or public sewer service is not available, a larger minimum lot size may be required by the Cleveland County Health Department, particularly if the lot is located within a designated public water supply watershed. See article X for specific requirements for properties located within a watershed protection overlay district.

9-1.1.

Residential districts.

(A)

R20 residential district. The R20 residential district is primarily intended to accommodate very low density single-family detached dwellings, modular homes, two-family dwellings, and manufactured homes on individual lots in areas that generally do not have access to public water supplies and are dependent upon septic tanks for sewage disposal. Maximum densities within the R20 district are approximately two dwelling units per gross acre for single-family and two-family dwellings. Manufactured home parks are permitted within the R20 district by special use permit 2. Nonresidential uses permitted within this district include customary accessory, recreational, educational, and institutional land uses that are compatible with the low-density residential character of the R20 district.

(B)

R10 residential district. The R10 residential district is primarily intended to accommodate low density moderate density single-family detached dwellings and modular homes at a maximum density of approximately four dwelling units per gross acre. Public water and sewer service is generally available in areas zoned as R10. Nonresidential uses permitted within this district include customary accessory, recreational, educational, and institutional land uses that are compatible with the low-density residential character of the R10 district.

(C)

R8 residential district. The R8 residential district is primarily intended to accommodate moderate density single-family detached dwellings, modular homes, and two-family dwellings. Maximum densities within the R10 district include approximately five dwelling units per gross acre. Public water and sewer service is generally available in areas zoned as R8. Nonresidential uses permitted within this district include customary accessory, recreational, educational, and institutional land uses that are compatible with the low-density residential character of the R8 district.

(D)

R6 residential district. The R6 residential district is primarily intended to accommodate a variety of high density single-family detached dwellings, modular homes, apartments, townhomes, and condominiums. Maximum densities within the R6 district range from approximately seven dwelling units per gross acre for single-family detached dwellings to over 19 dwellings per gross acre for multifamily dwellings. Public water and sewer service is generally available in areas zoned as R6. Nonresidential uses permitted within this district include customary accessory, recreational, educational, and institutional land uses that are compatible with the high-density residential character of the R6 district.

(E)

RR rural residential district. The RR rural residential district is primarily intended to accommodate very low density single-family detached dwellings and modular homes in rural areas within the city's extraterritorial jurisdiction that generally do not have access to public water supplies and are dependent upon septic tanks for sewage disposal. Maximum densities within the RR district are approximately two dwelling units per gross acre. Manufactured home parks and manufactured homes on individual lots are not permitted within the RR district. Nonresidential uses permitted within this district include customary accessory, recreational, educational, and institutional land uses that are compatible with the low-density residential character of the RR district.

9-1.2.

Residential-office district.

(A)

RO residential-office district. The RO residential-office district is primarily intended to accommodate high density multifamily residences; offices; public and institutional; business, professional, and personal services; and limited support retail businesses. Permitted residential uses include single-family detached dwellings, modular homes, apartments, townhomes, and condominiums. Public water and sewer service is generally available in areas zoned as RO. One of the objectives of this district is to encourage land uses that serve as an adequate buffer between intensive nonresidential uses and residential uses.

9-1.3.

Business districts.

(A)

NB neighborhood business district. The NB neighborhood business district is established as a district in which to allow small, limited retail service land uses that provide goods and services primarily to surrounding residential neighborhoods. Permitted residential uses include single-family detached dwellings, modular homes, apartments, townhomes, and condominiums. Residential uses are permitted at the same density and according to the same dimensional requirements as the R6 residential district. The major objectives of this district are to encourage the location of convenience retail establishments, professional services, and professional offices so as to be as compatible as possible with surrounding lower density residential uses; discourage intensive land uses which require large amounts of land area; and limit the location of large vehicular traffic-generating uses to major streets.

(B)

CB central business district. The CB central business district is primarily intended to accommodate a wide variety of commercial activities, particularly those that are pedestrian-oriented, in an intensive development pattern in the city's central business district (CBD). The regulations of this district are intended to preserve the general character and integrity of the current development in the CBD; encourage land uses which provide for a multi-purpose CBD including retail, offices, professional and personal services, entertainment, institutional uses, and living space; encourage land uses which do not require large amounts of outdoor use areas; encourage common or shared off-street parking; and encourage the continued use of land for governmental activities. Multifamily residential uses are permitted at the same density and according to the same dimensional requirements as the R6 residential district.

