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Stoneville City Zoning Code

DISTRICT REGULATIONS

§ 151.085 GENERALLY.

    (A)   The town is hereby divided into the following general use districts:
 
B-l
Business, Office and Institutional
HB
Highway Business
I-1
Industrial
RA
Residential Agriculture
RS
Residential Suburban
 
   (B)   Conditional districts.
      (1)   It is noted that a conditional district (bearing the designation CD) corresponds to each of the other districts authorized in this chapter. It is recognized by the Town of Stoneville that certain types of zoning districts would be inappropriate at particular locations in the absence of clearly defined conditions. Such districts may include, general use districts and conditional zoning districts, in which site plans and individualized development conditions are imposed.
      (2)   Property may be placed in a conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to these districts may be proposed by the petitioner or the town or its agencies, but only those conditions mutually approved by the town and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to town ordinances and an officially adopted Comprehensive Plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
      (3)   The procedure for granting conditional zoning districts shall be the same legislative process required of the Town Council as authorized by G.S. Ch. 160D, Art. 18.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)

§ 151.086 RA, RESIDENTIAL AGRICULTURE DISTRICT.

    The purpose of this district is to provide a place for agriculture and very low-density residential uses where public water and sewer service is not available.
   (A)   Permitted uses.
      (1)   Residential uses, town limits: single-family residences within the town limits. From and after the effective date of certain amendments to § 151.136, individual mobile homes on individual lots are not permitted in any of the zoning districts within the corporate limits of the town;
      (2)   Residential uses, extraterritorial limits of the town:
         (a)   Single-family residences, two-family residences, and mobile homes on individual lots. Mobile homes shall be subject to the same setback and yard requirements as single-family residences. Mobile homes shall also be firmly anchored to the ground in an approved manner and shall be skirted or equipped with a continuous closed foundation;
         (b)   Manufactured homes shall meet Class AA or Class A standards, effective May 1, 1999. Class B manufactured homes are permitted in manufactured home parks and not on single-family residential lots, except that any Class B home located and properly permitted (zoning and building) in the town's zoning jurisdiction before the effective date of this division may be moved to an individual lot in the RA zoning districts in the ETJ, provided the towing apparatus is removed and has either:
            1.   A continuous, permanent masonry foundation or masonry curtain wall constructed in accordance with the standards of the N.C. Uniform Residential Building Code for One- and Two-Family Dwellings, unpierced except for required ventilation with access installed under the perimeter, and no visible exposed concrete block; or
            2.   A replica hand-laid brick or hand-cut stone that provides the authenticity of real brick or stone, with panels made from an injection molded thermoplastic resin formulated with special additives to enhance long-term performance; a weight of approximately four and one-half pounds each for brick or stone panels and 20 pounds per square; panels contain UV inhibitors to protect against damaging sun effects and are highly resistant to harsh weather conditions; the thickness of panels is approximately one-quarter inch in brick area to one-eighth inch in mortar area; and will not support combustion.
      (3)   Customary home occupations;
      (4)   Community uses: churches and affiliated use (i.e., religious education centers); and
      (5)   Farm uses: bona fide farms and their customary appurtenances, including female chickens in accordance with § 93.06.
   (B)   Supplemental requirements. These uses shall be permitted subject to the additional regulations imposed:
      (1)   Accessory buildings: accessory buildings shall not be used for residential purposes, and such buildings shall be permitted only in a rear yard not less than ten feet from any property line; except that, in the case of corner lots, such buildings shall be set back at least 18 feet from any side street right-of-way line;
      (2)   Unenclosed porches and carports: unenclosed porches and carports one story in height may project not more than ten feet into the front yard, nor more than six feet into a required rear yard; and
      (3)   Fences: fences in excess of eight feet shall not be erected on or around any property within this residential zone, except in the front yard where no fence shall exceed four feet.
   (C)   Special uses, procedure.
      (1)   A special use permit may be issued by the Zoning Administrator after authorization by the Board of Adjustment. Such permit shall be issued only after due notice and hearing; and provided that the Board determines (see § 151.070):
         (a)   It is necessary for the public health or general interest and welfare;
         (b)   It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities;
         (c)   Neighborhood character and surrounding property values are reasonably safeguarded; and
         (d)   Use therefore will not cause undue traffic congestion or create a traffic hazard.
      (2)   Special uses include mobile home parks, rest homes, temporary saw mills, travel trailer parks, hospitals, schools, public utilities, railroads, utility substations, pumping stations, fire stations, police stations, cemeteries, libraries, grounds and facilities for recreational purposes, community center buildings, country clubs, lakes, parks, playgrounds, golf courses (except miniature courses and driving ranges operated for commercial purposes), circuses, carnivals and fairs.
   (D)   Dimensional requirements.
      (1)   The following requirements are in references to watershed regulations:
 
