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*Editor's note: As currently set out, App. A,
containing the zoning ordinance of the city, is derived from an ordinance
adopted Jan. 6, 1986, as amended June 30, 2004. Formerly App. A was derived
from an ordinance of Sept. 9, 1974, as amended by Ord. No. 1974-4, adopted
April 2, 1979.
Absence of a history note following a particular section in App. A
indicates that such section derives unchanged from Ord. of June 30, 2004;
conversely, a history note enclosed in parentheses following a particular
section indicates amendment by the legislation shown in such history note.
Cross references: Planning and Development Commission, §
2-146 et seq.; building and construction generally, Ch. 5; building inspector
to be zoning administrator, § 5-31; housing, Ch. 11; streets and sidewalks, Ch.
16; utilities, Ch. 18, subdivisions. App. B.
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Article
I. Short Title
1.1. Zoning ordinance.
1.2. Zoning map.
Article
II. Legal Status Provisions
2.1. Purpose.
2.2. Authority.
2.3. Jurisdiction.
2.4. Interpretation and conflict.
2.5. Separability.
2.6. Effective date.
Article
III. Word Interpretations and
Definitions
Article
IV. General Provisions
4.1. Zoning affects all land and every building
and use.
4.2. Required yards not to be used by building.
4.3. Relationship of building to lot.
4.4. Street access.
4.5. Reduction of lot and yard areas prohibited.
4.6. Business uses of manufactured homes,
trailers, and manufactured offices.
4.7. Buffers.
4.8. Swimming pools, hot tubs and non-portable
spas.
4.9. Environmental performance standards.
4.10. Satellite dish antennas (or earth stations).
4.11. Temporary use of manufactured homes and
offices in emergencies.
4.12. Manufactured home requirements.
4.13. Vested rights.
Article
V. Zoning Districts and Boundaries
5.1. Zoning districts.
5.2. District boundaries.
5.3. Consideration given to boundary delineations.
5.4. District boundaries established.
5.5. Interpretation of district boundaries.
5.6. Interpretation of district regulations.
Article
VI. District Regulations
6.1. General requirements.
6.2. RA-20 Residential/Agricultural District.
6.3. R-12 Residential District.
6.4. R-8 Residential District.
6.5. R-8N Residential District.
6.6. R-6 Residential District.
6.7. RMF-12 Multi-Family Residential District.
6.8. RMH Manufactured Home Park District.
6.9. CB Central Business District.
6.10. HC Highway Commercial District.
6.11. NB Neighborhood Business District.
6.12. IL Light Industrial District.
6.13. IH Heavy Industrial District.
Article
VII. Nonconforming Uses
7.1. Definition and purpose.
7.2. Continuation, maintenance, and repair of
nonconformity allowed without permit.
7.3. Bringing a nonconformity into compliance.
7.4. Conditional use permit required for any
proposed alteration, expansion, change, rebuilding, or resumption of a
nonconformity.
7.5. Standards for granting a conditional use
permit for any proposed alteration, expansion, change, rebuilding, or resumption
of a nonconformity.
7.6. Miscellaneous.
7.7. Reservation of authority to deal with
nonconformities under other powers.
Article
VIII. Conditional Uses
8.1. Purpose.
8.2. Application and fees.
8.3. Procedures for reviewing conditional use
applications.
8.4. General provisions concerning conditional use
permits.
Article
IX. Exceptions and Modifications
9.1. Front yard modification in residential
districts.
9.2. Other yard modifications.
9.3. Height limit exceptions.
9.4. Retaining walls.
9.5. Fences and walls.
9.6. Side yard provided but not required.
9.7. Lot size without all public utilities.
9.8. Zero lot lines.
Article
X. Off-Street Parking and Loading Space
10.1. Certification of minimum parking requirements
10.2. Combination of required parking space.
10.3. Remote parking space.
10.4. Requirements for parking lots.
10.5. Manufactured home and trailer parking and
storing.
10.6. Vehicle storage.
10.7. Minimum parking requirements.
10.8. Design standards for off-street parking.
10.9. Off-street loading purpose and general
requirements.
