Statesville City Zoning Code
ARTICLE 5.
SUPPLEMENTAL REGULATIONS/PERFORMANCE STANDARDS FOR SPECIFIC USES
Section 5.01 - General Conditions
A.
The standards enumerated in this Article shall apply to specific land uses in addition to other applicable standards of this Code.
B.
All uses shall comply with applicable building, life safety, fire and health codes adopted by the City in addition to applicable regulations of Iredell County, and State or Federal governments.
Section 5.02 - Accessory Uses and Structures
A.
Generally
1.
No permit for an accessory use or structure shall be issued until and unless a permit has been issued for the principal use or structure.
2.
An accessory building or structure is a subordinate building or structure, the use of which is secondary to and supports the principal building.
3.
Accessory structures shall not be located between the front of a principal building and the street right-of-way or front property line with the exception of gazebos which shall meet a ten (10) foot setback and be located outside the site distance triangle.
4.
Accessory structures shall conform to the setback requirements of the underlying zoning district, except as herein modified.
a.
Maximum building coverage of a required rear yard shall not exceed thirty percent (30%).
b.
The required side and rear yard setback shall be increased two (2) feet for every one (1) foot an accessory structure exceeds twenty (20) feet in height, provided the accessory structure shall not exceed the height of the principal building.
c.
An accessory structure intended for human occupancy shall conform to the requirements of Section 5.02C.
d.
Accessory structures in residential districts may be allowed a side and rear yard setback of three (3) feet, in Historic Districts zero (0) feet (to be verified by submittal of a property boundary survey), provided the accessory structure is located entirely behind the principal building, and is no closer than five (5) feet to another structure on same lot. Corner lots must meet front setbacks. Accessory structures in non-residential districts O&I, B-1, B-2, B-3, CB and CBP shall be located on the same lot as the principal structure and all storage shall be within an enclosed structure; any type of outdoor storage is prohibited. Accessory structures in non-residential districts B-4 and B-5 shall be located on the same lot as the principal structure. In B-4, B-5, LI and HI districts outdoor storage is permitted in the side and rear yards provided that the area devoted to outdoor storage is screened from view with vegetation.
e.
When an accessory structure is located on a lot abutting more than one (1) public right-of-way, it shall comply with setbacks in the underlying zoning district along all streets.
5.
Accessory structures may be used for a home occupation provided the requirements of Section 5.02 I. can be met.
B.
Accessory Amenities
1.
Non-illuminated pools, tennis courts and other recreational amenities shall be located no closer than six (6) feet to an adjacent residential lot.
2.
Externally lighted pools, tennis courts and other recreational amenities shall be located no closer than fifty (50) feet to an adjacent residential lot.
3.
A minimum four (4) feet high fence shall enclose all swimming pools.
C.
Accessory Dwellings
Accessory dwelling units may be permitted in single-family residential zoning districts subject to the following requirements:
1.
Accessory dwellings must comply with all applicable local, State and Federal housing codes; and
2.
Only one (1) accessory dwelling shall be permitted per lot; and
3.
The accessory dwelling shall not exceed fifty percent (50%)of the square footage of the livable area of the primary structure or one thousand (1,000) square feet of gross floor area, whichever is less; and
4.
Accessory dwellings cannot be sold separately from the property or the principal dwelling unit; and
5.
Accessory dwellings shall be limited to parcels where the owner occupies the primary or accessory dwelling; and
6.
Accessory dwellings shall be located in the defined rear yard; and
7.
Accessory dwellings shall comply with the front yard setbacks for the district in which the accessory dwelling is located. The required rear and side yard setbacks must meet the setback requirements of Section 5.02; and
8.
The accessory dwelling must be located a minimum of five (5) feet from any other structure; and
9.
The accessory dwelling must comply with the height limitations for the district in which it is located; and
10.
The exterior of the accessory dwelling shall be compatible with the principal residence in terms of color, siding, roof pitch, window detailing, roofing materials, and foundation. Manufactured homes are not permitted as accessory dwelling units; and
11.
Adequate off-street parking shall be provided for any vehicles owned by occupants of the accessory dwelling.
D.
Child/Adult Home Day Care
Adult/Child home day care facilities shall maintain residential characteristics of primary use for residential purposes. All requirements of the North Carolina Department of Human Resources must be met.
E.
Child Care Accessory to Use
Onsite child care for children of business employees may be permitted provided that all regulations of the North Carolina Department of Human Resources shall be met and a secured, fenced outside play area shall be provided.
F.
Dormitories
These may be permitted as an accessory use to a college, technical, nursing or similar school, subject to the following:
1.
Off-street parking shall be provided in the side or rear yards;
2.
One (1) non-illuminated sign not to exceed nine (9) square feet may be erected;
3.
Structure design and bulk shall be compatible with the surrounding neighborhood;
4.
Outdoor lighting sources shall not be directly visible to adjacent properties.
G.
Furniture Refinishing & Repair
These may be permitted subject to the following:
1.
Shall be an accessory to retail sales.
2.
All activity shall be conducted within an enclosed structure.
3.
A list of finishing and stripping materials, amounts and location of storage shall be provided to the City of Statesville Fire Marshal and updated as necessary.
H.
Garage, Shared
These may be permitted subject to the following:
1.
A shared double garage, configured so one-half (½) is located on each of two (2) lots, shall be permitted in any residential district.
2.
The owners of both properties shall submit a written request for a shared garage with the building permit application and a shared access easement shall be recorded.
3.
No side yard setback for the common lot line shall be required.
I.
Home Occupations
These may be permitted subject to the following:
1.
Purpose
a.
To permit and regulate the conduct of home occupations as an accessory and secondary use to a dwelling unit, whether owner or renter occupied;
b.
To ensure that such home occupations are compatible with, and do not have a harmful effect on nearby residential properties and uses;
c.
To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations;
d.
To allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions and criteria;
e.
To enable the fair and consistent enforcement of these home occupation regulations; and
f.
To promote and protect the public health, safety and general welfare.
2.
Home occupations are authorized if they comply with the performance standards established in these Regulations:
a.
Shall only be operated by a full-time resident of the property, shall not employ or use persons on the site who are not residents of the dwelling and shall not allow on-site assembly of workers or crew.
b.
The home in which the occupation occurs shall look like a residential dwelling and not a business establishment. An accessory structure in which the occupation occurs shall be compatible with the architecture and materials of the principal residential dwelling.
c.
Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property.
d.
Shall be conducted only in the dwelling or accessory structure, provided no more than twenty-five percent (25%) of the total floor space of the principal dwelling is used for the home occupation.
e.
No more than two (2) home occupations shall be permitted on a residential lot.
f.
There shall be no exterior displays, no exterior storage of vehicles, equipment, including unlicensed equipment or materials, and no open lot storage.
g.
Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted.
h.
Home occupations shall not produce offensive noise, vibration, smoke electrical interference, dust, odors or heat. Noise levels from the home occupation, detectable at the property line, shall not exceed those generated by the primary use. Noise, vibration, smoke, electrical interference, dust, odors or heat shall not exceed those generated by the primary use and shall not be detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multifamily structure.
i.
Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customary in a residential area.
j.
No equipment or delivery vehicles shall exceed eight (8) ton capacity.
k.
Shall comply with applicable State and County licenses and inspections.
3.
The following home occupations shall be subject to all applicable home occupation regulations and standards of this Section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met:
a.
Artists, sculptors, composers with no sales permitted on the premises;
b.
Craft work, such as jewelry-making and pottery, with no sales permitted on the premises;
c.
Home offices with no sales or client visits permitted on the premises; and
d.
E-commerce, computer internet usage for commerce, service or consulting with no sales or client visits permitted on the premises.
4.
The following are expressly prohibited as home occupations:
a.
Animal hospitals;
b.
Physicians, dentists and chiropractors;
c.
Dance studios, except that a dance studio for fewer than fifteen (15) total students may be allowed on a collector or arterial street;
d.
Exercise studios;
e.
Mortuaries;
f.
Nursery schools;
g.
Private clubs;
h.
Repair shops;
i.
Restaurants;
j.
Stables and kennels;
k.
Automobile repair and paint shops.
5.
