Spindale City Zoning Code
DEVELOPMENT STANDARDS
§ 155.075 PERMITTED IF CERTAIN STANDARDS MET.
(A) If within the districts established by this chapter (or amendments that may be adopted later) there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which are prohibited under the terms of this chapter, such uses shall be termed “nonconforming uses”. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. However, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to be altered nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) After passage of this section, a nonconforming use or a nonconforming use of a structure shall not be extended or enlarged. The addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved, shall also be prohibited. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction; provided actual construction work is diligently carried on until the completion of the building involved.
(C) Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this section as enacted or amended, such use may be continued, subject to the following provisions.
(1) No such nonconforming use shall be enlarged nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment in this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) No nonconforming use may be changed to another nonconforming use.
(4) Where any nonconforming land, structure or use in part or in whole is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.
(5) If a nonconforming use of land ceases for any reason for a period of six months or more, that property may not again be used for a nonconforming use. The property shall conform to its district regulations from that time hence.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.076 TYPES OF NONCONFORMING USES.
(A) When a lot, structure or use legally exists prior to the adoption of this chapter but does not meet the requirements of this chapter, it is permitted to continue within the limits set forth in this section. Under such circumstances it is said to have “nonconforming” status.
(B) There are three types of nonconforming status.
(1) Nonconforming land. The lot or acreage is smaller than the minimum permitted in the district in which it is located.
(2) Nonconforming structure. The structure comes closer to the lot lines, is taller than or otherwise violates the minimum or maximum space requirements.
(3) Nonconforming use. The use to which land or structures is being put is not a principal, accessory or special use permitted in the district in which it is located. Uses in existence at the time of the adoption of this chapter which fall within the category of special use in the district in which they are located are automatically a special use and have the same status as if they had been approved by the Planning Board.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.077 ERECTION OF DWELLINGS ON LOTS OF RECORD.
The erection of a single-family dwelling shall be permitted on any residential lot of record which contains an area or width less than that required for a single-family dwelling in the district in which such a lot is located. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership on the effective date of this chapter. Variance of any district regulations besides area or width shall be obtained only through the action of the Board of Adjustment.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.078 EXISTING STRUCTURES.
(A) After the effective date of this chapter, pre-existing land or structures, or uses of land or structures which would be prohibited under the regulations for the district in which it is located, shall be considered as nonconforming.
(B) Nonconforming structures or uses may be continued, provided they conform to the following provisions.
(1) No such structure may be enlarged or altered in a way which increases its nonconformity.
(2) Should an industrial or commercial structure be destroyed by any means to an extent of more than 50% of its value prior to destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. However, should a residential structure be destroyed by any means the homeowner shall be allowed to rebuild as long as building setbacks are maintained, the reconstructed dwelling occupies the same building footprint as the destroyed dwelling, the reconstructed dwelling has the same square footage (plus or minus 10%) as the destroyed dwelling, and the reconstructed dwelling has been completed within a period of one year from the time it was destroyed. If any of these residential requirements cannot be met, the dwelling shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(4) In the case of a nonconforming use of a structure, if active operations are discontinued for a continuous period of six months, the nonconforming structure shall thereafter be occupied and used for only a conforming use.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.079 REPAIRS.
(A) On any building devoted in whole or in part to any nonconforming use, repairs and modernization are permitted provided the cubical content of the building, as it existed at the time that it became nonconforming due to adoption of or amendment to this chapter, is not increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of that official.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.090 PRINCIPAL RESIDENTIAL BUILDINGS.
No more than one principal detached single-family residence may be located on the same residential lot.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.091 HEIGHT LIMITATIONS.
The height limitations of this chapter appear in § 155.110 of this chapter. Height limitations shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; nor to monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, aerials and similar structures.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.092 FRONT YARD SETBACKS.
The front yard setbacks for each zoning district appear in § 155.110 of this chapter. However, the front yard setback requirements for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling, on the same side of the same block and use district, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or a distance often feet from the street right-of-way line, whichever is greater.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.093 REAR YARD SETBACKS.
The rear yard setbacks for each zoning district appear in § 155.110 of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.094 SIDE YARD SETBACKS.
The side yard setbacks for each zoning district appear in § 155.110 of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.095 SIDE YARD SETBACKS ON CORNER LOTS.
The side yard setbacks for corner lots in each zoning district appear in § 155.110 of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.096 VISIBILITY AT INTERSECTIONS.
On a corner lot in any residential district, no planting, structure, fence, wall or obstruction to vision more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on such street lines each of which is 25 feet distant from the point of intersection.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.097 PROHIBITED USES, SPECIAL USES.
Uses listed as an “X” in the Listed Uses Table are prohibited. Special uses are permitted according to additional regulations imposed (marked as “S”). Special uses may be approved by the Board of Adjustment following proper application under §§ 155.170 and 155.171. Additional special uses may be added to this chapter by amendment.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.098 MOBILE HOMES.
With the exception of permitted manufactured home parks, mobile homes shall be prohibited as permanent principal and accessory buildings in all zoning districts. This prohibition shall not apply to schools, construction site office facilities and storage of unoccupied mobile homes in their appropriate respective zoning districts.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.111 BUFFERING REQUIREMENTS.
Buffer strips shall be required of all industrial and commercial district uses where they abut land which is zoned residential. Buffer strips shall consist of natural or human-made materials which obstruct the view between parcels at a 90% or greater opaque level. Buffers shall not be less than six feet in height. The buffering requirement may be waived in isolated areas.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.140 GENERALLY.
This subchapter sets forth specific development criteria for certain land-uses within the town’s planning jurisdiction. These noted standards, as well as the required type of permit, are cross-referenced in § 155.125. To obtain the proper permit, all land uses noted hereafter must adhere to all of their respective development standards (referred to as “DS”) listed in this subchapter, as well as any other pertinent requirements in this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.141 HOME OCCUPATIONS.
(A) The home occupation shall be carried on by a member of a family residing on the premises.
(B) The business, occupation or enterprise may employ no one other than a resident of that home.
(C) No merchandise or commodity may be sold on the premises.
(D) No more than 25% of the total actual floor area of the home may be used for the home occupation.
(E) The home occupation shall be confined to the main building on the lot or premises and no structure shall be constructed, reconstructed or altered to permit the extension of the home occupation outside the main building.
(F) The MAIN BUILDING shall be defined to include the primary living quarters of a residence, excluding porches, decks, garages or other connecting structures to a residence not essential to the main living quarters.
(G) Tattoo parlors and/or body piercing shall not be permitted as a home occupation.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.142 TATTOO PARLORS, BODY PIERCING.
(A) No such business of either classification shall be located within 700 feet of any other such business of either classification, as measured in a straight line from property line to property line.
(B) No such business of either classification shall be located within 700 feet of a church, public or private elementary or secondary school, child day care or nursery school, public park, residentially zoned or residentially used property, or any establishment with an on-premises ABC license, as measured in a straight line from property line to property line.
(C) Ear piercing as a principal or accessory use shall not be subject to this classification and these provisions.
(D) Tattoo and/or body piercing operations shall not be considered as customary home occupations or accessory uses.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.143 YARD SALES.
(A) Consignment sales prohibited. No one shall accept or take in for sale, any goods from any commercial business or enterprise on a consignment basis for sale in a yard sale.