Lot area
Minimum required lot area for each dwelling unit
21,780 square feet
Lot coverage
The total ground area covered by a single-family residential unit and all accessory buildings shall not exceed 40% of the total lot area. However, when an erosion and sedimentation control plan is required, all residential and non-residential development shall not exceed 24% built-upon area, on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
 
      (2)   The following requirements apply to this chapter:
 
Corner side yard
Minimum required width of any corner side yard
18 feet
Front yard
Minimum required mean depth of front yard
30 feet
Lot area
Minimum required lot area for the first dwelling unit
6,000 sq. ft; minimum required additional area for each additional dwelling in the principal structure: 3,000 sq. ft. However, when an erosion and sedimentation control plan is required, all single-family residential lots shall not be less than 21,780 sq. ft. per dwelling units or 14,520 sq. ft. for projects without a curb and gutter system, except in an approved cluster development.
Lot coverage
The total, ground area covered by the building and all accessory buildings (including any roofed area) shall not exceed 40% of the total lot area. However, when an erosion and sedimentation control plan is required, all residential and non-residential development shall not exceed 24% built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
Lot width
Minimum required mean lot width for each dwelling unit
100 feet
Rear yard
Minimum required mean depth of rear yard
25 feet
Side yards
Minimum required width of any side yard
15 feet
 
   (E)   Off-street parking. As specified in §§ 151.105 and 151.106.
(Ord. passed 7-1-1980; Ord. passed 9-7-1993; Ord. passed 4-6-1999; Ord. O-2020-01, passed 5-5-2020; Res. R-2021-03, passed 6-24-2021)

§ 151.087 RS, RESIDENTIAL SUBURBAN DISTRICT.

    The purpose of this district is to provide a place for low density residential uses where public water and sewer service may be available.
   (A)   Permitted uses.
      (1)   Any use permitted in the RA District;
      (2)   Rooming houses; and
      (3)   Multi-family dwellings of four units or less.
   (B)   Special use permit required.
      (1)   Any special use permitted in the RA District; and
      (2)   Multi-family dwellings of over four units. A plan of any proposed multi-family development of over four units in the principal structure, shall be submitted to the Planning Board for review and approval. The plan shall show all curb cuts, driveways, off-street parking areas, walkways, and open areas to be set aside for special uses; the location, height and materials for any proposed wall, fences and screen planting, the types of paving or other surfacing to be used in the various areas; and such other site information as may be necessary to describe completely the proposed development.
   (C)   Special uses. Any special use (with the same requirements and restrictions) permitted in the RA District.
   (D)   Dimensional requirements.
Corner side yard
Minimum required width of any corner side yard per structure
18 feet
Front yard
Minimum required mean depth of front yard per structure
25 feet
Lot area
Minimum required area for the first dwelling unit
6,000 square feet
Minimum required additional area for each additional dwelling unit in the principal structure
3,000 square feet
Lot coverage
The total ground area covered by the building (and all accessory buildings, including any roofed area) shall not exceed 40% of the total lot area
Lot width
Minimum required mean lot width
60 feet
Rear yard
Minimum required mean depth of rear yard
20 feet
Side yards
Minimum required width of side yard per structure
10 feet
 
   (E)   Off-street parking. As specified in §§ 151.105 and 151.106.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)

§ 151.088 B-1, BUSINESS, OFFICE AND INSTITUTIONAL DISTRICT.