If, in the opinion of the Planning Director, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Planning Director shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Planning Director may take any action to make the home occupation and dwelling safe. Costs incurred by the Planning Director, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to these Regulations.
6.
The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation. Any proposed home occupation that is neither specifically permitted nor prohibited shall, in order to be established, be an activity normally performed in household surroundings and safely conducted in the presence of children and pets.
J.
Motor Vehicle Repair, Personal
The repair of a motor vehicle may be permitted in any residential zoning district as an accessory use subject to the following:
1.
Minor repairs and maintenance, defined for purposes of this Section as changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid and lubricating oil, the replacement of sparkplugs or ignition points, the rotation of tires and checking of adequate tire pressure and the replacement of drive belts and hydraulic lines, may be performed on the property.
2.
Major repairs may be performed on the property but shall be restricted to totally enclosed spaces.
3.
The motor vehicle must be registered to the property owner residing at the property at which the repairs or maintenance are performed and shall have current State of North Carolina license plates be designated by the State of North Carolina as an antique or horseless carriage.
4.
Motor vehicle repair and maintenance shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m.
K.
Parking of Vehicles in Residential District
Personal, commercial and recreational vehicles may be parked or stored upon the property subject to the following conditions:
1.
At no time shall vehicles other than electric powered personal automobiles be connected to any utility services.
2.
An owner of domestic and recreation vehicles, boats and/or trailers may park or store such vehicles on his private residential property, subject to the following limitations:
(a)
At no time shall such vehicles be occupied or used for living, sleeping or housekeeping purposes.
(b)
Parking is permitted anywhere on a lot for loading and unloading purposes for a period not exceeding twenty-four (24) hours.
(c)
The parking said vehicles shall be prohibited in the area between the street and the front yard, except that the parking of motor vehicles and trailers are permitted upon a driveway or parking area constructed of concrete, asphalt, gravel or any other material commonly used for parking of vehicles, but not including grass or dirt.
3.
Commercial vehicles. The parking of more than one (1) commercial vehicle per lot in any residential district is prohibited except where such vehicles are located within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district. In no case shall commercial vehicles in excess of two (2) axles or tractor trailers be permitted to park within any residential district except in the residential agricultural district. This excludes buses for churches, schools and nonprofit agencies when such buses are parked on the subject property. The requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district so long as the vehicle does not remain on site in excess of forty-eight (48) hours.
L.
Parking of Oversized Vehicles in the Central Business, Central Business Perimeter, H-115 and Municipal Service Districts
In no case shall commercial vehicles in excess of two (2) axles or tractor trailers (excluding charter buses) be permitted to park anytime except for loading and unloading and the temporary use of units related to construction activities. The use of trailers for seasonal sales shall be allowed upon the issuance of a permit by the City. Existing trailers currently being used as an integral part of a business being operated in these districts are grandfathered.
(Ord. No. 33-21, 6-7-2021; Ord. No. 02-24, 1-8-2024)
Section 5.03 - Temporary Uses and Structures
Temporary uses may be permitted subject to receiving a Temporary Use Permit and complying with the following:
A.
Carnivals, Circuses, Fairs, Festivals, Concerts
These temporary recreational or entertainment related activities may be permitted upon approval by the Fire Marshal's Office subject to the following:
1.
Duration.
a.
1-Day Event. These may be permitted for no longer than one (1) day and are permitted in all zoning districts.
b.
Multi-Day Event. These may be permitted for no longer than ten (10) days, provided that they are located in the B3, B4, CB, CBP, B5, LI and HI zoning districts only.
2.
Attendant accessory uses or facilities to these activities may be permitted.
3.
If a tent or other temporary structure is to be used for human occupancy, the use such shall be approved by the Fire Marshal. In addition:
a.
The number maximum of occupants shall be determined by the Iredell County Building Inspector;
b.
A seating plan shall be approved by the City of Statesville Fire Marshal;
c.
A certificate of flame resistance shall be submitted to the City of Statesville Fire Marshal;
d.
A certificate of insurance, which will cover liability on the part of the applicant or sponsor in the event of accident, shall be submitted to the Planning Director.
4.
All required State and local licenses and permits must be obtained.
5.
Shall have direct access to an arterial or collector street, as designated in the Thoroughfare Plan.
6.
Temporary signs may be permitted, subject to Section 6.07.
B.
Construction Trailers and Mobile Construction Offices
These may be permitted subject to the following:
1.
May be permitted during a construction project for which a building permit has been issued.
2.
Are limited to its use as office facilities only for the construction project upon the property on which it is located.
3.
Shall not be placed upon a public street.
4.
Shall be removed within thirty (30) days of completion of the construction project.
C.
Evangelistic, Religious and Related Congregations and Assemblies
These may be permitted for no longer than fourteen (14) days.
D.
Mobile Classrooms
These may be permitted subject to the following except in the CB and Historic Overlay Districts:
1.
Are limited to its use as a classroom(s) and are located on-site as an accessory to a school.
2.
Shall meet the same setbacks as the principal structure for the zoning district.
3.
Shall be located so that it is not visible from the street if possible.
4.
Are exempt from the Design Standards for Non-Residential Development, Section 6.08.
5.
May be permitted for a five-year time period. Renewals will be based on five-year increments.
E.
Model Dwelling Units
These may be permitted subject to the following:
1.
A single model dwelling unit may be permitted in a residential district for use as a sales office for the duration of the specific project under construction. However, a model dwelling unit may be located in districts which exclude residential uses provided that it shall only be used as a means to sell homes in approved residential developments.
2.
The model dwelling unit shall not be used for any business activity, other than showing and sales and shall be discontinued when the specific residential project is sold out.
3.
The model dwelling unit shall meet all lot and yard requirements of the underlying district.
4.
Signs are permitted, pursuant to Section 6.07, but shall not be illuminated.
5.
At least five (5) off-street parking spaces shall be provided on the same lot as the model dwelling unit or on a vacant contiguous lot within the specific project.
6.
The model dwelling unit shall not be used for residential occupancy prior to obtaining a certificate of occupancy.
F.
On Premises Open Lot Sales
These may be permitted only for farm produce or other products made or grown by the farm producer or immediate family.
G.
Open Lot Sales of Christmas Trees
These may be permitted for no longer than forty-five (45) days and for special fund raising events conducted by eleemosynary, religious or other non-profit institutions or organizations and in the B-2, B-3, B-4, B-5, CB, CBP, LI and HI zoning districts only.
H.
Outdoor Bazaars, Cookouts, and Similar Activities
May be permitted for no longer than three (3) days and when conducted by eleemosynary, religious or other non-profit institutions or organizations.
I.
Temporary Relocation Mobile Homes
These may be permitted for no longer than eighteen (18) months and for persons displaced as a result of natural or manmade disasters.
J.
Yard Sale
These may be permitted subject to the following:
1.
Yard (garage, basement, patio) sales are specifically permitted as a use in all residential districts.
2.
Sales shall be limited to six (6) per year, a maximum of two (2) days per sale, sixty (60) days apart.
3.
A sign on premise may be erected the day of sale, however, no signs shall be erected within street right-of-way, on telephone poles, stop signs, traffic control signs, trees or fences.
K.
Dumpsters (Construction) in the CB, CBP and Municipal Service Districts
Dumpsters to be used for construction/renovation/demolition may be permitted in the CB, CBP, and Municipal Service districts subject to the following:
1.
The time period for the initial dumpster(s) permit will be established by the applicant and City staff in accordance with the project schedule. Subsequent renewals of the permit will be handled in the same way.
2.
Renewal of the permit can be denied and the dumpster can be required to be removed if no activity is occurring to justify the need for a dumpster.
3.
The dumpster should be located so that is not visible from the street if possible.
4.
The dumpster's contents must be removed when full. Trash and debris is not allowed to overflow the dumpster or accumulate out of and around the dumpster. Violations will be subject to civil penalties.
L.
Road Construction Projects
1.
Includes uses such as, but not limited to, temporary construction/office trailers, temporary laydown yards, temporary storage of materials/stock piles, and temporary concrete mixing plants. These uses may be allowed as a temporary use for the duration of the road project, subject to the provisions of subparagraph 3 herein. These may be permitted subject to the following:
a.