10.10. Design standards for off-street loading
space.
10.11. Minimum off-street loading requirements.
Article
XI. Sign Regulations
11.1. Statement of purpose.
11.2. General requirements.
11.3. Exceptions.
11.4. Required signs.
11.5. Signs permitted in residential districts.
11.6. Signs permitted in the Central Business
District.
11.7. Signs permitted in the Highway Commercial
District.
11.8. Signs permitted in the Neighborhood Business
District.
11.9. Signs permitted for industrial districts.
11.10. Industrial park signs.
11.11. Shopping center signs.
11.12. Temporary signs
11.13. Signs permitted in conjunction with
nonconforming uses.
11.14. Nonconforming signs.
11.15. Prohibited signs.
11.16. Institutional signs.
11.17. Illumination.
11.18. Maintenance and removal of unsafe signs.
Article
XII. Planned Unit Developments
12.1. Statement of purpose.
12.2. Application requirements.
12.3. Application approval.
12.4. Conformity to plan and time limitation.
12.5. Residential planned unit developments.
12.6. Common open space.
12.7. Commercial and industrial planned unit
developments.
12.8. Site planning.
Article
XIII. Administration and Enforcement
13.1. Zoning enforcement.
13.2. Building permits.
13.3. Certificate of occupancy.
13.4. Other permits.
13.5. Operating procedure--Application process,
review process, and hierarchy of authority.
Article
XIV. Changes and Amendments
14.1. Changes and amendments.
14.2. Action by the applicant.
14.3. Action by the planning board.
14.4. Action by the city council.
14.5. Protest to amendment.
14.6. Withdrawal of petition.
14.7. Extending the extraterritorial jurisdiction.
Article
XV. Planning Board
15.1. Establishment of the planning board.
15.2. Procedures of the planning board.
15.3. Powers and duties of the planning board.
15.4. Appeal from the planning board.
Article
XVI. Board of Adjustment
16.1. Establishment of the board of adjustment.
16.2. Procedures of the board of adjustment.
16.3. Duties of the zoning administrator, board of
adjustment, city council, and courts on matters of appeal.
16.4. Powers and duties of the board of adjustment.
16.5. Appeals from the board of adjustment.
Article
XVII. Enforcement Authority, Penalties,
and Remedies
17.1. Enforcement authority.
17.2. Criminal penalties.
17.3. Civil remedies.
17.4. Equitable relief.
17.5. Combination of remedies.
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF
RAEFORD, NORTH CAROLINA, AND ITS AREA OF EXTRATERRITORIAL JURISDICTION, AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF:
BE IT ORDAINED AND ENACTED by the City Council of the City of
Raeford, North Carolina, as follows:
This ordinance shall be known, cited, and referred to as "The
Zoning Ordinance of the City of Raeford, North Carolina."
The map herein referred to, which is identified by the title,
"The Zoning Map of the City of Raeford, North Carolina," shall be
known as the "zoning map." The boundaries of each zoning district are
shown on said map and shall bear the adoption date of this ordinance and the
date of any subsequent map amendments.
The zoning regulations and districts as herein set forth are being
adopted in accordance with a comprehensive plan and are designed to lessen
congestion in the streets; to secure safety from fire, panic and other dangers,
to promote health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration of
population; and to facilitate the adequate provisions of transportation, water,
sewage, schools, parks, and other public requirements. Such regulations are
being made with reasonable consideration, among other things of the character
of the district and its peculiar suitability for particular uses, and with a
view to conserving the value of buildings and encourage the most appropriate
use of land throughout the community.
The provisions of this ordinance are adopted under authority
granted by the General Assembly of the State of North Carolina, particularly
Chapter 160A, Article 19.
The provisions of this ordinance shall apply within the corporate
limits of the City of Raeford, North Carolina, and within the area of
extraterritorial jurisdiction as now and hereafter defined, in accordance with
the authority granted to North Carolina municipalities by Article 19, Chapter
160A of the General Statutes, as shown by the zoning map on file with the
zoning administrator of the City of Raeford, North Carolina.