(C)

GB general business district. The GB business district is established as a district in which to accommodate a wide range of retail; business, professional, and personal services; office; and limited wholesale and warehousing uses. Areas zoned as GB are generally located on the fringe of the central business district and along major highway corridors. Residential uses are permitted at the same density and according to the same dimensional requirements as the R6 residential district.

(D)

GB2 general business district. The GB2 general business district is established as a district in which the permitted uses are identical to the GB district except that billboards (outdoor advertising signs) are not permitted in the GB2 district.

(E)

CPD corridor protection district. The CPD corridor protection district has as its major objectives to promote a sensitive conversion of vacant land to more urban uses; support development that is compatible with and enhances the visual attractiveness of the area; promote well-planned, economically viable development; ensure safe and efficient traffic flow; and avoid uncoordinated, strip development patterns. Residential uses are permitted at the same density and according to the same dimensional requirements as the R6 residential district.

9-1.4.

Industrial districts.

(A)

LI light industrial district. The LI light industrial district is primarily intended to accommodate limited manufacturing, warehousing, wholesaling, and related commercial and service activities which have little or no adverse impact upon adjoining residential, business, and industrial properties. The preservation of land for light industrial use is a major objective of the LI district. The LI district is intended to provide appropriate locations for light industrial uses in areas that are not adversely impacted by general or heavy industrial uses. Other land uses allowed within the LI district should be limited to those uses that support light industrial uses. Generally, retail and heavy commercial uses should be avoided in the LI district.

(B)

GI general industrial district. The GI general industrial district is primarily intended to accommodate a wide range of assembling, fabricating, manufacturing uses, and support retail and service uses. The GI district is established for the purpose of providing appropriate locations and development regulations for uses that may require special measures to ensure compatibility with adjoining residential or business properties.

9-1.5.

Conditional zoning districts.

(A)

Purpose and intent. The conditional zoning districts are established to allow the City of Shelby City Council to consider proposed uses and tailor the zoning to accommodate those uses and promote innovative design while addressing anticipated problems that may arise from the establishment of the proposed uses.

(B)

District. Each general use district set forth in sections 9-1.1, 9-1.2, 9-1.3, and 9-1.4 shall have a corresponding conditional zoning district.

(C)

Allowable use. No use shall be permitted within a conditional zoning district except pursuant to the conditions imposed as part of approval. The permitted uses shall be limited to those permitted in the corresponding base or general use zoning district unless otherwise restricted.

(D)

Zoning standards. The conditional district is not subject to all of the traditional ordinance standards. Instead, design elements are determined for the specific development and written into the zoning map amendment ordinance, which becomes law.

(E)

Site plan submittal. A site plan must be submitted with any conditional zoning district application and developed in accordance with the site plan approved by city council in the zoning map amendment ordinance.

9-1.6.

Overlay districts. Overlay districts establish certain area regulations that are in addition to those of the underlying general use or conditional districts. Property within a designated overlay district may be used in a manner permitted in the underlying general use or conditional district only if and to the extent such use is also permitted in the applicable overlay district.

(A)

FHO flood hazard overlay district. The FHO flood hazard overlay district is intended to set forth regulations which will protect people and property from the hazards of flooding. These regulations are specified in section 10-2.

(B)

AO airport overlay district. Reserved. The use of land within the Shelby-Cleveland County Regional Airport approach surface zones, horizontal surface zones, conical surface zones, and transitional surface zones established by airport zoning ordinance in appendix B of the City of Shelby Municipal Code shall be in accordance with such airport zoning ordinance.

(C)

WPO watershed protection overlay districts. The watershed protection overlay districts are intended to establish regulations for the protection of public drinking water supplies. The watershed protection overlay districts consist of two separate districts: the WCA overlay district and the WPA overlay district.

(1)

The WSIV critical area overlay district (WCA) consists of that portion of the First Broad River public water supply watershed designated by the North Carolina Environmental Management Commission which is located within the Shelby planning jurisdiction and which is located one-half mile upstream from a public water supply intake located directly in the First Broad River or the ridge line of the watershed, whichever comes first.

(2)

The WSIV Protected Area Overlay District (WPA) consists of those portions of the First Broad River public water supply watersheds designated by the North Carolina Environmental Management Commission which are located within the Shelby planning jurisdiction and which are located within ten miles upstream from and draining to the public water supply intake on the First Broad River or to the ridge line of the watershed, whichever comes first.

The boundaries of the areas included in the watershed overlay districts are delineated on the official zoning map as defined in section 9-2. Supplementary watershed overlay district standards are delineated in section 10-1.

