The town council recognizes: (a) that many older buildings within the town were originally designed and used as single-family homes; (b) that some of the more architecturally significant of these buildings are located along a few major thoroughfares; and (c) that many of these buildings may serve a better purpose if limited modifications are allowed to their existing residential use. Accordingly, the neighborhood conservation district (NCD) is intended to promote and encourage the preservation of such structures by permitting limited modifications of their use provided that, after modification, their existing exterior architectural qualities are maintained and the residential qualities of the neighborhood in which they are located are not impaired. The focus of the regulations of the NCD will be on preserving buildings that were originally built and used as single-family dwellings but which because of their location, changed conditions and economics, they are experiencing pressures to be converted to other uses.

(Ord. of 12-11-00)

The neighborhood conservation district, which is to be known by its short title of "NCD," is hereby established as an overlay zoning district within the zoning ordinance of the town. The NCD is designed to promote the conservation and preservation of the residential qualities within the district by establishing standards to guide construction, remodeling, rehabilitation, change of use or other building modifications.

(Ord. of 12-11-00)

The boundaries of the neighborhood conservation district contain all of those parcels that front on east side of Mecklenburg Avenue between Franklin Street and High Street, also all those parcels that front on west side of North Mecklenburg Avenue from 401 to 501 North Mecklenburg Avenue as depicted on the Mecklenburg County Tax Maps. Subsequent additions to these boundaries shall be established on the official zoning district map, created in article III of this chapter, after amendments to this chapter as provided for in article XVI.

(Ord. of 12-11-00; Ord. of 12-10-07(2))

The regulations set out in this article are intended to supplement, extend or restrict the regulations as the case may be of the underlying primary zoning district in order to accomplish the purposes of the NCD. Unless specifically modified or extended in the NCD, all regulations of the underlying primary district continue in force. In the event that there is a conflict between the application of the regulations of the underlying primary district and those of the NCD, an owner may request an interpretation from the board of zoning appeals as to the application of the regulations to a specific use or building or site.

(Ord. of 12-11-00)

(a)

General standards applicable to all building conversions or remodeling.

(1)

No external modification may be made to an original single-family dwelling building or its site that would substantially change the character of the original residential building or that of the predominantly residential neighborhood in which it is located.

(2)

If modifications or change of use of a building generates a need for parking in addition to the amount provided on the existing site, a site plan shall be submitted showing how such additional parking is to be accomplished.

(3)

A vacant lot may be used only for a use permitted in the underlying primary zoning district except that specific commercial uses enumerated in this article may be approved as special exception uses under conditions set out in this article and procedures of article XVI.

(4)

No existing single-family residential building that lies within a single-family zoning district and is less than 25 years old, may be modified by adding dwelling units or may be converted to an office or commercial use.

(b)

Remodeling of an existing single-family dwelling building. One additional dwelling unit may be established within an existing single-family dwelling building provided that:

(1)

The additional dwelling unit contains at least 500 square feet of floor space and at least a kitchen, bathroom, and one bedroom. For purposes of this item, "floor area" means the area equipped for living and excludes garages, attics and similar utility space.

(2)

Not less than one additional off-street parking space shall be provided on the same premises.

(3)

If additional external entrances or exits to the additional dwelling are required, they shall be designed so that the appearance and general character of the original building architecture is retained.

(c)

Remodeling to convert a residential building to a nonresidential use.

(1)

An existing single-family dwelling building may be converted to an office for the operation of a business or professional firm provided that:

a.

Off-street parking is provided in accordance with the requirements of article XI.

b.

Unless otherwise authorized as a special exception, the principal use of the building after remodeling shall be for offices and space customarily associated with the practice of a profession such as examining rooms, and drafting rooms.

c.

Retail sales are not permitted except as a minor accessory use to a permitted business or profession unless approved as a special exception use under conditions set out in this article and procedures of article XVI.

d.

Signs shall be limited to a nameplate sign not exceeding six square feet, mounted either to the face of the building near the entrance or hanging from a post near the entrance to the building. Signs shall be installed pursuant to the sign regulations in article XII so as to avoid creating a hazard to pedestrians and motorist.

(2)

An existing single-family dwelling building may be converted to a bed and breakfast facility provided that:

a.

The facility is operated by the resident family.

b.

The number of rooms available for overnight guests for compensation shall not exceed three.

c.

Not less than one off-street parking space shall be provided for each guest room.

d.

Except for limited breakfasts served to overnight guests, meals may not be served for compensation.

(3)

An existing single-family dwelling building may be converted to a retail specialty shop provided that:

a.

Retail uses shall be conducted entirely within an existing building and shall contain no external displays or advertising other than a single wall-mounted nameplate or a "shingle sign" not exceeding four square feet.

b.

Only the following uses shall be permitted and then only when an individual use is approved as a special exception use under article XVI.

Apparel shop.

Boutique.

Gift shop.

Pastry shop.

Teaching studio (music, or dance).

c.

Off-street parking is provided in accordance with the requirements of article XI.

d.

Other conditions may be imposed by the council that are consistent with the purposes of the neighborhood conservation district as set out in this article.

(Ord. of 12-11-00)

(a)

Application. An application for remodeling a residential building shall be filed with the zoning administrator along with a plan of conversion detailing the proposed alterations to be made in the building and the proposed use to be made of the building after the conversion. The detailed plans shall include the proposed changes in the floor plan, site improvements if any, signs and/or other features of the proposed conversion. If required by the zoning administrator, the plan of conversion shall include a site plan showing how parking and other site features are to be accomplished.

(b)

Review and approvals. Upon receipt of the application the zoning administrator shall review the proposal under site plan procedures in article X.

(c)

Appeals. If an owner or other affected person shall disagree with the determination made by the zoning inspector upon the advice of the site plan committee, an appeal may be made to the board of zoning appeals under procedures set out in article XVI.

(Ord. of 12-11-00)