To extend the City of Raeford's extra territorial jurisdiction for
zoning to one (1) mile from the city limits. Also, to establish the zoning
districts in accordance with the City of Raeford Zoning Ordinance and according
to the official zoning map on display in City Hall.
In interpreting and applying the provisions of this ordinance,
they shall be held to be the minimum requirements for the promotion of the
public safety, health, convenience, prosperity, and general welfare. It is not
intended by this ordinance to interfere with, abrogate, or annul any easements,
covenants, or other agreements between parties; provided, however that where
this ordinance imposes a greater restriction upon the use of buildings or
premises or upon the height of buildings, or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations, or by easements,
covenants, or agreements, the provisions of this ordinance shall govern.
It is not intended by this ordinance to repeal, abrogate, annul or
in any way to impair or interfere with any existing provisions of law or
ordinance, other than the zoning ordinance enacted January 6, 1986, as amended.
The enactment of this ordinance shall not effect any action, suit or proceeding
pending at the time of enactment and all liabilities that have accrued under
the zoning ordinance enacted January 6, 1986 as amended, are reserved and may
be enforced.
If any article, section, sentence, clause, or phase of this
ordinance is for any reason held to be invalid by the courts, such decision
shall not effect the validity of the remaining portion of this ordinance. The
city council hereby declares that it has passed this ordinance and each
article, section, clause, and phrase thereof, irrespective of the fact that any
one (1) or more articles, sections, sentences, clauses, or phrases be declared
invalid by the courts.
This ordinance shall be in force from and after its passage and
approval.
Passed and adopted this 6th day of January, 1986.
ATTEST:
Betty Smith
______________________________
City Clerk
John K. McNeil
______________________________
Mayor, City of Raeford
In the construction of this ordinance, the word interpretation and
definitions contained in this article shall be observed and applied, except
when the context clearly indicates otherwise. In further amplification and for
clarity of interpretation of the context, the following definitions of word
usage shall apply:
(a) Words used in the
present tense shall include the future; and words used in the singular number
shall include the plural number and the plural the singular.
(b) The word
"shall" is mandatory and not discretionary.
(c) The word
"may" is permissive.
(d) The word
"lot" shall include the words "piece," "parcel,"
and "plot"; the word "building" includes all structures of
every kind regardless of similarity to buildings; and the phrase "used
for" shall include the phrases "arranged for," "designed
for," "intended for," and "occupied for."
Abutting. Having property or district lines in common; i.e., two (2)
lots are abutting if they have property lines in common. Lots are also
considered to be abutting if they are directly opposite each other and
separated by a street or alley.
Access. A way of approaching or entering a property. Access also
includes ingress, the right to enter, and egress, the right to leave.
Accessory building or use. A building or use not including signs,
which is:
(a) Conducted or
located on the same zoning lot as the principal building or use served, except
as may be specifically provided elsewhere in this ordinance.
(b) Clearly incidental
to, subordinate in area and purpose to, and serves the principal use; and
(c) Either in the same
ownership as the principal use or is clearly operated and maintained solely for
the comfort, convenience, necessity, or benefit of the occupants, employees,
customers, or visitors of or to the principal use.
Advertising device. Any advertising sign, billboard,
statuary or poster which directs attention to a business, commodity, service,
or entertainment not exclusively related to the premises where such sign is
located or to which it is affixed; but does not include those advertising
signs, billboards, or poster panels which direct attention to the business on
the premises or to a brand name of a product or commodity with which the
business is specifically identified and which is sold on the premises.
Agriculture. The use of land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture,
viticulture, and animal and poultry husbandry, and the necessary accessory uses
for packing, treating, or storing the produce; provided, however, that the
operation of any such accessory uses shall be secondary to that of the normal agricultural
activities.
Airport. Any area of land or water which is used or intended for use
for the landing and taking off of a aircraft, and any appurtenant areas which
are used or intended for use for airport buildings or other airport facilities
or rights-of-way, including all necessary taxiways, aircraft storage and
tie-down areas, hangars, and other necessary buildings and open spaces.
Alley. A public or private right-of-way primarily designed to
serve as secondary access to the side or rear of those properties whose
principal frontage is on a street and is not intended for general traffic.