The use shall meet the same setbacks as the principal structure for the zoning district to the fullest extent possible;
b.
The use shall be located so that it is not visible from the street to the fullest extent possible; and
c.
The use shall take active measures to control dust created from the project to the fullest extent possible. In accordance with North Carolina General Statutes and at the sole discretion of the City, the permit may be pulled if it finds that it violates the terms of Hazard to Public Health, Safety and Welfare.
d.
The use shall be located three hundred (300) feet from any residence.
2.
These projects are exempt from the Section 6.08 of the Unified Development Code of Statesville, Design Standards for Non-Residential Development and exempt from the Noise Ordinances found in Statesville City Code § 20-113, Code § 14-76, and Code § 6-9, with the specific and sole exception of driving pylons.
3.
These projects may be permitted for a period of up to two (2) years at a time. The projects may be renewed in one (1) year increments.
(Ord. No. 19-13, 8-5-2013; Ord. No. 09-19, 4-1-2019)
Section 5.04 - Primary Uses and Structures
A.
Adult Care Center
These may be permitted subject to the following:
1.
Shall comply with all regulations promulgated by the North Carolina Department of Human Resources;
2.
Shall maintain the residential characteristic of the surrounding neighborhood;
3.
Shall provide and maintain secure fencing along side and rear yard perimeters of property;
4.
Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m.;
5.
On-premises pick-up and drop-off areas shall be provided;
6.
All staff parking shall be provided and maintained in the rear yard;
7.
All drive and cuts shall be approved by the City Engineer and the North Carolina Department of Transportation, when applicable; and
8.
Uses designed to accommodate more than thirty (30) adults shall be located on and have direct access to a collector street.
B.
Adult Entertainment Establishment
Any structure or use of land as defined in Section 9.02 which includes the following: adult arcades, adult bookstores, adult cabarets/clubs, adult live entertainment, adult live entertainment businesses, adult motels or hotels, adult motion picture theaters, adult mini-motion picture theaters, adult theaters, adult video stores, escort agencies, adult massage businesses, nude model studios, and sexual encounter centers, provided they may not be located within two thousand (2,000) feet of another use permitted under this section, measured from the exterior walls of the buildings containing such regulated use. No use permitted may be located within one thousand five hundred (1,500) feet of an area zoned or used for residential purposes (including retirement/nursing homes, churches, schools, parks or day cares), measured from the exterior walls of the building(s) containing such regulated uses. Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas shall be out of the view of the public way and surround properties.
C.
Amusement Arcades, Pool Halls & Billiards (indoor)
No such establishment shall be located within seven hundred (700) feet of another amusement arcade, pool hall or billiard.
D.
Amusement Parks
These may be permitted upon approval from the Fire Marshal's Office and subject to the following:
1.
Shall not be located within one thousand (1,000) feet of any zoning district permitting residential uses;
2.
Shall have a minimum lot size of ten (10) acres;
3.
Setbacks for structure's equipment shall be one hundred (100) feet from property line;
4.
Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m.;
5.
Lighting shall not be directly visible from any residential zoning district; and
6.
Shall have direct access to an arterial street, as designated by the Mobility and Development Plan.
E.
Animal Hospitals, Small
These may be permitted subject to the following:
1.
Shall be limited to only the treatment of household pets and similar small animals;
2.
All activities associated with the hospital must be conducted within the enclosed principal structure; no outside runs and/or outside boarding of animals are permitted; and
3.
Shall not be located any closer than one hundred (100) feet to a residential zoning district.
F.
Animal Hospitals, Large
These may be permitted subject to the following:
1.
Accessory structures used to house animals shall be located no closer than one hundred (100) feet to any structure used for residential purposes.
2.
Grazing areas shall also meet a one hundred (100) foot separation.
3.
Area shall be maintained in a neat and orderly fashion as not to create nuisance (odor, flies) to adjacent properties.
G.
Baseball Hitting Range
These may be permitted subject to the following:
1.
Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.;
2.
A type F buffer shall be required between a baseball hitting cage and a residential lot pursuant to Section 6.04 of this code; and
3.
Lighting sources shall not be directly visible from adjacent property or street right-of-way.
H.
Bed and Breakfast
1.
These may be permitted subject to the following:
2.
No more than five (5) bedrooms per dwelling shall be used for bed and breakfast guests at any time;
3.
Accommodations shall be provided to no more than ten (10) guests at any time;
4.
One (1) additional parking space shall be required for each bedroom accommodation in addition to the required number of spaces for the residential use;
5.
Parking spaces shall be provided in the side or rear yard and shall not be permitted in the front yard as defined by the principal structures building line;
6.
No on-street parking shall be permitted for the residents of the house or the bed and breakfast guests;
7.
The duration of a guest's stay shall be less than one (1) week, defined herein as seven (7) consecutive calendar days;
8.
The operators of the bed and breakfast operation must be full time residents of the structure;
9.
Signs for the operation shall not exceed four (4) square feet and be non illuminated;
10.
The serving of meals to patrons of the bed and breakfast operation shall be limited to breakfast only;
11.
An escape route drawing shall be posted in each guest room;
12.
Smoke detectors shall be located in hallways outside the guestrooms;
13.
A centrally located five-pound, minimum, ABC fire extinguisher shall be located on each inhabited floor; and
14.
An operable telephone shall be located on each inhabited floor.
I.
Bus Garages
These may be permitted subject to the following:
1.
All maintenance shall be performed within an enclosed structure;
2.
No outside or open storage of parts, wrecked or dismantled vehicles; and
3.
Parking and storage of buses shall be within a fenced or otherwise screened area sufficient to screen them from public view, defined herein to mean not visible from adjoining properties or street right-of-way.
J.
Bus Shelters
These may be permitted subject to the following:
1.
The shelter will serve patrons of a publicly-owned or franchised bus system, operating exclusively within the Statesville Planning area;
2.
The shelter may be located on public or private property, but if on private property, it shall not occupy more than ten percent (10%) of the required setback area; and
3.
Compliance with City Code provisions regarding sight distances and sight triangles at intersections and driveways shall be required.
K.
Camps, Non-profit
These may be permitted subject to the following:
1.
Shall be located on a lot with a minimum size of five (5) acres;
2.
Building setbacks shall be fifty (50) feet from all property lines;
3.
A site plan shall be provided to the City of Statesville Planning Department for any proposed changes or updates not consistent with the site plan approved by the City;
4.
A type E buffer shall be required between any camp and a residential lot pursuant to Section 6.04 of this code; and
5.
Outdoor lighting sources shall not be directly visible to adjacent property owners.
L.
Camps, Recreational Vehicles
These may be permitted subject to the following:
1.
Trailer spaces shall be rented by the day or week only, and occupants may remain in the same park for no more than thirty (30) consecutive days.
2.
Trailers shall be separated from each other and from other structures by at least ten (10) feet, including, trailer appurtenances such as attached awnings, carports, or individual storage facilities shall be exempt from this requirement.
3.
Density shall not exceed twenty-five (25) spaces per gross acre. However, the Planning Board may approve a density bonus when sensitive environmental features are preserved.
4.
All parks shall contain at least one (1) recreation area which is easily accessible from all spaces. The recreation area shall not be less than eight percent (8%) of the gross park area or two thousand five hundred (2,500) square feet, whichever is greater.
5.
All trailers shall be located at least thirty (30) feet from any park boundary line abutting a public street or highway.
6.
Parking and maneuvering space shall be designed so the largest anticipated vehicle will not use any public street, sidewalk, public right-of-way, or adjacent private property to accomplish any movement within the park.
7.
Internal streets and roadways shall be stabilized and comply with the following paving standards:
8.
The park shall be served by a potable water supply providing a quantity and pressure necessary for reasonable service. The water supply shall provide connections to each trailer space.
9.
A sanitary sewer system conforming to state, county, and City requirements shall serve each trailer space.
10.
A central service building shall be provided within three hundred (300) feet of areas designated for dependent trailers. All common buildings for use by park users shall provide the following amenities:
Notes:
1 Parking spaces for dependent trailers.
2 Clothes washing and drying machines, ice making machine, service sink with flushing rim or sanitary station for disposal of liquid waste.