(B) Signs. Off-site directional signs may be permitted but only during the hours the sale is actively being conducted. No sign may be posted or affixed to a public utility pole. Off-site signs must be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day of the sale.
(C) Number limited. Not more than two such sales per year shall be held at the premises if occupied by the same family or any member of such family. Any sale lasting for any number of hours on any given day shall constitute a sale under this chapter.
(D) Hours. Yard sales and/or garage sales may be conducted during daylight hours only.
(E) Unowned premises. No yard sale or garage sale shall be permitted on premises not owned or controlled by the person(s) holding the sale. Any violation of this division (E) shall be referred to the Code Enforcement Officer for investigation of possible violation of the zoning regulations.
(F) Traffic congestion. No person and/or vehicle shall impede the normal movement of traffic on the public highways or street (North Carolina Motor Vehicle Law 20-174).
(G) Rules for commercial districts. Yard sales will be allowed in the Neighborhood Business, Central Commercial, General Commercial and Heavy Commercial/Industrial Zones at the rate of two per year. Only the business owner may hold a yard sale, and that business owner may sell personal as well as business items during the yard sale.
(H) Coverage. The provisions of this chapter shall not apply to or affect persons selling goods pursuant to an order of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials.
(I) Permit required. All persons wishing to have a yard sale must first get a yard-sale permit from the Town Hall and display that permit during the time of the yard-sale. Permits will be available at the Town Hall during normal business hours. Any yard sale without a permit shall be considered in violation of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022) Penalty, see § 155.999
§ 155.144 CHILD DAYCARES.
(A) A minimum of 200 square feet of usable outdoor play area is required for each child.
(B) Aggregate play space must be surrounded by a sturdy fence at least four feet in height.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.145 PLANNED UNIT DEVELOPMENT.
(A) The following types of planned developments are established.
(1) Planned business development.
(a) Minimum site size: five acres.
(b) This unit development will be permitted only in commercial districts.
(c) Uses permitted in the form of commercial development will be limited to convenience stores (drugs, food, personal services), professional offices, laundromats and retail stores. All auto-related services except service stations and recreational activities are prohibited.
(d) Off-street parking shall be provided at a ratio of three square feet of parking space for each one square foot of enclosed floor space. Service and loading areas shall be provided on the ratio of one space for each 10,000 square feet of enclosed floor area.
(e) The site plan shall include, in addition to those requirements in division (A)(1)(c) above, the following:
1. All buildings and structures within 300 feet of the development area’s property lines and their uses;
2. Proposed schedule of development, including stages likely to be followed;
3. Proposed provision for storm and sanitary sewerage (approved by the Public Works Director), proposed treatment of ground cover, slopes, banks and ditches;
4. Any signs erected shall be in a uniform plan throughout the development;
5. Site location for this type of development, if located on a major thoroughfare, shall have access at least 150 feet from highway intersections to minimize traffic hazards, inconvenience, and congestion;
6. Points of access and egress shall consist of driveways that meet the current minimum standard as listed in the subdivision regulations;
7. Parking areas shall be paved with spaces and traffic lanes clearly marked;
8. No more than 25% of the total area shall be in buildings; and
9. Screening and other forms of separation shall be required so that surrounding residential properties are protected.
(2) Planned housing development.
(a) Minimum site size: two acres.
(b) The planned housing development area refers to land used for apartment complexes, public housing projects, townhouses, patio houses, duplexes, cluster housing and similar residential developments. Detached single-family units are not included.
(c) This use is permitted only in the Residential-6 Districts.
(d) Off-street parking shall be provided on a ratio of one and one-half spaces per dwelling unit.
(e) Specific open space for recreation purposes shall be permanently assigned for that purpose. Such areas shall be fenced off from streets and driveways by the developer.
(f) No more than four units shall be attached to one another in a straight line without in indentation in the front wall of the next two units or continuation of the complex in another separate building.
(g) Buildings in the planned housing development shall maintain 30-foot side yards between buildings and open areas of 80 feet between the back walls of two opposite dwelling units.
(h) Landscaping and other forms of screening or fencing shall be included, when deemed necessary by the Planning Board, to buffer the planned development from surrounding residential areas.
(B) The land in a planned unit development shall be under single ownership or management or proper assurances shall be provided that the project can be successfully completed. Owners of all property involved should apply as required.
(C) Prior to any construction, the preliminary site plan for a planned unit development shall be submitted to the Planning Board for review by owners of all the property involved. The Planning Board may approve or reject the proposal or make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control and setback of buildings to protect adjoining residential lots or uses. Approval will be given only after holding a public hearing.
(D) The applicant must resubmit the plan for final approval if changes in the plan were so directed. If the plan is rejected, the applicant will not receive consideration of the same plan nor of the same location for a period of 12 months.
(E) After receiving approval of the plan with all modifications incorporated, the applicant shall submit a final site plan in the form of a final plat. The final plat is necessary prior to issuance of zoning permit(s).
(F) The final plan, along with written approval and conditions of the Planning Board, shall show the following:
(1) The proposed title of the project and the name of the engineer, architect, landscape architect or designer, and developer;
(2) North arrow, scale, date, existing zoning district boundaries, property lines, streets and surrounding existing buildings, proposed streets and buildings in the development area, existing easements, and contours at no greater than two-foot intervals;
(3) General location, height, dimensions and use of proposed buildings, access and egress; location and height of screens, planting, fences, walls and plantings; and location and total spaces in off-street parking areas. Identification of surface treatments shall also be shown;
(4) A tabulation of the total number of acres in the project and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, off-street parking, streets, play areas, open space, and other uses; and
(5) A tabulation of the total number of dwelling units of various types in the project.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.146 MANUFACTURED HOME PARK.
(A) Purpose. The purpose of the regulations expressed herein is to guide and regulate the development of manufactured home parks within the town in order to preserve the public health, safety and welfare and to require preparation and approval of a plan every time a manufactured home park is created or expanded. Specifically, these regulations are designed to provide for an adequately planned street system to avoid overcrowding of the land and extreme concentration of population; to secure safety from fire, panic and other dangers; to provide for adequate water and sewerage systems; to ensure against erosion, water and flood damage; to facilitate an orderly system for the design, layout and use of land. In order to achieve these goals the Town of Spindale shall not approve any manufactured home park where it has been determined through a proper investigation that such development will include or cause excessive flooding, poor drainage, soil slippage, inadequate soil conditions or other potentially dangerous, unhealthy conditions.
(B) Enforcement and penalties.
(1) The Zoning Administrator and Subdivision may revoke any and all zoning permits issued for a manufactured home park, should the developer not comply with the manufactured home park standards set forth in this chapter under an approved manufactured home park plan. The Zoning and Subdivision Administrator may revoke zoning permits in the manufactured home park until such time when the developer has brought the park into compliance with this chapter.
(2) Should a manufactured home park approved under the provisions of this section be found in violation of the provision set forth in this section, the owner or operator shall be notified in writing by the Zoning and Subdivision Administrator. The written notification shall state the specific violations and set forth time limits in which the violations shall be corrected. Should the owner or operator not correct the violations in the specified time limit, the Zoning Administrator shall notify the owner or operator by certified mail that a hearing is scheduled before the Zoning and Subdivision Administrator to consider whether the operating permit for the park should be revoked. The Zoning and Subdivision Administrator will render a written decision within five days of the hearing and will notify the operator by certified mail.