Apartment. A room or suite of rooms intended for use as a residence by
a single household or family (i.e., dwelling unit). Such a dwelling unit may be
located in an apartment house, duplex, or as an accessory use in a single
family home or a commercial building.
Apartment house. See "Dwelling,
multi-family."
Apartment hotel. A hotel in which at least ninety (90)
percent of the hotel accommodations are occupied by permanent guests.
Auto laundry. A building, or portion thereof, containing facilities for
washing more than two (2) automobiles, using production line methods with a
chain conveyor, blower, steam cleaning device, or other mechanical devices; or
providing space, water, equipment, or soap for the complete or partial hand
washing of such automobiles, whether washing is performed by operator or by the
customer.
Barriers, pool. A fence, wall, building wall or
combination thereof, which completely surrounds the swimming pool and obstructs
access to the swimming pool.
Block. A tract of land or a lot or group of lots bounded by
streets, public parks, golf courses, railroad rights-of-way, water courses,
lakes, unsubdivided land, or a boundary line or lines of the City of Raeford or
its extraterritorial zoning jurisdiction or any combination of the above.
Block frontage. That portion of a block which abuts a
single street.
Board of adjustment. A local body, created by ordinance,
whose responsibility is to hear appeals from decisions of the zoning
administrator and to consider requests for variances from the terms of the
zoning ordinance.
Boarding house. A building other than a hotel or motel
where, for compensation, meals are served and lodging is provided.
Buffer. A fence, wall, hedge, or other planted area or device used
to enclose, screen, or separate one use or lot from another.
Buildable area. The space remaining on a zoning lot
after the minimum open-space requirements (yards, setbacks) have been met.
Building. Any structure enclosed and isolated by exterior walls
constructed or used for residence, business, industry or other public or
private purposes, or accessory thereto, and including tents, lunch wagons,
dining cars, trailers, manufactured homes, and attached or unattached carports
consisting of a roof and supporting members, and similar structures whether
stationary or movable.
Building, accessory. See "Accessory building or
use."
Building, height of. The vertical distance from the
finished grade at the building line closest to the front of the lot to the
highest point of the building.
Building, principal. A building in which is conducted the
principal use of the plot on which it is situated.
Building setback line. A line measured parallel to the front
property line in front of which no structure, including uncovered porches,
steps, eaves and gutters, shall be erected.
Canopy, marquee or awning. Any roof-like structure extended over
a sidewalk or walkway.
Certificate of occupancy. Official certification that a premise
conforms to provisions of the zoning ordinance (and building code) and may be
used or occupied. Such a certificate is granted for new construction or for
alteration or additions to existing structures or a change in use. Unless such
a certificate is issued, a structure cannot be occupied.
Club or lodge, private (nonprofit). A nonprofit
association of persons, who are bona fide members paying dues, which owns,
hires, or leases a building, or portion thereof; the use of such premises being
restricted to members and their guests. The affairs and management of such
"private club or lodge" are conducted by a board of directors,
executive committee or similar body chosen by the members. It shall be
permissible to serve food and meals on such premises providing adequate dining
room space and kitchen facilities are available. The sale of alcoholic
beverages to members and their guests shall be allowed provided it is secondary
and incidental to the promotion of some other common objective of the organization,
and further provided that such sale of alcoholic beverages is in compliance
with the applicable federal, state, and local laws.
College. A use, whether privately or publicly owned, providing
educational instruction, without having students in residence, in a
professional, vocational or technical field beyond the high school level. This
includes, but is not limited to, business colleges, junior colleges, vocational
schools, learning centers, trade schools, dancing schools, music conservatories
and similar organizations.
Common open space. A parcel or parcels of land or an area
of water or a combination of both land and water within the site designated for
development and designed and intended for the use and enjoyment of residents of
the development or for the general public, not including street or off-street
parking areas. Common open space shall be substantially free of structures but
may contain such improvements as are in the plan as finally approved and are
appropriate for the benefit of residents of the development.