11.
Additional required facilities:
a.
Travel trailer parks designed for and exclusively limited to use by self-contained trailers shall only be required to provide one (1) flush toilet and one (1) lavatory per gender for each one hundred (100) trailer spaces or fraction thereof.
b.
Travel trailer parks operated in connection with a resort or other business establishment shall provide the required facilities independent of those required of the resort or other business.
12.
The storage, collection, and disposal of refuse in the park shall comply with state, county, and City regulations.
13.
The person to whom a certificate of occupancy is issued shall operate the park in compliance with this Section, provide adequate supervision, and maintain the park facilities and equipment in a safe and sanitary condition at all times.
M.
Cemetery, Animal
These may be permitted subject to the following:
1.
Shall comply with all regulations promulgated by the North Carolina General Statutes regarding the interment of animal remains;
2.
Shall be located on a lot with a minimum size of one (1) acre;
3.
No interment shall occur within thirty (30) feet of any property line;
4.
All structures associated with cemetery shall be setback a minimum of twenty-five (25) feet from all property lines.
N.
Cemetery, Human/Mausoleum
These may be permitted subject to the following:
1.
Shall comply with all regulations promulgated by the North Carolina General Statutes regarding the interment of human remains;
2.
Shall be located on a lot with a minimum size of two (2) acres;
3.
Adequate space within the site shall be designated for parking and maneuvering of funeral corteges;
4.
No interment shall occur within thirty (30) feet of any property line;
5.
All structures shall meet the required minimum setback of the underlying zoning district or be twenty five (25) feet from any property line, whichever is greater;
6.
All structures over twenty-five (25) feet in height must provide an additional bulk setback of two (2) feet for each foot or fraction thereof exceeding twenty-five (25) feet; and
7.
Maximum height shall not exceed height permitted in the underlying zoning district or fifty (50) feet, whichever is more restrictive.
O.
Child Care Center
These may be permitted subject to the following:
1.
Generally
a.
Shall comply with all regulations promulgated by the North Carolina Department of Human Resources;
b.
Shall maintain the residential characteristic of the surrounding neighborhood;
c.
Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m.;
d.
On-premises pick-up and drop-off areas shall be provided;
e.
All staff parking shall be provided and maintained in the rear yard;
f.
All driveway cuts shall be approved by the City Engineer and the North Carolina Department of Transportation, when applicable;
g.
The outdoor play areas shall be enclosed with a fence, which shall be built and maintained to a minimum of four (4) feet in height. No play areas shall be permitted in the required front yard;
h.
Minimum lot size shall be thirty thousand (30,000) square feet;
i.
Child care centers with more than thirty (30) children are limited to churches, schools and parks.
2.
Child Care Drop-In/Short Term Facility
Facilities must register with the State and are required to post a notice that they are not regulated by the State. If no outdoor play area is provided the facility may choose to provide thirty-five (35) square feet per child of indoor space in lieu of the outdoor play area as long as no child remains in care for more than a four-hour period per day.
P.
Houses of Worship, Storefront in CB and CBP
Houses of Worship (storefront) shall be a permissible use within existing commercial buildings as an accessory use to the principal use of the property in the CB and CBP Districts provided they do not conflict with the normal hours of operation of the principal use.
Q.
Clean Material Landfill
These may be permitted subject to the following:
1.
Shall comply with all requirements administered by the North Carolina Department of Environment and Natural Resources (DENR).
2.
Copies of all permits shall be made available to the planning director or his designee.
3.
Review and verification of site plans showing location of fill activities and copies of State certification are necessary prior to zoning clearance by staff.
4.
Fill may not be placed within boundaries of designated floodways except as permitted in Section 2.25 of this code.
R.
Clubs, Civic and Private
These may be permitted subject to the following:
1.
Minimum setbacks of forty (40) feet shall be maintained.
2.
Parking and service areas shall be limited to rear and side yards.
3.
Structure design and bulk shall be compatible to surrounding neighborhood.
4.
Lighting sources shall not be directly visible to adjacent properties.
5.
A type C buffer shall be required between this use a residential lot pursuant to Section 6.04 of this Code.
6.
If use is designed for membership exceeding twenty-five (25) people, then direct access to a collector or arterial street, as designated in the Mobility and Development Plan, shall be provided.
S.
Schools
1.
All School land uses shall abide by the following general standards:
a.
Shall have direct access and frontage on a publicly maintained roadway.
b.
Structure design and bulk shall be compatible with surrounding development.
c.
Outdoor lighting source shall not be directly visible to adjacent properties.
d.
Fire, police, and rescue services, water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities.
2.
Specific standards, Colleges, Universities, Community Colleges: These may be permitted subject to the following:
a.
Shall have direct access to a collector or arterial street, as designated by the Mobility and Development Plan.
b.
Service entry shall be limited to rear and side yard.
c.
A type C buffer shall be required between this use and a residential lot pursuant to Section 6.04 of this Code.
3.
Specific standards, Public Safety Training Facility. May be permitted subject to the following:
a.
Permitted as part of a College, University, Community College land use within the Light Industrial (LI) general use zoning district only.
b.
Land Uses shall be limited to: administrative buildings, classroom/lab training and testing facilities, physical ability test/training including outdoor exercise facilities (including locker room and shower facilities), fire training facilities (burn building, confined spaces, vehicle/airplane fire, fuel fire, rescue training, etc.), emergency medical training, vehicle extraction training, indoor shooting range, car driving facility (competency course, precision, evasive action, etc.), and customary accessory uses (maintenance garage storage, etc.).
c.
Setbacks: Individual training facilities shall observe the following:
i.
Driving facility/track: one hundred (100) feet minimum from all property lines.
ii.
Indoor shooting facility: two hundred (200) feet minimum from all property lines.
iii.
Burn tower/fire training activities: three hundred (300) feet minimum from all property lines.
T.
Communication Towers
1.
The regulations and requirements of this section are intended to provide for the location and development of commercial broadcast, non-commercial residential, and amateur radio service telecommunications towers, antennas and antenna supporting structures, and are in addition to any applicable regulations set forth in Federal Communications Commission (FCC) regulations, Federal Aviation Administration (FAA) regulations and the statutes of the State of North Carolina. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.
2.
Generally
a.
All towers and antennae must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established by named agencies. All towers and antennae must be updated and brought into conformity with such standards and regulations within six (6) months of their adoption.
b.
They shall be erected and located to eliminate damage to adjacent properties in case of collapse. Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers specifications using sound engineering and safety practices.
c.
They shall not interfere with air traffic or air travel to or from any existing or proposed airport.
d.
Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturers installation instructions.
e.
Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated.
f.
A building permit shall be required for any antenna or antenna supporting structure extending more than thirty-five (35) feet above the ground level and any freestanding antenna or antenna supporting structure extending more than twenty-five (25) feet above ground level. The Director may require submission of documentation to verify compliance with any specific applicable building or electrical code(s).
g.
Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
h.
The base of the tower shall be screened on all sides with a Buffer Yard consisting of four (4) understory trees and six (6) shrubs per fifty (50) linear feet.
i.
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views.
j.
All towers and antennae shall be equipped with an anti-climbing device such as a six (6) foot wall, fence, or other appropriate devices to prevent unauthorized access.
k.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color or colors that is identical to or closely comparable with the supporting structure and/or surrounding area so as to make the antenna and related equipment as visually unobtrusive as possible.
l.
The required landscaped buffer shall be implemented in connection with a permitted project in order to:
(1)
Screen the tower to enhance aesthetic appeal;
(2)
Control or direct vehicular and pedestrian movement;
(3)
Reduce glare;
(4)
Buffer noise; and
(5)
Establish privacy.
3.
Commercial Antennas
a.
Antennas shall be set back from property lines a distance equal to or greater than one-half (½) the height of the antenna and supporting structure or fifty (50) feet from front, rear and side yard setbacks, whichever is greater.
b.
Co-location shall be required when feasible.
c.
Transmitters on water towers shall be permitted within any zoning district.
d.
Shall not be located within three hundred (300) feet of an existing dwelling within a R-A or R-20 zoning district.
e.