(3) Should the owner or operator of a manufactured home park in violation of this section correct said violations before the loss of the operating permit, the owner or operator shall request that the Zoning and Subdivision Administrator conduct an inspection of the park. Should said inspection indicate that the violations have been corrected, the Zoning Administrator shall notify the owner or operator that the operating permit will continue. If the violations have not been corrected, then the operating permit shall be revoked as stated in the notification.
(4) In cases where the operating permit for a manufactured home park has been revoked the following shall occur:
(a) The owner or operator shall not rent or lease any vacant spaces until violations have been corrected and the operating permit is reinstated.
(b) For spaces which are leased or rented and will be occupied by a manufactured home, the owner or operator shall cease to lease or rent these spaces at the end of the contract period shall not exceed one year from the date of the loss of the operating permit.
(c) The owner or operator shall notify each lessee of a space within the park, within ten days after receipt of written notification, that the operating permit has been revoked and that his or her lease shall be terminated at the end of the specific contract period. The owner or operator shall provide a signed statement by each lessee that notice from the owner or operator of the leased termination has been made.
(5) The owner or operator of a manufactured home park, which has lost its operating permit, may make application to the Zoning and Subdivision Administrator for reinstatement of the operating permit. The Zoning and Subdivision Administrator shall reinstate the operating permit, when the manufactured home park is in compliance with the regulations for which the operating permit was revoked, and the approved manufactured home park development plan approved by the town.
(6) A copy of this chapter shall be on display at the manufactured home park office and be readily available for occupants of the manufactured home park.
(C) Administration. Manufactured home parks which are in existence at the effective date of this chapter will become nonconforming uses, however, any addition, expansion or downsizing to an existing manufactured home park, or major improvement or change in an existing park; such as change in location, in size of spaces, or number of spaces; relocation of streets; relocation or addition of major utilities or other major changes shall be regulated under the provisions of this chapter. In the event that expansion, addition or downsizing occurs to an existing manufactured home park, the developer shall provide to the Zoning and Subdivision Administrator a layout of the existing manufactured home park including street patterns and space layouts to be used for informational purposes.
(D) Severability. Should any section of these regulations be for any reason held void or invalid by a court of law, it shall not affect the validity of any other section or provision herein which is not itself void or invalid, and to this end, the provisions of this chapter are hereby to be severable. Wherever the provisions of any other law, ordinance or regulation impose higher standards that are required by the provisions of this chapter, the provisions of such law ordinance or regulation shall govern.
(E) Conflict. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law except a provision of state or federal law, the provisions of this chapter shall control.
(F) Permits and procedures. No person may construct, maintain, occupy or operate a manufactured home park, unless a preliminary site plan for such a park has been reviewed by the Planning and Zoning Board and approved by the Town Board of Commissioners. Upon approval by the Town Board of Commissioners, a zoning permit may be issued by the Zoning and Subdivision Administrator, and construction of the park begins. No space may be leased or manufactured home in the park be occupied until a final plan of the manufactured home park has been reviewed by the Planning Board and approved by the Town Board of Commissioners. Upon approval of the final plan, an operating permit may then be issued for the park.
(G) Contents of preliminary and final site plan. Application to construct, develop, operate, alter or maintain a manufactured home park shall be made to the Zoning and Subdivision Administrator. The application shall consist of preliminary site plans and then the site final plans, which each include at least the following:
(1) Name of manufactured home park, name and address of owner, name and address of the registered engineer or land surveyor responsible for preparation of the site plan;
(2) A manufactured home park design drawn onto a site plan at a scale of one inch equals 50 feet;
(3) Date, north arrow and scale;
(4) Boundaries of manufactured home park property to include intersections and adjacent property with the boundary of the manufactured home park property and the names and addresses of all adjoining property owners;
(5) The plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems. Plans for water supply and/or sewage disposal must be accompanied by letters of preliminary approval by appropriate town, county and state authorities. The final plan must contain “as-built” drawings;
(6) Proposed streets, existing and platted streets on adjoining properties and in the proposed manufactured home park, right-of-way, pavement widths, approximate grades, design engineering data for all corners and curves and typical street cross sections. If any street is proposed to intersect with a state-maintained road, the plat shall be accompanied by an application for driveway approval as required by the North Carolina Department of Transportation, Division of Highway’s Manual on Driveway Regulations. The plan must contain “as-built” drawings;
(7) Outline of all existing and proposed buildings within the manufactured home park property with appropriate setbacks;
(8) Location of parking bays, patios, walkways, service and accessory buildings, utilities easements, utility poles and buffer screening areas;
(9) The locations of outlets for utilities connection to manufactured home;
(10) Indication of how future expansion will be made, if applicable;
(11) Location and quantity of refuse containers;
(12) Method and plan of sewage disposal in accordance with existing town, county and state regulations;
(13) Plan of water supply in accordance with existing town, county and state regulations;
(14) Plan of electric lighting; and
(15) In the case of land with irregular topographic features, show finished contours, and (by separate map or otherwise) existing contours.
(H) Development standards.
(1) Any site, tract of land or lot to be developed as a manufactured home park shall not be less than 15 acres in area, excluding street right-of-way, but including utility easements, have at least five manufactured homes, and shall be located on property that is zoned R-6.
(2) Two-way access streets within the site proposed shall have a pavement width of at least 20 feet. One-way access streets shall have a pavement width of no less than 18 feet. The construction and paving of these streets will be at the developer’s expense. Permanent or dead-end streets or cul-de-sacs shall not exceed 750 feet in length unless necessitated by topography and shall be provided with a turnaround of at least 80 feet in diameter. Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 60 degrees. Where a street intersects a highway, the design standards of the North Carolina Department of Transportation shall apply. Street jogs of less than 150 feet shall not be allowed. All streets shall have curbing and guttering for storm water drainage purposes. All manufactured home spaces shall have access to a street and there shall be no less than two off-street parking spaces per manufactured home site.
(3) Each manufactured home park shall conform to the following for park entrances:
(a) Fewer than 50 spaces shall have a minimum of one entrance;
(b) Fifty to 100 spaces shall have a minimum of two entrances; and
(c) Over 100 spaces an additional entrance shall be provided for each 50 spaces.
(4) All manufactured homes shall be properly set up in accordance with the manufacturer’s recommendations, in conjunction with the North Carolina Regulations for manufactured homes and the North Carolina Uniform Residential Building Code. In addition, all manufactured homes shall have a masonry skirting. Each manufactured home will be required to obtain the proper building permits prior to locating in the park.
(5) The manufactured home park shall be divided into spaces, the limits of which shall be clearly marked on the ground by permanent flush stakes or markers. No manufactured home space shall be occupied by any structure, park driveway, or common area or facility, other than:
(a) The manufactured home;
(b) Its related automobile parking spaces; and
(c) Utility storage.
(6) Every manufactured home park shall be located on ground that is above any probable flooding from any natural watercourse and shall be graded so as to prevent the accumulation or ponding of water on the premises.
(7) The minimum area of a manufactured home space shall be 6,000 square feet, and shall not have a width of less than 60 feet or a length of less than 90 feet at the narrowest point of the width or length. The setbacks for each manufactured home space shall be:
Front yard | 35 feet |
Rear yard | 20 feet |
Side yard | 15 feet |
(8) No manufactured home or other structures within a manufactured home park shall be closer to each other than 30 feet, except that storage or other auxiliary structures for the exclusive use of the manufactured home may be closer to the manufactured home than 30 feet.