    The regulations for this district are designed to promote high-quality business and office use in downtown Stoneville. However, the storage of toxic and hazardous materials is prohibited unless a spill containment plan is implemented.
   (A)   Permitted uses.
      (1)   Retail trade: all types of small retail establishments whose operations are conducted indoors, such as clothing, jewelry, music, sporting goods, groceries and drugs;
      (2)   Finance: all types of finance, insurance and real estate offices;
      (3)   Services: all types of small service establishments whose operations are conducted indoors, such as barber and beauty care, restaurants and bars, shoe repair, laundry and dry cleaning, and medical and dental offices; and
      (4)   Institutions: all types of institutions such as churches and non-profit social clubs.
   (B)   Permitted use subject to use standards. Mixed uses. A "mixed use" refers to the occupancy of a building by residential and nonresidential uses. Mixed use is permitted provided that any residential units must be located on the second floor of a mixed-use building, and the nonresidential use of such building must occupy the first floor and otherwise be one of the permitted uses set forth in division (A) above. Residential unit(s) may not exceed the total square footage of the nonresidential use. Adequate driveway access and parking shall be provided for each dwelling unit in accordance with § 151.105.
   (C)   Dimensional requirements.
      (1)   No building shall be less than five feet from the right-of-way line of the street. No other yards are required; except that, where the rear of a lot abuts a residential district, there shall be a 15-foot rear yard and where a lot abuts the side of a lot zoned residential there shall be a side yard not less than ten feet in width. In all other cases where a side yard, not required, is provided it shall be at least eight feet in width.
      (2)   However, when an erosion and sedimentation control plan is required, all development shall not exceed 24% built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
   (D)   Off-street parking and loading. As specified in §§ 151.105 and 151.106.
(Ord. passed 7-1-1980; Ord. passed 9-7-1993; Ord. ZT-2018-03, passed 12-4-2018; Res. R-2021-03, passed 6-24-2021)

§ 151.089 HB, HIGHWAY BUSINESS DISTRICT.

    The purpose of this district is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas and the provision of services to travelers. However, the storage of toxic and hazardous materials is prohibited unless a spill containment plan is implemented.
   (A)   Permitted uses.
      (1)   All uses permitted in the B-l District; and
      (2)   Larger retail and service uses in which some activities are conducted outdoors, including auto service stations, automobile, mobile home and boat sales and repair, motels, building materials sales and cabinet making, greenhouses and nurseries, warehouses, and rental storage.
   (B)   Special uses permit required.
      (1)   Unified business developments; and
      (2)   Outdoor storage yards.
   (C)   Dimensional requirements.
      (1)   The minimum required front yard setback shall be 30 feet. The minimum side yard required shall be ten feet. The minimum rear yard required shall be 25 feet.
      (2)   However, when an erosion and sedimentation control plan is required, all development shall not exceed 24% built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
   (D)   Off-street parking and loading. As specified in §§ 151.105 and 151.106.
(Ord. passed 7-1-1980; Ord. passed 9-7-1993; Res. R-2021-03, passed 6-24-2021)

§ 151.090 I-1, PLANNED INDUSTRIAL DISTRICT.