(D)

Manufactured housing overlay districts. The manufactured housing overlay districts are intended to provide for alternative housing opportunities by allowing the placement of manufactured homes within specific defined areas which overlay the R10, R8, and R6 general zoning districts. Such overlay districts are designated R10MH, R8MH, and R6MH. The manufactured housing overlay districts are established pursuant to Article 19 of the North Carolina General Statutes, G.S. 160D-910. Supplementary manufactured housing overlay district standards are outlined in section 10-7.

(Res. No. 11-2007, § 1, 2-19-2007; Ord. No. 4-2021, § 1(Exh. A), 3-1-2021; Ord. No. 68-2024, Exh. A, 12-2-2024)

9-2.1.

Official zoning map. The Shelby Planning and Zoning Jurisdiction is hereby divided into zones, or districts, as established in section 9-1. The official zoning map is the latest copy of the digitized zoning map as produced and maintained by the Shelby Planning Services Department.

9-2.2.

Map certification. The Official Zoning Map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the City of Shelby, together with the effective date of this ordinance.

9-2.3.

Map changes. If changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map. Amendments to the official zoning map shall be made utilizing the same procedures that apply to text amendments, as set forth in article VIII. Specific public hearing notice requirements are, however, delineated in article VIII for map amendments.

9-2.4.

Unauthorized changes. No changes in zoning district boundaries shall be made on the official zoning map, except in conformance with the procedures set forth in this ordinance. Any unauthorized change shall be considered a violation of this ordinance.

9-2.5.

Map location. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the Shelby Planning Services Department, shall be the final authority as to the current zoning of property within the city's planning jurisdiction.

9-2.6.

Map damage and replacement. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a replacement official zoning map which shall supersede the prior official zoning map. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.

9-2.7.

Replacement of official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The replacement official zoning map shall be identified by the signature of the mayor, be attested by the city clerk, and bear the seal of the City of Shelby.

(Ord. No. 1-2006, § 1, 1-9-2006)

9-3.1.

Permitted use table.

(A)

Table of permitted uses. Within each zoning district indicated on the official zoning map and subject to all requirements and conditions specified in this ordinance, land, buildings, and structures shall only be used and buildings and structures shall only be erected which are intended or designed to be used for uses listed in the table of permitted uses, Table 9-3-1. In the appropriate columns of table 9-3-1 uses permitted by right in the various districts are indicated by a "Z", uses permitted by right subject to meeting additional development standards a set forth in article XI (Development standards) are indicated with a "D", uses requiring a special use permit from the board of adjustment are indicated by an "S2", and uses requiring a special use permit from the city council are indicated by a "S1". A blank space in the table indicates that the use is not permitted.

Z = Use permitted by zoning permit.

D = use permitted by zoning permit with development standards.

S1 = Special use permit required by city council.

S2 = Special use permit required by BOA.

(B)

Formulation of permitted use table.

(1)

The Standard Industrial Classification Manual - 1987 was utilized in the preparation of this table and shall be referred to as a guide for purposes of interpretation by the UDO administrator. SIC codes are used to refer to SIC classifications. Entries with 0000 in the Reference SIC column do not correspond to any classification in the SIC Manual.

(2)

When a use is not listed in the permitted use table, the UDO administrator shall classify it with that use in the table most similar to it. The SIC Manual shall serve as a guide in classifying any unlisted use. If the UDO administrator should determine that a use is not listed and is not similar to a use in the permitted use table, then said use is prohibited.

(3)

Rental and leasing of any commodity shall be permitted under the same classification and in the same districts as are sales of that commodity, unless rental or leasing of that commodity is listed separately in the permitted use table.

(4)

If an industrial plant or facility involves two (or more) manufacturing activities with different SIC codes on the same zone lot, the industrial plant shall be permitted only in those zoning districts where the more restricted activity is permitted. (For example, an industrial plant preparing canned peanuts and also manufacturing the cans is allowed in those zoning districts permitting can manufacturing.)

9-3.2.

Permissible uses not requiring permits. Notwithstanding any other provisions of this ordinance, no zoning, or special use permit is necessary for the following uses:

(A)

Streets.

(B)

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(C)

Any accessory building with a building dimension of 12 feet or less.

(D)

Farm buildings except for buildings on a bona fide farm used for nonfarm purposes and buildings used for feeder/breeder operations.

9-3.3.

Change in use.

(A)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

(1)

The change involves a change from one principal use category to another.

(2)

If the original use is a combination use, the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a combination use, the mixture of types of individual principal uses that comprise the combination use changes.

(4)

If the original use is a planned unit development, the relative proportions of different types of dwelling units change.

(5)

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center-combination use) has not changed.