(9) No manufactured home or other structure shall be located closer than 20 feet to an exterior boundary of the park or a bounding street right-of-way.
(10) All manufactured home spaces shall abut upon a paved street.
(11) At least 10% of the gross land area of the manufactured home park shall be designed and developed as a recreation area. Recreation areas shall be located so as to be free of traffic hazards and easily accessible to the park residents.
(12) A densely planted buffer strip consisting of trees, shrubs, other planting or screen fence at least ten feet in height shall be provided along the rear and side lines of the manufactured home park, or park property. No such buffer shall, however, be upon or extend into a street right-of-way. Trees shrubs or other plants to be used for a buffer shall be approved by the Zoning Administrator.
(13) The site proposed will provide street lighting in accordance with town policies.
(14) In every manufactured home park and related buildings all installations of plumbing, electrical wiring, and all gas and oil appliances shall comply with the provisions of the state building code and any other applicable regulation of the town. In addition the following must be met:
(a) Each manufactured home space shall be provided with plumbing and electrical connections; and
(b) The water supply for each manufactured home shall be obtained only from faucets located inside each manufactured home. Outside faucets will be allowed to be used for washing vehicles, watering plants and other traditional outside uses.
(15) A manufactured home park shall have direct access to a dedicated street or road.
(16) No individual manufactured home space parking shall be located with direct access to a public street or road.
(17) The site proposed shall have an office either as a separate structure or in connection with the dwelling quarters of the owner or operator.
(18) The water system shall be in conformance with applicable state, county and town regulations.
(19) Sewage disposal shall be in conformance with applicable state, county and town regulations. Individual septic tanks shall not be allowed.
(20) Any tests deemed necessary by the Planning and Zoning Board must be completed, and the results must be presented to the Planning and Zoning Board, prior to obtaining an operating permit.
(I) Manufactured home design criteria. In order for a manufactured home to locate in a manufactured home park it must meet or exceed the following criteria.
(1) Width and length. A minimum size of 26 feet wide by 40 feet in length. (Hitch shall not be included in these dimensions.)
(2) Roof design. The roof shall have a design of at least a 3/12 pitch with fiberglass shingles of Class C or better materials.
(3) Foundation wall. A continuous foundation wall of brick or stucco shall be constructed and shall be unpierced except for ventilation and access to the crawl space.
(4) Porches. A porch is required at the front and rear doors that must be constructed of wood or brick and must be at least 48 square feet in size.
(5) Apparatus. All apparatus such as hitch, wheels, axle and transport light shall be removed.
(J) Operating permits.
(1) When the developer has completed the construction of the entire park or any phase he or she shall make application to the Zoning and Subdivision Administrator for an operating permit. The Zoning and Subdivision Administrator shall make an on-site inspection to verify the proper installation of the improvements.
(a) If the construction conforms to the approved park plan, the Zoning and Subdivision Administrator shall issue the developer an operating permit.
(b) If the construction does not conform to the approved plan, the Zoning and Subdivision Administrator shall delay issuance of the operating permit until it comes into conformity. The Zoning and Subdivision Administrator shall inform the developer, in writing, of deficiencies in the construction and advise as to actions needed to be in compliance with the approved plan.
(2) The operating permit issued to the developer shall constitute authority to lease or rent spaces in the manufactured home park.
(3) When a manufactured home park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for operating permits may be made for each stage of development upon completion. There shall be no more than three stages of development.
(4) It is the responsibility of the manufactured home park operator to operate the park in compliance with this chapter, and the operator shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean sanitary condition.
(K) Manufactured home park names, road names and addresses.
(1) The names of manufactured home parks and roads within such shall not duplicate or be phonetically similar to the names of existing manufactured home parks or road names in the town or Rutherford County.
(2) Where proposed streets are continuations of existing streets, the existing road names shall be used.
(3) Property address numbers shall conform to Rutherford County’s addressing system and shall be assigned by the Rutherford County Addressing Department.
(L) Restrictions. Individual manufactured home spaces within a manufactured home park, as defined under this chapter, shall not be sold. A number of manufactured home spaces or blocks of manufactured home spaces maybe sold to a single owner, corporation, group or other as long as the spaces remain rental spaces for occupancy by manufactured homes. Upon ownership changes of a manufactured home park or any part thereof the owner shall notify the Zoning and Subdivision Administrator of the new owner and other pertinent information.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022) Penalty, see § 155.999
§ 155.147 FAMILY CARE HOME.
(A) Family care homes are defined in G.S. § 160D-907 and § 155.012 of this chapter.
(B) A family care home must be at least one-half mile radius from any other such existing home.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.148 SEXUALLY ORIENTED BUSINESS.
(A) No portion of the premises on which the business is located shall be situated within 600 feet of any of the following zoning districts: residential districts R-6, R-10, R-20, NB and C-C Central Commercial.
(B) No portion of the premises on which the sexually oriented business is located shall be situated within 600 feet of a lot line of an established church or religious institution.
(C) No portion of the premises on which the sexually oriented business is located shall be within 600 feet of a public park.
(D) No portion of the premises on which the sexually oriented business is located shall be situated within 600 feet of a lot line of another sexually oriented business.
(E) There shall be no more than one sexually oriented business in the same building, structure, or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually oriented business.
(F) The structure in which the sexually oriented business is located shall contain no sleeping quarters.
(G) If dancers are employed as a feature of the sexually oriented business, the performing areas for such dancers shall be separated from patrons by at least ten feet.
(H) If viewing booths are provided, such are designed as to allow the person or occupants to be completely visible from a portion of the premises open and available to the public.
(I) The applicant shall propose and implement a site lighting plan adequate to ensure public safety.
(J) No printed material, video, photograph, written text, live show or other visual presentation format shall be visible from outside the walls of the establishment, nor shall any live or recorded voices, music or sounds be heard from outside the walls of the establishment.
(K) No off-site signs advertising a sexually oriented business shall be allowed within 1,000 feet of a church, school or residence.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.149 AUTOMOBILE STORAGE; AUTOMOBILE TOWING AND STORAGE; AUTOMOBILE WRECKING OR JUNK YARDS; SALVAGE YARDS, SCRAP PROCESSING, RECYCLING.
(A) Outdoor storage shall be completely screened by a screening device at least eight feet in height and 90% opaque.
(B) Automobile wrecking or junk yards, salvage and scrap processing uses shall require a minimum of three acres. Any area covered by 600 square feet or more of scrap material or seven or more junk vehicles shall qualify as a use of this category.
(C) Uses subject to this note shall be separated in such a manner as to prevent dust and tracking of mud and debris onto adjoining streets.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.150 FENCING REQUIRED AROUND PUBLIC UTILITIES.
All land utilized for utility storage, treatment plants and electrical distribution shall be surrounded by a fence no less than six feet in height for safety purposes.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.151 RV PARK CAMPGROUND.
(A) Size. All proposed campgrounds shall be a minimum ten acres in size.
(B) Setbacks. Along any public street or public right-of-way, a setback of at least 50 feet from the edge of the public right-of-way shall be maintained. All spaces must be set back at least 50 feet from all public street rights of way and property lines.