Shall not be located within three hundred (300) feet of a R-15, R-10, R-8, R-5, M, MF, O-1, O & I-2, B-1 or B-2 zoning district, unless concealed within a church steeple, farm silo, or other architectural details.
f.
Shall not be located within one thousand five hundred (1,500) feet of another communication tower in a R-A, R-20, CB, CBP, B-3, B-5, LI or HI zoning district, unless concealed within a church steeple, farm silo, or other architectural details or located on top of existing structures exceeding fifty (50) feet in height.
g.
The base of the tower shall be screened on all sides with a Buffer Yard consisting of four (4) understory trees and six (6) shrubs per fifty (50) linear feet.
h.
An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:
(1)
Detailed structural plans for the antenna and the support system; and
(2)
An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the Federal Communications Commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.
4.
Amateur Radio Antennas
a.
Shall be erected and placed to eliminate damage to adjacent properties in case of collapse.
b.
Shall not interfere with air traffic or air travel to or from any existing or proposed airport.
c.
Allowable height shall be in accordance with NCGS 160D-905.
U.
Community Centers
These may be permitted subject to the following:
1.
Structure design and bulk shall be compatible to surrounding neighborhood;
2.
All required side and rear yard setbacks shall be a minimum of forty (40) feet;
3.
On-premises pick-up and drop-off areas shall be provided;
4.
Lighting sources shall not be directly visible to adjacent properties;
5.
A type D buffer shall be required between any camp and a residential lot pursuant to Section 6.04 of this Code; and
6.
If membership is not limited to residents of surrounding residential neighborhood, the site shall be located on and have direct access to an arterial or collector street as designated in the Mobility and Development Plan.
V.
Condominium Development
1.
Condominium structures shall conform to the requirements in this Code and State law.
2.
Unit ownership shall be established through an express declaration submitting the property to the provisions of the Unit Ownership Act of North Carolina, which shall be prepared in strict conformance with the Act, and recorded with the Register of Deeds.
W.
Congregate Living Facility
These may be permitted subject to the following:
1.
The requirements and standards of the North Carolina Department of Human Resources shall and continue to be met.
2.
No other congregate living facility or professional residential facility shall be located closer than two thousand (2,000) feet to such use.
3.
Each facility shall be designed and constructed to appear similar to a residential structure as possible.
4.
A sign not to exceed one and one-half (1½) square feet may be erected flush mounted to structure or on mailbox shall be permitted.
5.
No other external evidence of use shall be visible from adjacent property, public or private.
X.
Convenience Stores
These may be permitted subject to the following:
1.
Maximum building structure may not exceed three thousand five hundred (3,500) square feet of gross floor area;
2.
Shall be no more than four (4) gas pumps;
3.
All outdoor lighting sources shall not be directly visible from adjacent properties;
4.
Shall be limited to two (2) driveway cuts and curbs shall be maintained to limit access to specific driveways;
5.
Banners, flags, streamers, portable signs are prohibited.
Y.
Dwellings, CB, CBP and H-115 Zoning Districts
There shall be no minimum lot area for single family dwellings. Two-family dwelling units shall have a minimum of one thousand (1,000) square foot lot size. The maximum density for townhomes or multi-family in the CB zoning district shall be one hundred (100) units per acre; the maximum density in the CBP and H-115 zoning districts shall be fifty (50) units per acre. All construction shall meet the requirements of the North Carolina State Building Code.
Z.
Dwellings, Planned Multi-Family Developments
A planned multi-family development, which shall contain two (2) or more multi-family buildings, three (3) or more duplexes or any combination of units thereof, established on a single development tract, using unified design elements and coordinated organization of open space and service areas and developed according to an approved site plan, may be permitted subject to the following:
1.
Planned multi-family development shall only be allowed in the R-8MF Medium Density Multi-Family Residential District, the R-5MF High Density Multi-Family Residential District, subject to the following requirements:
a.
Minimum side and rear yard setbacks shall conform to the underlying district. However, where adjoining land is developed with single-family dwellings or zoned for single family dwellings only, the side setback shall be fifteen (15) feet and the rear setback shall be thirty-five (35) feet.
b.
Every residential building in a planned multi-family development shall be located at least fifteen (15) feet from every other building within the development.
c.
Every residential building front a public or private street.
d.
Individual units shall not have driveways from a public or private street.
e.
The quantity of parking shall be provided in accordance with the regulations and requirements of the Unified Development Code.
f.
Parking may be provided by any of or a combination of any of the following and shall be outside of the public or private rights-of-way associated with streets, roads, or alleys: unit specific parking pad, unit specific garage, shared parking lot.
g.
Unit specific parking shall only be accessed from a private alley.
2.
Interior streets may be designated as private streets by the City Council, upon considering the adopted Mobility and Development Plan, existing and proposed neighborhood streets and circulation needs, the relationship of the site to adjoining lands, the size and shape of the development, the number of dwellings within and adjacent to the development, and anticipated traffic volumes.
3.
The design and arrangement of private streets shall be in accordance with the City of Statesville Street Specifications, reviewed by the Planning Board and approved by the City Council.
4.
The parking and circulation plan shall provide safe, quick and convenient access and circulation for emergency, refuse collection, service, and delivery vehicles.
a.
The plan shall indicate locations and service connections for fire hydrants and refuse collection points.
b.
Service sides shall be identified with due consideration given to the location of refuse collection points, mechanical equipment, ingress and egress, and building design and arrangement.
5.
Unenclosed parking areas for developments larger than one (1) acre shall be located no closer than fifteen (15) feet from a building. Unenclosed parking areas for developments one (1) acre or less shall be located no closer than eight (8) feet from a building. Unenclosed parking areas shall be located no closer than five (5) feet from purely service sides and ends of buildings without access.
6.
Site plans shall be designed to minimize adverse impacts from the development on surrounding properties. Creativity in site plan design shall account for the size and shape of the tract, topography and grading, the reasonable preservation of natural features and vegetation, the size and relationship of buildings, and the character and relationship of adjoining properties. Buildings should be arranged so building fronts do not face building rears. Site design shall also address the location and arrangement of recreation and parking areas, the nature and extent of screening, and street and open space design and utilization, both internal to the site and in relation to surrounding properties.
AA.
Family Care Home
These may be permitted subjected to the following:
1.
Requirements and standards of the North Carolina Department of Health and Human Services shall and continue to be met.
2.
Certification shall be made available to planning director or his designee prior to certificate of occupancy and on an annual basis certifying criteria has continued to be met.
3.
No such establishment shall be located within a one-half-mile radius of another congregate living facility, or family care home as measured in a straight line, from the closest property lines of the respective facilities.
4.
Facilities shall not be used for the personal care and habilitation of mentally ill persons who are dangerous to others as defined by G.S. § 122C-3(11)(b).
5.
Design and bulk of structure shall be compatible to surrounding neighborhood.
BB.
Farming, Truck Gardening, Crop Production, Tree Farm
These may be permitted subject to the following:
1.
Shall be permitted provided that all farm buildings housing animals shall not be located closer than one hundred (100) feet to an existing structure used for residential purposes.
CC.
Fitness Center
1.
For outdoor lighting Section 6.05 Lighting (attached), shall apply.
2.
When accompanied by outdoor recreation and the property is adjacent to a residential property, a church, school or library; Section 6.04 Landscape Standards (attached), shall apply.
3.
When accompanied by outdoor recreation, Section 14.76 Noise (attached), of the City Code shall apply.
4.
Hours of operation for Recreation Outdoors shall be limited to 5:00 a.m. to 10:00 p.m.
DD.
Flea Market (Outdoor)
These may be permitted subject to the following:
1.
Outdoor flea markets shall be maintained as licensed retail business.
2.
A Permanent office shall be located on the same lot as the flea market.
3.
Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.
4.
Tables, booths, shelters shall comply with all setback requirements.
5.
The lot shall be maintained in neat and orderly fashion.
6.
One (1) sign may be maintained identifying the flea market, but banners, flags and streamers are prohibited.
EE.
Food Stores
These may be permitted subject to the following:
1.
Shall be located on and have direct access to collector or arterial street, as designated by the Mobility and Development Plan;
2.
All loading, delivery and service areas shall be from rear of building;
3.