(B)

A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(C)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

9-3.4.

Combination uses.

(A)

When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), then the permit authorizing the combination use shall be:

(1)

A special use permit 1 if any of the principal uses combined requires a special use permit.

(2)

A special use permit 2 if any of the principal uses combined requires a special use permit 2.

(3)

A zoning permit in all other cases.

(B)

When a combination use consists of a single-family detached residential subdivision that is not a planned unit development and two-family or multifamily uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

9-3.5.

Prohibited uses. Within certain overlay districts some uses are specifically prohibited. The following uses are prohibited in the overlay districts listed.

(A)

WSIV critical area overlay district: The following uses are prohibited:

(1)

New landfills;

(2)

New sites for land application of residuals; and

(3)

New sites for land application of petroleum-contaminated soils.

(B)

WSIV protected area overlay district: The following uses are prohibited:

(1)

No uses are prohibited.

(C)

FHO flood hazard overlay district: The following uses are prohibited in designated floodways:

(1)

Buildings, including manufactured homes; and

(2)

Any use that would cause any increase in base flood levels.

(D)

AO airport overlay district: Reserved.

(Ord. No. 38-2005, § 1, 11-21-2005; Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 40-2007, § 1, 8-20-2007; Ord. No. 21-2008, § 1, 5-19-2008; Ord. No. 32-2013, 9-16-2013; Ord. No. 12-2014, 3-17-2014; Ord. No. 16-2014, 4-7-2014; Ord. No. 4-2015, 2-2-2015; Ord. No. 13-2016, 3-21-2016; Ord. No. 8-2018, 2-19-2018; Ord. No. 45-2019, 7-15-2019; Ord. No. 59-2019, 9-16-2019; Ord. No. 24-2020, 7-20-2020; Ord. No. 16-2021, § 1(Exh. A), 4-19-2021; Ord. No. 42-2021, 11-15-2021; Ord. No. 68-2024, Exh. A, 12-2-2024)

Within the zoning districts as shown on the official zoning map all of the following requirements shall be complied with:

9-4.1.

Residential districts. Density and dimensional requirements:

(A)

The density and dimensional requirements for the residential and residential-office districts are found in Table 9-4-1.

Table 9-4-1. Table of Density and Dimensional Requirements Residential Districts
and Residential-Office District

* Single-family attached dwellings shall not have a required minimum lot size for each unit. The overall development of multiple shall adhere to the permissible density and all units shall be setback from property lines not part of the development as outlined in the above table. Single-family attached dwellings shall not have a required individual minimum lot width for the district in which the property is located.

¹  All building setbacks shall increase one foot for every foot in height in excess of 35 feet. Corner lots in R20 districts add five feet on the street side that is not the front yard. Corner lots in R10, R8, R6, and RO districts add ten feet on the street side that is not the front yard.

²  Through lots shall have front yard setbacks from all adjoining streets and side property setbacks. A rear setback shall not be required for through lots.

³  For property located within a watershed protection overlay district, see section 10-1 for additional maximum built-upon area requirements.

Note(s)—Setback distances shall be measured from the street right-of-way line or property line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it nor a building part allowed to encroach into a setback (see section 9-6.3). See section 9-6.8 for calculating setback distance for situations where no street right-of-way exists. Minimum lot width is measured at the building setback line.

(B)

Cluster development.

(1)

Cluster option: Cluster development may be used in any residential or residential-office zoning district which permits single-family uses if the tract to be developed is five acres or larger in area and is served by a public sanitary sewer system.

(2)

Development standards: The objective of the cluster option is to place the single-family detached houses in a development closer together and on smaller lots than would normally be permitted by the zoning district in which the development is located, and to place land which would otherwise have been included in private lots into public dedication or common area. The total number of lots permissible within a cluster development shall not exceed the maximum number of lots allowed if the tract were subdivided into the size of lots required by table 9-4-1.

(a)

When cluster development is employed, all lot size and other dimensional requirements for single-family detached dwellings are decreased to comply with all requirements of a smaller lot zoning district as delineated in table 9-4-2.

Table 9-4-2. Cluster Development

(b)

The sum of those areas placed into common area as open space, or those areas dedicated as public open space in excess of any required dedication for such purposes, shall not be less than fifteen percent of the total area of the development.

(c)

Common areas shall be located within the development to:

(i)

Preserve stands of trees, natural vegetation, lakes, steep slopes, historic sites or other significant features;

(ii)

Provide common green space in the development for aesthetic purposes and pedestrian use;

(iii)

Provide space for common recreation facilities and meeting places; or

(iv)

Provide buffering from adjacent land uses of higher intensity.