(C) Minimum number of camper spaces. Campgrounds must have a minimum 15 camper spaces.
(D) Recreation space. A minimum of 10% of the total land area shall be devoted to accessible common open space for recreational use. These areas shall be separate from camper spaces and suitable for active and passive recreation and shall be reasonably located for safe and convenient access to campground residents. No common open space for recreational use shall be less than 3,000 square feet.
(E) Limit per space. No more than one RV may be parked on any one space.
(F) Parking. For the first 15 camper spaces, five centrally-located parking spaces shall be provided and maintained. For every 15 camper spaces after, one additional centrally-located parking space shall be provided and maintained. At no time shall parking be permitted on access roads to the campground.
(G) Spaces and building distance. A minimum of ten feet shall be maintained between any part of the trailers, structures or tent pads. Any accessory structures such as attached awnings, carports or individual storage facilities shall, for the purpose of this requirement, be considered a part of the trailer, tent or structure.
(H) Spaces. Camper spaces must be designated on the ground by permanent markers or monuments.
(I) Space size. Each space shall be a minimum of 1,500 square feet and a minimum of 25 feet in width.
(J) Density. The density shall not exceed 15 camping spaces per acre of total area.
(K) Buffering. A minimum ten-foot wide vegetated buffer strip shall be installed and maintained around the perimeter of the campground boundary. This strip shall be free of all encroachment by buildings, parking/camper areas or impervious surface.
(L) Manufactured homes. It shall be unlawful to park or store a manufactured home in a campground. One permanent residence, as defined by the North Carolina Building Code, shall be allowed within the campground to be used by the persons responsible for the operation and/or maintenance of the campground. The dwelling site must be designated on the site plan application.
(M) Sign. With the exception of permanent numbered signs to aid in navigation and public safety at each camper space, signs at all campgrounds must comply with the zoning regulations for signs within the zoning district they are located.
(N) Utility requirements. Each RV space shall have access to public water, sewer and electricity with a quick disconnect.
(O) Park sewer requirements. An adequate and safe sewer system shall be provided in all (travel trailer) parking areas. Such system shall either be a municipal system or a system approved by the appropriate county or state agency vested with the authority to approve sewage disposal systems.
(P) Refuse disposal. The campground owner/operator is responsible for providing a central location for refuse collection. The owner/operator shall adequately screen and buffer such location from campground residents and campsites. Storage, collection and disposal of refuse shall be managed as not to create health or other hazards. All refuse disposal is subject to current town ordinances.
(Q) Central service building. A central service building containing all necessary toilets, bathhouses and other plumbing fixtures specified in the most current edition of the North Carolina State Plumbing Code, as amended, shall be provided in all camping areas. Service building shall be conveniently located within a radius of 300 feet to camping spaces, which it serves.
(R) Number of days permitted. No RV or occupant of a RV shall be permitted within a campground for longer than 90 consecutive days within a 12-month period.
(S) Registration of occupants. Each campground owner and operator shall maintain an accurate register of all occupants within the campground. The register shall be available for inspection at all times by authorized town officials. The register shall include name and address of the occupants of each space, camper space number, date when occupancy within the campground began and when occupancy within the campground ceases. No camper space shall be used as a permanent place of residence.
(T) Internal streets. All internal roadways shall be stabilized and of adequate width to accommodate the volume and type of anticipated traffic. All internal roadways must have adequate accommodations for emergency response vehicles. One-way internal streets shall be at least 15 feet in width. Two-lane internal streets shall be at least 27 feet in width. Each camper space shall abut an internal street within the campground.
(U) Ingress and egress. No space shall have direct vehicular access to a public road. Access to all campers and structures within the campground shall be made using internal streets.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.152 OUTDOOR THEATER.
(A) No outdoor theater shall be located within 300 feet of any church, school, public park, playground, library or residentially zoned district or closer than 50 feet to any property line.
(B) A parking space shall not be located closer than 100 feet to any residential district.
(C) The theater screen (patron viewing side) shall not be visible from a street or highway.
(D) Outdoor theaters shall abide by § 90.01, the town’s noise regulations.
(E) Parking generated by the event shall be accommodated without undue disruption to or interference with the normal flow of traffic.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.153 COMMUNICATION TOWER OVER 60 FEET IN HEIGHT.
(A) Setbacks. A minimum setback of 20 feet is required from all property lines or setbacks from the underlying zone, whichever are greater, shall be required. Towers over 60 foot in height shall require an extra setback of one foot for each foot of height over 60 feet or be of a self-collapsing design, as certified by a licensed engineer.
(B) Buffering. A minimum eight-foot wide vegetated buffer strip shall be installed and maintained around the perimeter of the tower site. It shall be the responsibility of the provider to keep all landscaping material free from disease and property maintained in order to fulfill the purpose for which it was established. Any vegetation that constitutes part of the screening shall be replaced in the event it dies.
(C) Lighting. Lighting on telecommunications towers shall not be permitted except as required by federal and state regulations.
(D) Base. The base of the telecommunications tower shall be surrounded by a fence or wall at least eight feet in height unless the tower is constructed on a building over eight feet in height.
(E) Signs and the like. No signs, graphics or text shall be located on the telecommunications tower unless required for safety or federal and state law. One wall sign is permitted on any equipment shelter.
(F) Outdoor storage. Outdoor storage of equipment or other related items is prohibited on telecommunications tower site.
(G) Insurance coverage. The provider must show proof of adequate insurance coverage for any potential damage caused by or to the telecommunications tower prior to the issuance of a zoning permit.
(H) Information to be included. All following information must be included on the site plan: identification of intended providers; documentation that the telecommunications tower has been designed by a registered engineer and that the tower has sufficient integrity to accommodate more than one user; a statement from the owner agreeing to allow future co-location of the tower and how co-location will be accommodated; documentation that the telecommunications tower complies with the Federal Radio Frequency Emission Standards; a statement regarding possible interference, if any, with normal radio and television receptions.
(I) Non-use. Any telecommunications tower not in use for one continuous year shall be removed by the tower owner and/or the property owner.
(J) Documentation. The town, by federal law, cannot prohibit a telecommunications tower or deny a special use permit on the basis of environmental or health concerns relating to radio emission if the tower complies with the federal radio frequency emission standards. The town requires that the provider must provide documentation showing the proposed tower does comply with the federal radio frequency emission standards.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.154 ANIMAL BOARDING FACILITIES.
(A) No animal boarding facility shall be operated without all necessary licensure, certification or other form of permission from the state and any other governmental agency with jurisdiction over its operation, including the most recent Animal Welfare Act, G.S. §§ 19A-20 et seq., as it may be amended from time to time.
(B) Loss of such permission shall be grounds for revocation of any special use permit authorizing an animal boarding facility.
(C) All outdoor enclosures shall be screened by a solid or opaque fence a minimum of six feet in height. The fences shall be constructed to contain the animals kept therein and prevent entrance of other animals.
(D) The animal boarding facility shall be maintained and operated in such a manner that all animal odors, noise, refuse and/or other on-site activities deemed as a public nuisance and/or hazard shall not be detectable beyond the property line in which the animal boarding facility is located.
(E) (1) No animal waste shall be stored within 100 feet of the property line.