Outside display of merchandise is prohibited.
FF.
Fraternities & Sororities
These may be permitted subject to the following:
1.
Minimum lot size shall be fifteen thousand (15,000) square feet;
2.
There shall be useable floor space of no less than two hundred fifty (250) square feet per resident;
3.
Parking shall be located in the rear or side yard and adequately screened;
4.
One (1) non-illuminated sign not exceeding nine (9) square feet may be erected;
5.
Structure design and bulk shall be compatible with surrounding neighborhood;
6.
Sources of outdoor lighting shall not be directly visible to adjacent properties.
GG.
Funeral Parlors and/or Crematoria
These may be permitted subject to the following:
1.
Shall be located on and have direct access to collector or arterial street, as designated by the Mobility and Development Plan;
2.
Parking shall be located in the rear or side yard;
3.
Structure design and bulk shall be compatible with surrounding neighborhood.
HH.
Gas Stations
These may be permitted subject to the following:
1.
Maximum lot size shall not exceed twenty thousand (20,000) square feet;
2.
The building structure may not exceed two thousand (2,000) square feet;
3.
Auto maintenance service bays and carwashes shall be prohibited;
4.
There shall be no more than two (2) driveway cuts and a curb shall be maintained limiting access to drive cuts;
5.
Banners, flags, streamers and portable signs are prohibited.
II.
Glass and Mirror Sales and Repair
These may be permitted subject to the following:
1.
All services shall be conducted within an enclosed structure, with no open view of vehicles to be repaired.
2.
The service area shall not exceed one-half (½) of the gross floor area.
JJ.
Jails
These may be permitted in the downtown municipal service district and properties adjacent thereto subject to the following:
1.
The height may be increased up to eighty (80) feet.
2.
Streetscape elements such as streetlamps and brick pavers may be required.
KK.
Laboratories, Research/Testing
These may be permitted subject to the following:
1.
A floor plan, list of chemicals, chemical amounts and chemical storage area information, including contents and location, shall be provided to the City Fire Marshal. This information shall be maintained, updated and provided to the City Fire Marshal.
2.
Labs shall not be located within one thousand (1,000) feet of an existing residential use or zoning district.
3.
All activities and storage shall be within an enclosed structure and the property enclosed with a secure fence.
LL.
Manufactured/Mobile Housing
1.
The purpose of this section is to ensure manufactured housing shall have the appearance of an on-site, conventionally-built residential dwelling. The conditions of this Section apply to manufactured and modular homes.
2.
A Class A manufactured house shall comply with the following development and design standards:
a.
All manufactured homes shall conform to single-family residential design standards established pursuant to these Regulations.
b.
The home shall have a minimum width of sixteen (16) feet, measured perpendicular to the longest axis at the narrowest cross section.
c.
The home shall have a maximum length up to four (4) times its width, measured along the longest axis.
d.
The longest axis of the home shall be oriented within ten (10) degrees of perpendicular to the lot frontage.
e.
All homes shall abut a paved roadway which shall be adequately lighted and drained and have direct access to collector or arterial street as designated by the Mobility and Development Plan.
f.
The home shall be secured in accordance with North Carolina Department of Insurance standards, including a permanent and continuous perimeter masonry foundation or masonry curtain wall leaving no uncovered open areas excepting vents and crawl spaces constructed in accordance with North Carolina Uniform Residential Building Codes for One- and Two-Family Dwellings. Anchor design shall be approved by the City Engineer prior to installation and shall comply with any requirements of the State. All wheels, hitches, axles, transporting lights and removable towing apparatus shall be permanently removed prior to installation of the home.
g.
Homes shall have a pitched roof, with a slope that rises vertically not less than three and one-half (3½) inches for each twelve (12) inches of a horizontal run. Roof material shall be class C or better and commonly used in standard residential construction. Eaves shall measure at least six (6) inches, including a gutter.
h.
The exterior material shall be of a color, material and appearance compatible with those of existing single-family dwellings including, but not limited to: residential horizontal aluminum lap siding, residential horizontal vinyl lap siding, cedar or other wood siding, wood grain, weather resistant, press board siding, brick, stucco, stone or masonry siding, or other siding materials which are determined by the Planning Works Director to be aesthetically compatible with the above-referenced materials. Flat or corrugated sheet metal shall not be used for exterior siding material. The exterior covering material shall extend to the top of the perimeter foundation.
i.
Canopies and awnings may be attached to any home and may be enclosed and used for recreation or sun room purposes. A building permit shall be required when enclosed for living purposes.
j.
Stairs, porches, entrance platforms, ramps and other means of ingress/egress shall be constructed in accordance with North Carolina State Building Codes. Wood stairs shall only be used with a porch or entrance platform measuring at least twenty-four (24) square feet.
3.
Exceptions to these single-family residential design standards may be authorized when the City finds that the exception will enhance the architectural character of the home and neighborhood and be compatible with adjacent development.
4.
Class A manufactured homes placed on individual lots shall be located upon the lot in conformance with the requirements of the underlying zoning district.
5.
Class B manufactured homes may be placed on an individual lot if one (1) of the following conditions exists:
a.
Shall only be permitted on an R-A zoned parcel of property;
b.
The lot is located within a subdivision restricted to manufactured homes; or
c.
The lot is not situated within a subdivision containing four (4) or more lots with twenty-five percent (25%) of the housing being site-built single family structures, and seventy-five percent (75%) of the land area within two hundred (200) feet of the manufactured home lot is vacant or developed with other manufactured housing.
d.
The home must have skirting completely enclosing the undercarriage from the ground up, made of a material compatible with the exterior finish of the manufactured home.
6.
Class C manufactured homes shall only be permitted on an R-A zoned parcel of property.
MM.
Manufactured Home Park
A manufactured housing park may be approved subject to the following criteria:
1.
The park shall contain a minimum of two (2) acres, have at least five (5) spaces available at first occupancy, and have no more than seven (7) homes per gross acre.
2.
Each space shall provide at least sixteen (16) feet of front yard, ten (10) feet of rear yard, twenty (20) feet on the hitch end and ten (10) feet on the trailing end of the home.
3.
No manufactured home or structure shall be closer than twenty-five (25) feet to any property line of the manufactured home subdivision, street or highway, nor closer than twenty (20) feet to another manufactured home or any building in the park except where manufactured homes are parked end to end, the end clearance shall be at least twenty (20) feet.
4.
Parking shall be permitted on the front yard and the hitch end.
5.
Access to the park shall be directly from a public road.
6.
Two-way streets within the park shall be paved twenty-two (22) feet wide. One-way streets shall be paved eighteen (18) feet wide. Each space shall have access to a street, and shall provide two (2) off-street parking spaces in parking bays.
7.
Driveways, streets, sidewalks, and approaches to common buildings shall be lighted at night.
8.
Each space shall have a concrete patio at least six (6) feet wide containing a minimum of one hundred eighty (180) square feet, and joined to the parking bay by a paved walk. An unenclosed canopy, no more than eight (8) feet wide, may be placed over the patio. The patio and canopy may occupy a required yard.
9.
The park shall be located outside the one hundred (100) year floodplain and be graded to prevent the accumulation or ponding of water. Stormwater drainage shall be confined or piped such that it will not endanger any water supply.
10.
The park shall be visually screened from adjacent properties with a landscape screen at least six (6) feet high. No landscape screen shall extend nearer to a street right-of-way than the established building line of adjoining lots. At a minimum, each manufactured home lot shall have not less than two (2) canopy trees measuring two and one-half (2½) inches caliper measured at one (1) foot above ground level at the time of planting.
11.
Service buildings or other facilities for laundry, sanitation and other uses, shall be located at least twenty-five (25) feet from property lines and shall be accessible to each manufactured home by hard-surfaced access roads and walks.
12.
At least ten percent (10%) of the property shall be designed and developed as a recreation area. Playground and recreational park spaces for use of the residents of the subdivision shall be separate in addition to the open space between the habitable structures and shall be a minimum of four hundred (400) square feet per manufactured home lot. Streets, sidewalks, parking areas and accessory buildings shall not be included in the computation of the required recreation space area.
13.
The park may have one (1) sign per entrance, each sign not to exceed twelve (12) square feet in area.