(d)

Common area for open space shall be of usable dimensions and shall be accessible to all homeowners in the development by means of sidewalks or walking trails.

(e)

Homeowners or property owners associations responsible for the maintenance and control of common access shall be established pursuant to section 15-5.

(f)

Any open space areas proposed for public dedication shall follow the applicable procedural requirements established by Shelby.

(3)

Cluster development in watershed protection overlay districts: Cluster development within all watershed overlay protection districts is allowed provided that the provisions of subsection 10-1.5 are met.

(C)

Zero side setback:

(1)

Zero side setback option: Zero side setback development may be used in any district which permits single-family uses if the development contains ten or more contiguous lots and is served by a public sanitary sewer system. Zero side setbacks and proposed building locations must be delineated on the approved subdivision plat.

(2)

Development standards:

(a)

Setbacks of zero feet are permitted only where the lots on both of the affected lot lines are part of a zero side setback development.

(b)

A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the zero setback lot line.

(c)

Whenever one side setback is zero, the minimum setback on the opposite side of the same lot shall be twice the minimum side setback required by this ordinance for the zoning district in which the development is located.

9-4.2.

Nonresidential districts.

(A)

Dimensional requirements for nonresidential districts: Dimensional requirements for nonresidential districts are shown in table 9-4-3.

Table 9-4-3. Table of Density and Dimensional Requirements Nonresidential Districts

¹

For property located within a watershed protection overlay district, see section 10-1 for minimum lot area and built-upon area requirements. See note # 1 below for residential uses.

²

Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district and the property line setback applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to comply with the property line setback applicable to the adjoining residential lot.

³

Through lots shall have front yard setbacks from all adjoining streets and side property setbacks. A rear setback shall not be required for through lots.

⁴

If located outside of a watershed protection overlay district and if public water and sewer service is available, there is no maximum built-upon area requirement. See section 10-1 for maximum built-upon area requirements for lots located within a watershed protection overlay district.

⁵

Whenever a lot has a common boundary line with a lot in a residential district, the building setback shall increase one foot for every foot in building height between 35 feet and 80 feet. No additional building setback is required for buildings greater than 80 feet in height.

NOTES:

1.

Permitted residential dwellings in nonresidential districts shall comply with the R6 density and dimensional requirements outlined in Table 9-4-1.

2.

Setback distances shall be measured from the street right-of-way line or property line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it nor a building part allowed to encroach into a setback (see section 9-6.3).

3.

Whenever a greater building setback is required by the North Carolina Building Code, such greater setback shall be applicable.

4.

See section 9-6.8 for calculating setback distance for situations where no street right-of-way exists.

(B)

Whenever a greater building setback is required by the North Carolina Building Code, such greater setback shall be applicable.

(Ord. No. 38-2005, § 2, 11-21-2005; Ord. No. 31-2010, 10-18-2010; Ord. No. 57-2017, 9-18-2017; Ord. No. 68-2024, Exh. A, 12-2-2024)

The following requirements are for customary accessory buildings and structures. Other accessory buildings and structures containing specific accessory uses listed in table 9-3-1 (Permitted use table) may have additional development requirements found in article XI, Development standards.

9-5.1.

Setback requirements.

(A)

Front yard: No encroachment in the front yard setback is permitted.

(B)

Side and rear yard: If the gross floor area (GFA) of the accessory structure or building is less than 600 square feet, the structure or building may be located five feet from a side or rear line. If the GFA is 600 square feet or greater, it must meet the setback requirements of the principal building(s).

9-5.2.

Location.

(A)

All districts: Accessory structures and buildings may be in front of the principal structure but in no case may they encroach in the front yard building setback.

(B)

All districts: No accessory structure or building except utility substations shall be erected in any easements.

9-5.3.

Height. The height of all accessory structures and buildings shall comply to the zoning district in which it is located.

9-5.4.

Accessory use area. Any nonresidential accessory use in a residential zoning district shall not exceed 25 percent of any of the following measures: building volume, floor area, land area, or any other appropriate measure of usage.

9-5.5.

Parking of recreational vehicles in residential areas. The parking of recreational vehicles (RVs) in the driveways of residential dwellings shall be considered an accessory use but in no case shall such RVs be occupied as temporary or permanent dwellings.

9-5.6.

Exception for water-dependent accessory structures. Water-dependent accessory structures such as piers, boathouses, docks, etc. are not required to conform to the setback requirements of subsection 9-5.1.

9-5.7.