(2) A waste management plan that demonstrates compliance with applicable state and local regulations and which ensures sanitary handling of animal waste and prevents contamination or pollution of adjacent lands or water bodies shall be submitted to and approved by the Administrator prior to establishment of such uses. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.155 ACCESSORY BUILDINGS.
(A) An accessory building/structure that is less than 100 square feet and does not have a side that is more than 12 feet in length or width, is exempt and does not require a zoning permit.
(B) No accessory buildings shall be located in front of the front building line of the main building on a parcel.
(C) All accessory buildings/structures shall conform to the required setbacks as noted in the standard dimensional requirements by district and use table in § 155.110.
(D) On corner lots, accessory buildings/structures shall conform to the side setback requirements for streetside property lines.
(E) No accessory building shall exceed 12 feet in height, as measured from the ground.
(F) Accessory buildings shall not exceed 50% of the total square footage of the primary building, unless the lot is two acres or larger. If the lot is two acres or larger, the accessory buildings may total 90% of the primary building. The total number of buildings cannot be no more than four.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.170 GENERAL FINDINGS.
(A) The use does not materially endanger the public health or safety;
(B) The use would not substantially injure the value of adjoining property, or that the use is a public necessity;
(C) The location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town; and
(D) The use meets all required conditions and specifications.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.171 ADDITIONAL FINDINGS FOR CERTAIN SPECIAL USES.
The Board of Adjustment or Town Board may impose additional restrictions as deemed fair and necessary, such as additional restrictions on location, signage, buffering, setbacks, parking, hours of operation, and number of employees.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.185 PARKING SPACES REQUIRED.
There shall be provided at the time of the erection of any building; at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one type of use or occupancy to another, permanent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded open space and shall be indicated on all site plans submitted under this chapter. No public right-of-way shall be used in determining or providing required off-street parking. The required number of off-street parking spaces are specified below for each use. (If the use is not listed, the Zoning and Subdivision Administrator may determine if the use is similar to any other uses listed in the table and determine the number of spaces accordingly.)
Land Use | Required Parking Space |
Land Use | Required Parking Space |
Auto sales and repair | 1 space for each 2 employees during shift of maximum employment, plus 2 spaces for each 300 square feet of repair or maintenance space |
Bowling alleys | 2 spaces for each lane, plus 1 additional space for each 2 employees |
Churches and other sanctuaries and funeral homes | 1 parking space for every 4 seats in the sanctuary |
Clinics | 3 spaces for every doctor, plus 2 spaces for each 3 employees |
Drive-in restaurants | Space equivalent to 5 times floor space in main building |
Dwellings (all single and multi) | 1.5 for each dwelling unit |
Elementary and junior high schools | 1 space for each classroom and administrative office and 1 space for each school bus serving the school |
Florist | 1 space for every 150 square feet of sales area |
Golf courses and swimming pools | 1 space for every 3 families on membership, or minimum of 25 spaces |
Government buildings | 1 space per employee, plus 1 space for each 5 seats in the largest assembly |
Hospitals | 1 space for every 3 beds, plus one space for each 3 employees on maximum shift, plus 1 space for each visiting doctor |
Industries and warehouses | 1 space for every 2 employees during shift of maximum employment, and 1 space for every truck to be stored |
Kindergartens and day care | 1 space for each 10 children that attend, plus 1 space for each employed adult |
Library | 1 parking space for every 4 seats provided for patron use |
Medical offices in a residence or separate building | 3 parking spaces per doctor in addition to residential requirements where applicable |
Miniature golf or driving range | 1 space for each 2 employees, plus not less than 3 additional spaces for customers |
Mobile home sales | 2 spaces per employee |
Motels and hotels | 1 space per unit |
Nursing homes | 1 parking space for each 5 beds intended for patient use, plus 1 parking space for each employee on the largest shift |
Offices | 1 space for every 300 square feet of office floor area |
Plant nurseries and greenhouses | 1 space per employee, plus 5 customer spaces |
Retail business and consumer services | None required in Central Commercial District; elsewhere, 1 space for every 200 square feet of gross floor area |
Senior high school | 1 space for each 20 students, plus 1 space for each classroom and administrative office, plus 1 space for each school bus serving the school |
Service stations | 4 spaces for each bay, plus 2 additional spaces for employees |
* There is no off-street parking requirement within the CC Central Commercial Zone | |
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.186 LOADING AND UNLOADING SPACES.
Every building or structure used or business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section, an off-street loading space shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.
Industrial and wholesale operations | 1 loading space for each 50,000 square feet of gross floor area or fraction thereof |
Retail operations | 1 loading space for each 20,000 square feet of gross floor area or fraction thereof |
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.200 TITLE.
This subchapter shall be known and may be cited as the “Town of Spindale Sign Regulations”.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.201 APPLICABILITY AND PURPOSE.
This subchapter applies to all signs erected in the town. The purpose of this subchapter is to ensure the installation of safe and effective signage that promotes both business activity and the aesthetic character of the town, as well as communicating essential information to the public. The following statements elaborate on this purpose:
(A) To provide opportunities for neighborhoods and commercial endeavors to be identified in an effective and equitable fashion;
(B) To promote public safety by reducing hazards associated with distracting or excessive signage;
(C) To establish and promote enhanced community character through signage that is reflective of the adopted goals of the town and its scale of development;
(D) To promote the integration of signage with the architectural characteristics and aesthetic quality of the town’s development;
(E) To provide for flexibility in amount, type and scale of signage depending on the context of the development and the surrounding area; and
(F) To facilitate efficient, thorough, consistent and effective enforcement of the sign regulations.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.202 APPLICABILITY.
Except as specifically exempted in this subchapter, no sign shall be erected, altered or displayed without a sign permit issued by the town confirming compliance with the provisions of this subchapter. Signs made nonconforming by this subchapter shall be grandfathered until altered, abandoned, relocated or removed except for prohibited signs, which shall be removed within ten days as required in § 155.203 of this subchapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.203 PROHIBITED SIGNS.
Signs prohibited by the enactment of this subchapter shall be removed within ten days from the date of notification by the Zoning and Subdivision Administrator or duly authorized code enforcement agent of the town; however, where deemed dangerous or prejudicial the Planning, Zoning and Subdivision Administrator may act in accordance with Chapter 90 of this code of ordinances, the town’s public nuisance regulations. The following signs are specifically prohibited by this chapter:
(A) Snipe signs;
(B) Signs attached to light fixtures, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles or trees;
(C) Windblown signs not specifically permitted in this subchapter such as pennants, feather, streamers, spinners, balloons, inflatable figures, and similar signs, except as specifically permitted in § 155.206 of this chapter;
(D) Signs which prevent free ingress to or egress from any door, window or fire escape;
(E) Signs erected or displayed in such a manner as to obstruct free and clear vision at any street, intersection or driveway;
(F) Any sign which interferes with vehicular or pedestrian traffic because of its position, size, shape, movement, color, fashion, manner or intensity of illumination, including signs with the potential to be confused with any authorized traffic sign, signal or device not found in compliance with the provisions of § 155.206 of this chapter;
(G) Signs erected or displayed on or over public street rights-of-way, other than those erected by governmental agencies or for which appropriate encroachment agreements have been executed pursuant to this chapter. Signs specifically protected by the provisions of G.S. § 136-32(b) are not prohibited, provided the requirements of G.S.§ 136-32(b) are met;
(H) Portable signs, except as specifically permitted herein;
(I) Signs that mechanically alter their height, location or size; signs that revolve; or signs that strobe; or any other similarly constructed signs;
(J) Signs attached to the roofs of buildings or are otherwise located above the roofs of buildings or are part of roofing finish and/or materials;
(K) Off-premises billboard signs, including outdoor advertising signs, except those placed by governmental agencies for public purposes. Existing off-premises billboard signs that are non-conforming may be disassembled and replaced with a newer structure upon approval of a permit issued by the Zoning and Subdivision Administrator. The new signage shall be designed to result in no expansion of or increase in the non-conformity; shall not exceed 48 feet in height above adjacent grade; and shall be designed to limit lighting to the sign face. Color renderings or photographic simulations shall be submitted to the Zoning and Subdivision Administrator, who shall have the authority to deny permits for signs that do not meet the provisions of this subchapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
Statutory reference:
Prohibited signs, see G.S. §§ 136-32,136-32.1,136-32.2 and 160A-193
§ 155.204 EXEMPT SIGNS.