14.
The park shall be served by a potable water supply capable of providing six (6) gallons per minute at a minimum pressure of twenty (20) pounds per square inch (psi) to each space. When a public supply is unavailable, a private supply shall be approved by the Health Department. All water piping shall be constructed and maintained in accordance with State and local laws; the water piping system shall not be connected with nonpotable or questionable water supplies, or subject to the hazards of back-flow or back-siphonage. Individual water service connections shall be provided for direct use at each space and shall be constructed so that they will be protected from damage during the placement of homes.
15.
Each space shall have access to a four (4) inch sewer connection and fittings conforming to City standards. Each connection shall be designed to be closed when in use. Sewer lines shall be constructed in accordance with recommendations and standards of the City Public Works Department, adequately vented, and laid with sufficient earth cover to prevent breakage from traffic. Where the park is not connected to a public sewer, a private sewage treatment and disposal plant or septic system shall be approved by the County Health Officer. The effluent of a sewage treatment plant shall not be discharged into any waters of the State except with prior approval of the appropriate State authority and the County Health Officer. Private sewage disposal plants shall be located to not create a nuisance or health hazard to the park or its occupants, or any nearby properties.
16.
The refuse collection system shall be approved by the City Sanitation Director.
17.
All power and telephone lines shall be installed underground and shall be in compliance with the standards of the utility provider.
18.
A shelter shall be provided for every park or subdivision with more than five (5) manufactured homes. The storm shelter must be constructed to accommodate fifteen (15) square feet per manufactured home in the park.
NN.
Motor Repair, Small
Shall include repair and maintenance of residential lawn and garden equipment, chainsaws and similar equipment. All work to be done within an enclosed structure, no outside storage of any type.
OO.
Motor Vehicle Repair (major)
These may be permitted subject to the following:
1.
All work shall be conducted in an enclosed area.
2.
Open storage of parts, equipment or vehicles in need of repair shall be prohibited.
3.
Storage of inoperable or wrecked vehicles for more than one hundred eighty (180) days shall be prohibited.
PP.
Motor Vehicle Repair (minor)
These may be permitted subject to the following:
1.
All work to be conducted in an enclosed structure.
2.
Minor repair shall include normal maintenance (oil change, tune-up, tire rotation, belt replacements) work which can be done within a day's time.
3.
No open storage of parts, equipment, or vehicles on premises for longer than forty-eight (48) hours.
QQ.
Nursing, Convalescent and Extended Care Facilities
These may be permitted subject to the following:
1.
All requirements of the State of North Carolina Department of Human Resources shall and continue to be met.
2.
Facilities shall not be used primarily for the treatment of contagious diseases, alcoholics, drug addicts or psychotics.
3.
All facilities shall have direct access to a collector or arterial street as designated in the Mobility and Development Plan.
4.
Minimum lot size shall be thirty thousand (30,000) square feet.
5.
Front, side and rear yard setbacks shall be a minimum of fifty (50) feet.
6.
Buffers and screening shall comply with Type C Buffer Yard standards.
RR.
Orphanage
These may be permitted subject to the following:
1.
All requirements and standards of North Carolina Department of Human Resources shall and continue to be met.
2.
Minimum lot size shall be twenty thousand (20,000) square feet.
3.
Design and bulk of structure shall be compatible with surrounding neighborhood.
4.
Parking minimums (one (1) per employee, one (1) per use vehicle, plus one-fourth (¼) per resident) shall be located in side or rear yard.
5.
Screening of parking area shall comply with Type C Buffer Yard standards.
6.
A sign one and one-half (1½) square feet in size may be erected flush to structure or mailbox.
SS.
Parking, Off-Street in Residential Zones
These may be permitted subject to the following:
1.
Parking areas shall have adequate drainage, and shall be provided with bumper guards where required.
2.
Parking areas shall be used for the parking of automobiles only on a temporary basis, with no sales, storage, repair work, dismantling, or servicing of any kind to be permitted.
3.
All required parking spaces shall be of such design and located so as to be convenient and readily usable by the patrons.
4.
Sufficient area shall be provided within the property lines so that all vehicles may enter and leave in a forward motion.
5.
Screening in accordance with the "C" bufferyard whenever a parking lot abuts or is located opposite a Residential (R) district.
6.
All parking lots shall be constructed in such a manner that contamination by dust or dust clouds will not exist. This is to be accomplished in accordance with the requirements set forth in the Vehicle Accommodation Area Surfaces section.
7.
If night time parking is to be permitted it shall be lighted with the provision that the lights shall be shielded so as to prevent direct beaming into adjoining residential areas. This provision may be deleted if a majority of the abutting property owners formally object to the lighting.
TT.
Philanthropic and Eleemosynary
These may be permitted subject to the following:
1.
Shall be operated on nonprofit basis.
2.
Parking and service areas shall be limited to rear and side yard.
3.
Parking area shall comply with Type C Buffer Yard standards.
4.
Design and bulk of structure shall be compatible with surrounding area.
5.
Use shall not be primarily for treatment of alcoholics, contagious disease, drug addicts or psychotics.
6.
Outdoor lighting sources shall not be visible to adjacent properties.
UU.
Photofinishing Labs
These may be permitted subject to the following:
1.
Approval for lab shall be obtained from director of wastewater treatment or his designee prior to building permit or certificate of occupancy being issued.
2.
Labs less than one thousand (1,000) square feet shall not exceed daily water consumption of five thousand (5,000) gallons.
VV.
Places of Assembly
These may be permitted subject to the following:
1.
Shall be located and have direct access to a collector or arterial street as designated by the Mobility and Development Plan.
2.
Off-street parking shall be maintained within a zoning district.
3.
Design of facility shall be compatible with surrounding neighborhoods.
4.
Shall not be located within five hundred (500) feet of a residential zoning district.
5.
Outdoor lighting sources shall not be directly visible to any residential zoning district.
6.
Service areas shall be at the rear of the building and screened from any public right-of-way.
WW.
Plant Nurseries
Shall be incidental to the residence and operated on a non-profit basis.
XX.
Public Service Facilities
These may be permitted subject to the following:
1.
The facility shall have direct access to a collector or arterial street as designated in the Mobility and Development Plan.
2.
Buffering and screening shall meet the requirements of Section 6.04.
3.
Setbacks shall meet the standards of the zoning district in which the facility is located.
4.
Whenever possible such facilities shall be designed and constructed to have the same height and bulk as adjacent structures.
YY.
Public Use Facility
These may be permitted subject to the following:
1.
The facility shall have direct access to a collector or arterial street as shown on the Mobility and Development Plan.
2.
Buffering and screening shall meet the requirements of Section 6.04.
3.
Setbacks shall meet the standards of the zoning district in which the facility is located.
4.
Whenever possible such facilities shall be designed and constructed to have the same height and bulk as adjacent structures.
ZZ.
Publishing and Printing
These may be permitted subject to the following:
1.
Printing/publishing area shall not exceed two thousand five hundred (2,500) square feet.
2.
All deliveries and service areas shall be to rear of the building and shall be screened from any public right-of-way.
3.
Water consumption exceeding five thousand (5,000) gallons per day shall be approved by director of wastewater treatment or his designee.
AAA.
Race Tracks
Minimum lot size shall be forty (40) acres, lot shall have direct access to an arterial street. Bufferyards shall meet the requirements of "Bufferyard F" in Section 6.04. Shall not be located within two thousand (2,000) feet of a zone permitting residential uses.
BBB.
Radio Television Receiving Antenna
Any radio or television receiving dish shall only be located within the rear yard or an interior side yard, provided that such structures are more distant from the street than any part of the principal building on the same lot and any part of the principal building on any lot abutting required side yard.
CCC.
Recreation Outdoor
1.
For outdoor lighting Section 6.05 Lighting (attached), shall apply.
2.
When the property is adjacent to a residential property, a church, school or library; Section 6.04 Landscape Standards (attached), shall apply.
3.
Section 14.76 Noise (attached), of the City Code shall apply.
4.
Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m.
DDD.
Recycling Collection Center
These may be permitted subject to the following:
Small:
1.
Facility shall not exceed five hundred (500) square feet in size.