Fences and walls. Fences are permitted in required setbacks according to subsection 9-6.3 (Encroachments into required setbacks), provided the requirements of this subsection are met.

(A)

Nothing in this subsection shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the North Carolina Building Code or Soil Erosion and Sedimentation Control requirements.

(B)

The following fence types are permitted in all zoning districts:

(1)

Masonry or stone walls;

(2)

Ornamental iron;

(3)

Chain-link or chain-link panel or slat weave;

(4)

Wood; or

(5)

Similar materials.

(C)

The following fence types are prohibited:

(1)

Fences constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock;

(2)

Fences carrying electrical current, except for the purpose of enclosing livestock;

(3)

Fences constructed of readily flammable material such as paper, cloth, or canvas;

(4)

Fences topped with barbed wire or metal spikes in residential districts, except those serving a public institution for public safety or security purposes; and

(5)

Fences constructed of concertina wire.

(D)

Fences shall be maintained in a safe manner plumb (vertical) to the ground. Fences no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement, or otherwise shall be repaired, replaced, or demolished.

(E)

Fence height.

(1)

Residential uses: No fence shall exceed four feet in height within fifteen feet of any public or private street right-of-way. Otherwise, no fence shall exceed eight feet in height.

(2)

Recreational, agricultural, and mining uses: No fence shall exceed eight feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines. Otherwise, no fence shall exceed 15 feet in height.

(3)

Commercial, industrial, institutional, office, or other nonresidential uses: No fence shall exceed eight feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines.

(4)

Exceptions: Fence height limitations do not apply to fences built in conjunction with electric or gas substations; municipal solid waste disposal facilities; water or sewage treatment plants or facilities; municipal water storage facilities; public correctional and mental institutions; military facilities; or hazardous or radioactive waste storage or disposal facilities.

(5)

Measurements:

a.

Fence height shall be measured at the highest point, not including columns or posts, of the fence section as measured from the grade on the side nearest the abutting property or street.

b.

Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates.

c.

As measured in subsection a. above, any retaining wall or berm below the fence shall be considered as part of the overall height of the fence. Safety railings required by the North Carolina Building Code shall not be included in height measurements.

(F)

Other fence requirements.

(1)

Obstruction of view: No fence shall be placed or retained in such a manner as to obstruct vision at any intersection with public or private streets.

(2)

Obstruction of access: No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls except where fences project from a building wall.

(3)

Obstruction of drainageway: Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch.

(4)

Orientation of barbed wire: On fences topped with barbed wire, the bottom strand must be at least six feet above grade.

(5)

Within utility easements: No fence shall be located within a utility easement without review and approval by the electric utility provider and the city engineer.

(6)

Within required planting areas: The setback of fences within a required planting area shall be subject to the approval of a landscaping plan.

9-6.1.

Structures permitted above height limits. Except as otherwise prohibited by this ordinance, the height limitations of this ordinance shall not apply to public buildings, church spires, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power transmission towers, silos, grain elevators, chimneys, smokestacks, derricks, conveyors, flag poles, radio, television and communication towers, masts, aerials and similar structures, provided such structures meet the required North Carolina Building Code.

9-6.2.

Prevailing front yard setback. Where 50 percent or more of the lots in a recorded subdivision on the same side of the street as the lot in question are developed with less than the required front yard setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.

9-6.3.

Encroachments into required setbacks.

(A)

Encroachments permitted in required setback. The following are permitted in required setbacks provided there is no interference with any sight area:

(1)

Landscaping features, including but not limited to, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths;

(2)

At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, HVAC equipment, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells, and fences or retaining walls;

(3)

Handicapped ramps.

(4)

Water-dependent structures.

(B)

Structures permitted in required setbacks. The following structures may encroach into any required setback:

(1)

Cornices, steps, overhanging eaves and gutters, window sills, bay windows or similar architectural features, chimneys and fireplaces, fire escapes, fire balconies, and fire towers may project not more than two and one-half feet into any required setback, but in no case shall be closer than three feet to any property line; and

(2)

Porches and decks may encroach into the required front and rear setbacks as follows:

(C)

Canopy projections. Gas station and convenience store pump island canopies may be located in the front setback provided that no equipment or part of a canopy is located closer than 12 feet to a street right-of-way.

9-6.4.

Easement and right-of-way encroachments.

(A)

Utility easements. In addition to the lines, boxes, structures, and substation buildings for which utility easements are intended, fences without foundations may be located within utility easements.

(B)

Drainage maintenance and utility easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements with the approval of the utility provider having jurisdiction over the easement.