The following signs are exempt from the requirements of this chapter; however, in some instances building permits may be required, such as an electrical permit for wiring, and a zoning permit is a prerequisite to a building permit:
(A) Warning and security signs, including signs placed by a public utility for the safety, welfare or convenience of the public, including, but not limited to, signs identifying fire department connections or high voltage, public telephone, or underground cables and/or gas pipelines;
(B) Government signs and signs for non-profit organizations sponsored by governments including insignia; statutorily required legal notices; and informational, directional, wayfinding, and traffic safety signs. This exemption shall not include permanent and temporary signs covered in § 155.203(G) of this subchapter but may include signs or flags erected on public property or private property immediately proximate to public property to commemorate public holidays;
(C) Warning and security signs, including signs placed by private property owners restricting activity such as “No Dumping”, “No Hunting” and “No Trespassing” signs containing less than two square feet in copy area per sign face;
(D) Signs placed inside ball fields and outdoor amphitheaters that face toward the interior of the field or amphitheater and are primarily visible for viewing by persons attending events and/or performances;
(E) Signs associated with events of short duration for a nonprofit or charitable organization posted for 14 days or less, provided that not more than a total of 24 square feet of signage is posted per property per street frontage and they are removed within two days after the event;
(F) Incidental signs affixed to windows containing no more than two square feet in copy area provided that not more than a total of six square feet of incidental signage is displayed per occupancy. An incidental sign may flash provided they are located within a building and no more than one such sign is displayed per occupancy;
Example of Incidental Signs
(G) Machine signs containing no more than eight square feet in copy area, except drive-through menu and/or kiosk machine signs may contain up to 12 square feet in copy area provided the portion of the signs devoted to a logo or business name contains no more than six square feet of the total sign copy area;
Example of Machine Signs
(H) Menus and kiosks displayed outdoors at restaurants provided they contain no more than six square feet in copy area;
(I) Signs attached to collection bins, provided they contain no more than six square feet in copy area;
(J) Any sign, public notice or warning required by a valid and applicable federal, state or local law, regulation, approved development plan or ordinance, including traffic control signs on private property;
(K) Address signs no greater than four square feet in copy area;
(L) Retail store window displays of merchandise;
(M) Signs attached to licensed roadworthy vehicles, provided the vehicles are not parked unattended and in such a manner as to create the effect of additional signage, whether on-premises or off-premises (see § 155.203 Prohibited Signs);
(N) Signs attached to umbrellas provided no more than 25% of the total surface area of the umbrella is devoted to signage;
(O) One temporary sign per property street frontage containing no more than four square feet in copy area in R-6, R-10, R-20 and NB Districts; no more than 16 square feet in copy area in the CC and GC Districts; and, no more than 32 square feet in the HC-I District. Temporary signs are limited to duration of not more than 60 days up to six times a year. See § 155.206 for temporary signs requiring a permit;
(P) Flags of the United States, the State of North Carolina, Rutherford County or the Town of Spindale if they do not exceed 50 square feet in area, that they are displayed on flagpoles not exceeding 48 feet in height, that no more than three flags are displayed on a lot of less than one acre in size and not more than five flags are displayed on zone lots of one acre or more in size. Flagpoles may be roof or wall-mounted provided size, height and setback requirements are met;
(Q) Holiday, sports and good-will decorations with non-promotional message if lights are not illuminated and decorations are not displayed for longer than a total of 60 days per calendar year on nonresidential property;
(R) Signs for “special event vendors” that shall operate for a specified time, not to exceed seven days; and
(T) Fence wraps displaying signage when affixed to perimeter fencing at a construction site until the certificate of occupancy is issued for the final portion of any construction site or 24 months from the time the fence wrap was installed provided it contains only advertising sponsored by parties directly involved in the construction project in accordance with G.S. § 160D-907.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.205 REQUIREMENTS FOR PERMANENT SIGNS REQUIRING A ZONING PERMIT.
The following tables and text provide the design and dimensional requirements for permanent signs that require a permit. Requirements include copy area, number, type of illumination, and letter height for both attached and freestanding signs. Setback and height requirements are established for freestanding signs and detailed design requirements are provided for monument and pole signs.
(A) Only one general attached sign (blade, V-type or flat) is allowed per street or parking frontage.
(B) Only one monument or pole freestanding sign is allowed per street frontage.
(C) Height of freestanding signs shall be measured from the elevation of the ground at the point of contact with the sign provided that the grade of the site is not artificially altered to increase the allowable height of the sign. For sloping sites, the applicable point of contact shall be the point having the highest elevation.
(D) One sign per approved home occupation within the Residential-6, Residential-10, Residential-20 and Neighborhood Business (NB) Districts, not to exceed four square feet in area.
(E) The following permanent special purpose signs are in addition to general attached and freestanding signs under the limitations provided in the following tables and elsewhere in this subchapter:
(1) Window;
(2) Directional;
(3) Directory; and
(4) Community identification.
(F) Changeable copy signs are allowed as either attached or freestanding signs provided they are:
(1) Incorporated into the general or attached signage for a nonresidential property;
(2) Not more than one such sign is allowed per occupancy; and
(3) No strobing or flashing.
(G) Digitally changing signs are allowed only on properties zoned General Commercial (GC) and Heavy Commercial-Industrial (HC-I).
(H) Requirements for signs extending over pedestrian and vehicular travel areas: signs extending over pedestrian and vehicular travel areas shall maintain a minimum clear distance between the finished grade surface material and any portion of the sign and its associated support structure of seven vertical feet on public and/or private sidewalks, and 14 vertical feet over paved vehicular parking and/or maneuvering areas. Signs shall not extend over public streets, except as stipulated in § 155.203(G) of this subchapter. Murals of any size, subject to the following requirements:
(1) No murals may be painted on a wall facing Main Street;
(2) No murals may be painted on any previously unpainted wall;
(3) Murals must be maintained in good repair by the owner of the building on which they are painted; and
(4) All murals must be approved by Town Board of Commissioners.