2.
Facility may only collect paper, glass, metal and plastic recyclable materials.
3.
Shall be located outside of required parking of host tract.
4.
Shall set back a minimum of ten (10) feet from any street right-of-way.
5.
Shall not be located within fifty (50) feet of a residential zoning district.
6.
No power-driven equipment shall be permitted.
7.
Containers shall be waterproof and rustproof.
8.
No storage outside of containers shall be permitted.
9.
Container may have logo not exceeding fifteen (15) square feet.
10.
The name, address and phone number of persons responsible for pick-up and maintenance shall be displayed on containers.
Large:
1.
Facilities larger than five hundred (500) square feet shall be on separate lot.
2.
Facilities may not be located closer than one hundred (100) feet to a residential zoning district.
3.
Screening shall comply with Type F Buffer Yard standards.
4.
All loading and storage shall be to rear of building and screened from view of any adjacent right-of-way.
5.
All exterior storage shall be in containers or under shelter which are covered and secured.
6.
No outside storage shall be visible to adjacent properties.
7.
Any facility located within one thousand (1,000) feet of a residential structure or zone may not operate before 7:00 a.m. or after 7:00 p.m.
8.
A site plan detailing layout of operation shall be submitted to the planning department for approval.
EEE.
Residential Event Centers
These may be permitted subject to the following:
1.
No on-street parking shall be permitted.
2.
Off-street parking shall be maintained at a ratio of one-half (.5) spaces per guest. Parking shall be provided on-site or in agreement with a lot owner within five hundred (500) feet of the event facility. A signed agreement is required prior to any event center being permitted.
3.
The facility must be on site that is one (1) acre in size or larger.
4.
Events must end by 9:00 p.m. Sunday-Thursday and 11:00 p.m. Friday and Saturday.
5.
There shall be no more than one hundred fifty (150) guests at any one (1) particular event.
6.
The facility must be the owner's principal residence.
7.
The facility shall strive to limit impacts on adjacent properties by keeping all lighting and sounds directed inward of the property boundary.
8.
Noise shall be such that at no point outside the perimeter of the property measure over ninety (90) decibels.
9.
The site must have a landscaped eight (8) foot buffer or a hardscaped six (6) foot buffer for screening purposes along the property line of adjoining residential properties.
10.
An off-duty sworn police officer must be hired for parking and traffic flow.
11.
A residential event center must be located in a locally designated Historic District.
12.
This section will sunset on May 12, 2019 unless the city council passes a motion for its continuance.
FFF.
Roadside Stands
These may be permitted subject to the following:
1.
Only the occupant of the dwelling may be employed.
2.
Stand may not exceed three hundred (300) square feet in size.
3.
A minimum of three (3) off-street parking spaces with maneuvering area shall be provided.
4.
Any source of outdoor lighting shall not be visible to adjacent properties.
5.
One (1) non-illuminated sign not to exceed fifteen (15) square feet may be erected.
GGG.
Shooting/Firing Ranges (Indoor)
These may be permitted subject to the following:
1.
No such establishment shall be located within two hundred (200) feet of a church or other religious institution, public or private school, daycare or any residential structure. This separation shall be measured from structure to structure.
2.
Certification shall be provided that the structure has been soundproofed and walls lined to prevent any negative impacts to adjoining properties.
HHH.
Sanitariums and Mental Institutions
These may be permitted subject to the following:
1.
Facility shall comply with all applicable Federal, State and local requirements.
2.
Shall have frontage and direct access onto a collector or arterial street as designated in the Mobility and Development Plan.
3.
Minimum lot size shall be five (5) acres, with a minimum lot frontage of three hundred (300) feet.
4.
Structures shall setback a minimum of two hundred (200) feet from all lot lines.
5.
At the time of site plan review facility operators shall provide what measures will be utilized to prevent unauthorized exit of patients, the status of patients to be institutionalized shall be provided to determine need for more elaborate security measures.
6.
Signs shall be limited to one (1) non-illuminated not to exceed six (6) square feet, no other external evidence of sanitarium for identification or advertising purpose shall be permitted.
7.
Buffer and screening shall comply with Type C Buffer Yard standards.
III.
Sewer Treatment Facility
These may be permitted subject to the following:
1.
Buffer Yard and screening shall be determined at site plan review.
2.
All minimum setbacks shall be fifty (50) feet.
3.
Whenever possible the facility shall be designed and constructed to have same height and bulk as adjacent structures.
JJJ.
Stables
These may be permitted subject to the following:
1.
Stables used as an accessory use to house animals shall be located no closer than one hundred (100) feet to any structure used for residential purposes.
2.
Grazing, riding areas associated with stable shall also meet one hundred (100) foot separation.
3.
A Type E Buffer Yard shall be maintained around stable/grazing area.
4.
Area shall be maintained in a neat and orderly fashion as not to create nuisances (odor, flies) to adjacent properties.
KKK.
Tobacco Shop
1.
An establishment intended for the sale of tobacco products (see definition) and tobacco paraphernalia (see definition). This may also include hookah, vape, e-cigarette, cigar and cigarette sales. If on-site consumption is allowed, the use may not involve the on-site consumption of alcohol or food (i.e., bar and/or restaurant) consistent with North Carolina state regulations. A grocery store, convenience store, or similar retail use that sells tobacco products or tobacco paraphernalia as an ancillary sale is not included in this definition.
2.
Use of neon and LED lighting shall be prohibited consistent with Section 6.05.
3.
Shall not be located within one thousand five hundred (1,500) feet from another Tobacco Shop.
LLL.
Truck Stop/Travel Plaza
These may be permitted subject to the following:
1.
Driveway access to the site must be within seven hundred (700) feet of a full access interstate interchange right-of-way.
(Ord. No. 01-14, 3-17-2014; Ord. No. 27-15, 12-7-2015; Ord. No. 29-15, 12-7-2015; Ord. No. 02-16, 2-1-2016; Ord. No. 43-17, 11-20-17; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 10-23, § 2, 4-3-2023; Ord. No. 19-23, 5-1-2023; Ord. No. 22-23, § 2, 6-5-2023; Ord. No. 30-23, 8-7-2023; Ord. No. 31-23, §§ 3, 4, 8-7-2023; Ord. No. 45-23, 11-6-2023; Ord. No. 47-23, 11-6-2023)
Section 5.05 - Performance Standards
1.
Outdoor Lighting - The light source of outdoor lighting fixtures shall not be directly visible from the property outside the zoning lot on which it is located. Additionally, the maximum illumination permitted at the zoning lot line from any commercial or industrial zoned or used property onto a lot line of any adjacent residentially zoned lot shall be 0.20 foot-candles.
2.
Sound - When manufacturing, processing and assembly operations adjoin property zoned for residential purposes equipment, venting, and noise producing operations shall be oriented away from such use. This shall include but not be limited to: air conditioning units, compressors, venting, loading docks, and parking areas. When the orientation away from residential zones or uses is impractical, review by the Planning Board and Council shall be required. Additional screening and/or sound barriers may be required to lessen the impact on the residential uses.
a.
Equivalent sound levels shall not exceed the following maximum standards:
Between 7:00 a.m. and 8:00 p.m. — 65 dBA
Between 8:00 p.m. and 7:00 a.m. — 55 dBA
b.
Noise measurements shall be made at the property line nearest the source of the noise on the receiving property. Such noise measurements shall be made at a height of least four (4) feet above the ground and at a point approximately ten (10) feet way from walls, barriers, obstructions (trees, bushes, etc.) on a second level meter operated on the "A" weighting network (scale).
c.
Certification shall be provided to the Planning Director and/or his designee prior to approval. The owner or operator will be responsible for re-certification/testing if complaints are received.
3.
Vibration levels shall not exceed the following standards:
a.
Maximum Peak Particle Velocity
b.
The maximum particle velocity shall be the maximum displacement vector sums of three (3) mutually perpendicular components, recorded simultaneously, and multiplies by the frequency in cycles per second. For purposes of this code, steady states vibrations are vibrations that are continuous or vibrating in discrete impulses more frequent that sixty (60).
(a)
All measurements to determine compliance shall be made outside and immediately adjacent to the walls of the building housing the use.