(C)

[Responsible party.] The repair and replacement of an encroachment structure damaged by the utility provider is the responsibility of the person(s) owning the encroachment structure.

(D)

Public street rights-of-way. No structure nor landscaping plantings may be placed within a public street right-of-way without the express approval of the public entity having jurisdiction over the right-of-way.

9-6.5.

Setbacks from thoroughfares. Where proposed street alignments have been established, in accordance with an adopted thoroughfare plan, building setbacks shall be measured from the future right-of-way line of the proposed street.

9-6.6.

Setbacks from private streets. Building setbacks from approved private streets shall be the same distance as specified in table 9-4-1 or table 9-4-3 but shall be measured from the private street right-of-way, private street easement, or the boundary line of the common area reserved for the private street.

9-6.7.

Setbacks on flag lots. The "flagpole" portion of this type of lot shall not be used to calculate building setbacks.

9-6.8.

Setbacks where no rights-of-way exist. In situations where no street right-of-way exists, the setback from the street shall be calculated by adding 30 feet to the applicable front yard setback required in table 9-4-1 or table 9-4-3.

9-7.1.

Principal buildings per lot. Every building hereafter erected or moved shall be located on a buildable lot and in no case shall there be more than one principal residential building and its accessory buildings on a lot except as provided below.

(A)

Nonresidential group development. Two or more principal nonresidential buildings are permitted on a lot pursuant to a site plan approved by the UDO administrator, provided that an access driveway is maintained to each building in passable condition for service and emergency vehicles. Buildings must be separated at least twenty feet apart.

(B)

Residential group development. Two or more principal buildings are permitted in a multifamily development pursuant to a site plan approved by the UDO administrator, provided that an access driveway is maintained to each building in passable condition for service and emergency vehicles. Buildings must be separated at least 20 feet apart.

(C)

Manufactured home park. More than two principal buildings are permitted in a manufactured home park pursuant to a site plan approved in accordance with the provisions of subsection 11-1.44.

(D)

Two or more single-family structures on a single tract. Two or more principal single-family residences are not permitted on a single, unsubdivided tract, other than accessory dwelling units that meet the provisions of this UDO.

9-7.2.

Street access requirements.

(A)

Access to public street required. Every lot shall abut and have direct access to a publicly maintained street, except as provided for in this section. No building or structure shall be constructed, erected, or placed on a lot that does not abut and have direct access to a publicly maintained street, except as provided in this section.

(B)

Dead-end streets. For purposes of this section the terminus of a dead-end street does not provide the required access to a publicly maintained street unless that terminus is a circular turnaround or other turnaround approved and constructed in conformance with article XV (Subdivisions: procedures and standards).

(C)

Single-family detached cluster development. Private streets may be used to meet access requirements for lots in single-family detached cluster developments and for single-family lots in planned unit developments, provided the development as a whole abuts and has direct access to a publicly maintained street.

(D)

Townhouse and condominium developments. Individual parcels shall have right of access through common areas containing private streets and/or private drives at least 24 feet in width leading to a publicly maintained street. Individual parcels may have direct access to a publicly maintained street with approval from the city engineer.

(E)

Manufacturing home park. Manufactured home park lots or spaces developed in accordance with subsection 11-1.44.

(F)

Nonresidential group development. Individual parcels, whether leased or sold, in a group development shall have shared rights of access along private streets and/or along private drives at least 24 feet in width leading to a publicly maintained street. Maintenance of all private streets and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an owners' association, or all owners acting collectively pursuant to a binding agreement.

(G)

Exceptions. Special-purpose lots may provide access via easement in accordance with section 9-9 (Special purpose lots) and lots meeting the access requirements of subsection 15-7.2(F).

9-7.3

Group development.

(A)

Parking and landscaping. A nonresidential group development shall be treated as a single lot for purposes of providing required off-street parking and required planting yards, even if outparcels for sale are included within the development.

(1)

If the entire development meets the total off-street parking requirement, it is not required that each parcel provide all the required parking for the use thereon.

(2)

If required buffer yards are provided along the development perimeter, including street frontages, and requirements for parking lot planting are met, buffer yards are not required along property lines and lease lines between two parcels within the group development.

(B)

Plat and notice requirements. If the owner of a development elects to organize it in an group development, a plat shall be recorded displaying a prominent note identifying it as such and explaining that the property must be developed with common driveways and off-street parking and be subject to a common signage plan and a common landscaping plan. The note shall further state that should the property cease function as a group development, the property will then be in violation of this ordinance and shall be retrofitted with conventional parking and landscaping, even if doing so requires the removal of previously installed improvements.