Permanent Sign Standards and Criteria | ||||||
Sign Type | Sign Copy Area Allowance (sq. ft.) | Sign Illumination | Minimum Letter Size | Maximum Number | Other Requirements | |
Permanent Attached Signs - General | ||||||
Permanent Sign Standards and Criteria | ||||||
Sign Type | Sign Copy Area Allowance (sq. ft.) | Sign Illumination | Minimum Letter Size | Maximum Number | Other Requirements | |
Permanent Attached Signs - General | ||||||
Blade* (or Projecting) |  | 32 | Ambient External Internal | 6 in. | One per street or parking frontage per occupancy | Only 1 sign (blade, V-type or flat sign) allowed per occupancy per street or parking frontage |
V-type* |  | 32 | Ambient External Internal | 6 in. | One per street or parking frontage per occupancy | Internally illuminated signs - sign face can be illuminated |
Flat* (or Wall) |  | 32 | Ambient External Internal | 6 in. | One per street or parking frontage per occupancy | No attached signage above second story except in monolithic multi-story buildings fronting major thoroughfares |
May encroach into adjoining street right-of-way pursuant to an encroachment agreement | ||||||
Window |  | 8 | Ambient | NA | 1 per each 100 square feet of display or doorway window area or fraction thereof | A maximum allowance of 3 signs per street or parking frontage per occupancy |
Directional |  | 4 | Ambient External Internal | 4 in. | NA | |
Outdoor Directory |  | 6 | Ambient External | NA | 1 per street or parking frontage per building | |
Awning* |  | Ambient Backlit | 4 in. | 1 per street or parking frontage per awning | Not more than 2 awning signs per occupancy per street or parking frontage | |
Canopy |  | Ambient Internal | 6 in. | 1 per side of canopy | ||
May encroach into adjoining street right-of-way in the General Commercial (GC) and Central Commercial (CC) Districts pursuant to an encroachment agreement subject to the provisions of § 155.204(G) | ||||||
Permanent Sign Standards and Criteria | ||||||||
Sign Type | Sign Copy Area (sq. ft.) | Max. Sign Height (ft.) | Sign Illuminati on | Min. Letter Size | Max. Number | Min. Setback from Property Line(s) | Other Requirements | |
Permanent Freestanding Signs - General and Special Purpose | ||||||||
Permanent Sign Standards and Criteria | ||||||||
Sign Type | Sign Copy Area (sq. ft.) | Max. Sign Height (ft.) | Sign Illuminati on | Min. Letter Size | Max. Number | Min. Setback from Property Line(s) | Other Requirements | |
Permanent Freestanding Signs - General and Special Purpose | ||||||||
Non- residential Monument |  | 48 | 8 | Ambient External Internal | 6 in. | 1 per street frontage having access to the site | 5 ft. | |
Non- residential pole |  | 12 | 10 | Ambient External Internal | 6 in. | 1 per street frontage providin g access to the site | 4 ft. | |
Residential Monument |  | 32 | 6 | Ambient | 6 in. | 1 per each gateway or primary entrance | 0 ft.* | Shall comply with design requirements for monument signs |
Non- residential Directory |  | 24 | 6 | Ambient External Internal | 4 in. | 1 per street frontage having access to the site | 25 ft. | Sites with multiple buildings only |
Non- residential Directional |  | 3 | 2.5 | Ambient External Internal | 4 in. | 2 per each drivewa y access to the site | 0 ft.* | Not more than 25% of sign face shall contain a logo with no commercial text |
* May encroach into adjoining street right-of-way in the General Commercial (GC) and Central Commercial (CC) Districts pursuant to an encroachment agreement subject to the provisions of § 155.204(G) | ||||||||
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.206 TEMPORARY SIGNS REQUIRING A PERMIT.
(B) Requirements for temporary signs that require a permit.
(1) The temporary signs listed in the following table require a permit and shall comply with the indicated zoning location and other requirements.
(2) All such signs, except for searchlights, shall be illuminated solely by ambient light sources.
Temporary Sign Type | Allowable Zoning Districts | Requirements |
Sandwich board signs | CC, GC, HC-I | One sign per occupancy having direct access onto any public or private sidewalk where sign is placed; “direct access” shall mean an occupancy having a public entrance immediately from the sidewalk where the sign is placed; see additional sandwich board sign requirements in § 155.207 |
Banners and flags | GC, HC-I | Up to 60 square feet of banner/flag materials per occupancy; banners shall remain tethered and/or anchored to resist movement; display time limit: 30 days, four times per calendar year with a 60-day separation between permits and/or installations |
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.207 ADDITIONAL REQUIREMENTS FOR SANDWICH BOARD SIGNS.
Sandwich board signs offer businesses in pedestrian-oriented zoning districts an effective and creative way to market products or services. However, unless carefully regulated, sandwich board signs can create hazards for pedestrians and a cluttered and unattractive appearance. The following design standards are established to permit sandwich board signs to be utilized in a fashion which meets community safety and design expectations, as well as the need for businesses to market their products and services.
(A) Sandwich board signs shall not exceed four feet in height and 30 inches in width.
(B) Sandwich board signs shall be located only on sidewalks that serve the establishment with which they are associated.
(C) Five feet of sidewalk clearance shall be provided along at least one side of the sign to allow for unobstructed pedestrian access in accordance with ADA regulations.
(D) Sandwich board signs are intended to inform and orient pedestrians to business locations and available products and services. Consequently, such signs shall be placed within 20 feet of the primary public entrance to the occupancy with which they are associated and shall be oriented to communicate information primarily to pedestrian traffic utilizing the sidewalk on which they are located as opposed to vehicular traffic utilizing nearby public or private streets or private drives and parking areas.
(E) Sandwich board signs shall be moved to an indoor location for storage during times when the associated businesses are not open for customers.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.208 PERMITTING.
(A) Applications for sign permits and the associated fee schedule may be obtained from the Zoning and Subdivision Administrator. Completed applications, including payment of fees, shall be reviewed for compliance with the requirements of this chapter.
(B) Signs requiring sign permits under the provisions of this chapter may also require additional permits, including building permits and electrical permits. It shall be the responsibility of the applicant to obtain all applicable permits.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.209 NONCONFORMING SIGNS.
(A) A permanent sign which does not comply with one or more of the requirements of this subchapter shall be grandfathered (deemed a vested right) until such sign is removed, physically altered beyond maintenance (as defined), relocated, damaged or destroyed, after which it shall be brought into compliance with all requirements of this subchapter.
(B) Nonconforming temporary signs shall not be grandfathered and shall be brought into compliance with all requirements of this subchapter within ten days from the date of notification by the Zoning and Subdivision Administrator or duly authorized code enforcement agent of the town.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.210 DISCONTINUED AND ABANDONED SIGNS.
Signs identifying a discontinued occupancy or use shall be considered abandoned signs and shall be removed by the owner of the property on which they are located within 60 days. Failure to remove a discontinued or abandoned sign shall be considered a violation of this chapter. In addition, correction of a discontinued or abandoned sign violation may include removal of a discontinued or abandoned sign or signs by the town at the owner’s expense after proper notice of the violation and failure to act by the owner within the timeframe established in the notice of violation.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.211 MAINTENANCE.
All signs, including exempt signs, shall be maintained in a satisfactory state of repair. This shall include, without limitation, correction of peeling or faded paint, repair or replacement of damaged panels, trimming of vegetation that obscures the sign(s), replacement of defective lighting of illuminated signs, secure attachment to the building for attached signs, and stable vertical alignment of freestanding signs.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
Dimensional Standards for All Zoning Districts
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
Table of Permitted Listed Uses
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)