    The I-1 District is established as a place for manufacturing which will enhance the economic viability of the town while protecting the attractiveness of surrounding uses. However, the storage of toxic and hazardous materials is prohibited unless a spill containment plan is implemented.
   (A)   Permitted uses. The manufacturing, compounding, assembly or treatment of articles or merchandise. Operations shall not create excessive noise, odors, emissions, vibrations or fumes which substantially interfere with adjacent usages. Storage of materials and products before and after manufacturing shall be conducted within an enclosed building or within a screened and fenced area.
   (B)   Dimensional requirements.
      (1)   The following are dimensional requirements:
 
Front yard
Minimum required mean depth of front yard shall be 40 feet
Lot area
Minimum required lot area shall be 1 acre
Lot coverage
The total ground area covered by the principal building and all accessory coverage buildings shall not exceed 1/3 of the total lot area
Lot width
Minimum required lot width shall be 150 feet
Rear yard
Minimum required rear yard shall be 30 feet
Side yards
Minimum required side yard shall be 20 feet
 
      (2)   However, when an erosion and sedimentation control plan is required, all development shall not exceed 24% built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by project-basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
   (C)   Off-street parking. Off-street parking shall be provided as required in §§ 151.105 and 151.106.
   (D)   Special provisions. After consideration of proposed plans for use in an I-1 District and their probable effect on surrounding land use, the Board of Adjustment may require that some or all of the required yards be used for screening and buffering purposes. All yards shall be landscaped, planted, and maintained so as to present an attractive year-round appearance which will protect abutting property.
   (E)   Permit procedure. All applications for use or expansion of use within a Planned Industrial District shall be submitted to the Town Board of Adjustment. The application shall state the proposed use, demonstrate that such use is consistent and compatible with adjacent uses, and include a site plan showing building area, parking and traffic circulation arrangements and proposed landscaping and screening. After review, the Board may grant or deny the request consistent with the plans and details set forth in the application for such use.
(Ord. passed 7-1-1980; Ord. passed 9-7-1993; Res. R-2021-03, passed 6-24-2021)

§ 151.091 DEVELOPMENT REGULATIONS.

   Allocation of 10/70 impervious surface area by the Town Council. In addition to the development allowed according to §§ 151.085, 151.086, 151.087, 151.088, 151.089 and 151.090 of this code, new development and expansions to existing development may occupy up to 10% of the protected watershed area with up to 70% built-upon area on a project-by-project basis.
   (A)   For the purpose of this section, allocation of 10/70 impervious surface area shall mean that up to 10% of the acreage designated as protected watershed may be developed with up to 70% impervious surface (built upon area).
   (B)   Such allocation may be approved by the Town Council as a Special Intensity Allocation (SIA) of up to 70% of the built upon area of a project.
   (C)   Applications for SIA shall be submitted to the Zoning Administrator and shall include a site plan in conformance with the development requirements of this chapter. All applications and site plans must include the following information:
      (1)   Project timetable;
      (2)   Anticipated addition to the property tax base;
      (3)   Anticipated number of jobs to be created or retained; and
      (4)   Additional information as requested by the Zoning Administrator, Planning Board, and Town Council in order to determine if the application meets the criteria for approval.
   (D)   All sites shall be designed in accordance with the State of North Carolina Water Supply Protection Rules. All projects must to the maximum extent practicable minimize built-upon surface area, direct stormwater runoff away from surface waters, provide a minimum 100 feet vegetative buffer along all perennial waters and incorporate best management practices to minimize water quality impacts. For the purposes of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed. The town may impose site plan conditions in order to meet these requirements.
   (E)   The town's approval of a SIA shall be on a project-by-project basis and shall be based on the following specifications:
      (1)   Economic benefit to the community by creating and/retaining jobs;
      (2)   Increase in the property tax base;
      (3)   Compatibility with the town land use plan and character of the area and surrounding land uses;
      (4)   Project does not pose a threat to the environment, especially water quality and that appropriate measures will be taken to minimize any potential negative environmental impacts; and
      (5)   Any other factors the Town Council deem necessary in making a decision.
   (F)   The Planning Board of the town shall review all applications for SIA and shall submit a written recommendation to the Town Council before a final decision is rendered.
(Ord. ZT2018-01, passed 1-2-2018; Res. R-2021-03, passed 6-24-2021)