(C)

Uniform design plan. Exterior building materials, roof pitches, colors, awnings, signs, and outdoor lighting used in a group development shall be coordinated so as to provide a uniform design scheme for the entire development. The uniform design plan shall be submitted for review at the time of site plan submission. The uniform design plan shall include drawings, specifications, dimensions, and maps.

9-7.4.

Water and sewage disposal requirements. Every lot shall be served by a water supply system and a sewage disposal system that (i) is adequate to accommodate the reasonable needs of the proposed use of the lot and (ii) complies with all applicable City of Shelby and county health department regulations.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

9-8.1.

Single lot. No lot shall be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard, or signage requirement of this ordinance is created, nor shall any existing nonconformity or violation be increased.

9-8.2.

Buildable lot. Where two or more contiguous lots in one ownership collectively form a buildable lot, that lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard, or signage requirement of this Ordinance is created, nor shall any existing nonconformity or violation be increased. An instrument of combination (or similar document or procedure) shall be prepared and recorded where two or more contiguous lots in one ownership collectively form a buildable lot.

9-8.3.

Exemption. These prohibitions shall not apply to county, municipal or state acquisition of land.

Requirements of this article with respect to street frontage, minimum lot area, and minimum lot dimensions shall not apply to lots for family or church cemeteries, sewer lift stations, and similar utility uses. such lots shall comply with the requirements below.

9-9.1.

Minimum size. The special purpose lot shall be permitted only after the UDO administrator has determined that the proposed lot has sufficient dimensions to accommodate the intended use and, where required by this ordinance, buffer yards.

9-9.2.

Access easement. If the special purpose lot does not have direct access to a public street, an easement for ingress and egress with a minimum width of 20 feet shall be platted.

9-9.3.

Platting. The subdivision to create the lot shall be approved in accordance with article XV (Subdivisions: procedures and standards). The final plat shall label the lot as a "Special Purpose Lot for use as ________."

(Ord. No. 1-2006, § 1, 1-9-2006)

Editor's note— Ord. No. 68-2024, Exh. A, adopted Dec. 2, 2024, deleted § 9-10 entitled "Planned unit development district," which derived from: Ord. No. 1-2006, § 1, adopted Jan. 9, 2006; and Ord. No. 29-2010, adopted Oct. 18, 2010.

9-11.1.

Greenways definition.

A.

Greenways. A multi-use path on existing street rights-of-way or on a completely separated right-of-way or easement or parks, schools, or other publicly owned lands where a path is designated for the shared use of bicycles and pedestrians. The parking of any through traffic by motor vehicles is prohibited. Crossflows by motor vehicles and pedestrians when necessary to gain access to and from a public street or alley and/or a private driveway or other entranceway are permitted.

9-11.2.

Greenway paths required.

A.

All new development, except individual lot development of a single-family detached, duplex, or manufactured home dwellings on an existing lot (i.e., including subdivisions for such dwellings) shall be required to incorporate any greenway or sidepath:

a.

Called for,

b.

Across, or

c.

Adjacent to the development site on any plans adopted by the City of Shelby.

B.

Locations of any proposed greenways will be based upon any plans adopted by the City of Shelby. Such incorporation shall include, but not be limited to, installation of the path and recording of an associated pedestrian access easement.

C.

A fund in lieu will be required if the greenway or sidepath is not feasible or cannot be rerouted.

D.

All greenways or sidepaths must be constructed in accordance with the City of Shelby Standard Details.

9-11.3.

Payments of funds, or funds in lieu of land dedication, for acquisition or development of greenways paths or sidepaths.

A.

If land to be dedicated does not meet the requirements of section of 9-11.2 of this ordinance, or is not suitable for public recreation purposes, or if the recreational needs of the proposed development can be met by other greenway facilities by the City of Shelby within reasonable proximity to the development, then a fund in lieu may be submitted.

B.

The developer must demonstrate to the planning director that the required greenway qualifies for the fund in lieu program by:

a.

Showing topographical or other environmental challenges that cannot currently be overcome;

b.

That the development is not currently connected to the greenway and pedestrian network and will not be connected in the future; or

c.

That the development is served by existing greenway or pedestrian facilities.

C.

Recommendations regarding payment of funds in lieu of greenway construction will be made by the City of Shelby at the time of development approval. The fee amount will be calculated by the city engineer.

D.

A pedestrian access easement will also be required to be submitted with the fund in lieu if the development qualifies for the fund in lieu of future greenway construction.

(Ord. No. 39-2021, 10-18-2021)