Condominium. A dwelling unit in which the ownership of the occupancy
rights to the dwelling unit is individually owned or for sale to an individual
and such ownership is not inclusive of any land.
Convalescent home (nursing home). An institution,
which is advertised, announced, or maintained for the express or implied
purpose of providing nursing or convalescent care for persons unrelated to the
licensee. A convalescent home is a home for chronic or nursing patients who, on
admission, are not as a rule, acutely ill and who do not usually require
special facilities, such as an operating room, X-ray facilities, laboratory
facilities, and obstetrical facilities. A convalescent home provides care for
persons who have remedial ailments or other ailments, for which continuing
medical and skilled nursing care is indicated; who, however, are not sick
enough to require general hospital care. Nursing care is their primary need,
but they will require continuing medical supervision. A major factor which
distinguishes convalescent homes is that the residents will require the
individualization of medical care.
Conversion. Changing the original purpose of a building to a different
use.
Covenant. A private legal restriction on the use of land, contained
in the deed to the property or otherwise formally recorded. There may be
certain legal requirements for formal establishment of a covenant such as a
written document, a mutual interest in the property, that the covenant be
concerned with the use of the land rather than individual characteristics of
ownership, etc.
Day care facility. A center, home or other place, whether
operated under public auspices or as a private business, in which participants
are received for temporary custodial care apart from parents or guardians,
licensed by North Carolina Department of Health and Human Services.
Adult day care. The provision of group care and
supervision, to adults, in a place other than their usual place of abode for
less than twenty-four (24) hours per day, who may be physically or mentally
disabled, G.S. 131D-6.
Child day care. A program or arrangement where, at any
one time there are three (3) or more children under the age of thirteen (13),
who do not reside where the care is provided and receive care on a regular
basis of at least once per week for more than four (4) hours but less than
twenty-four (24) hours per day, from persons other than their guardians or full
time custodians or persons related to them by birth or adoption. Child day care
shall not include those exceptions listed in G.S. 110-86.
Dedication. The transfer of property from private to public ownership.
Density. The average number of families, persons or housing units
per unit of land.
Dimensional nonconformity. A nonconforming situation that occurs
when the height, size, or minimum floor space of a structure or the
relationship between an existing building or buildings and other buildings or
lot lines does not conform to the regulations applicable to the district in
which the property is located.
Dwelling. A building or portion thereof designed, arranged, or used
for permanent living quarters. The term "dwelling" shall not be
deemed to include a manufactured home or house trailer, motel, hotel, tourist
home, or other structures designed for transient residence.
Dwelling, attached. One which is joined to another
dwelling at one (1) or more sides by a party wall or walls.
Dwelling, detached. One which is entirely surrounded by
open space on the same lot.
Dwelling, multi-family. A building, or portion thereof,
containing two (2) or more dwelling units.
Dwelling, single-family. A building containing one (1) dwelling
unit only.
Dwelling, two-family (duplex). A building containing two (2)
dwelling units.
Dwelling unit. One or more rooms which are arranged, designed, or used as
living quarters for one (1) family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included for each
dwelling unit.
Easement. A right given by the owner of land to another party for specific
limited use of that land. For example, a property owner may give an easement on
his property to allow utility facilities like power lines or pipelines, to
allow light to reach a neighbor's windows, or to allow access to another
property.
Extraterritorial zoning. Authority granted to a locality to
exercise zoning powers for a specified distance outside its boundaries. It is
intended to protect activities on the edge of communities from being encroached
on by incompatible adjacent activities.
Family. One or more persons living together as a single
housekeeping unit. For the purposes of this ordinance such persons may include
gratuitous guests and domestic servants employed on the same premises.
Family care home. A home or facility with support and
supervisory personnel that provides room and board, personal care and
habilitation services in a family environment for not more than six (6)
resident handicapped persons. "Handicapped person" means a person
with a temporary or permanent physical, emotional, or mental disability
including but not limited to mental retardation, cerebral palsy, epilepsy,
autism, hearing sight impairments, emotional disturbances and orthopedic
impairments but not including mentally ill persons who are dangerous to others
as defined in G.S. 122C-3(11)b.
Floor area (for determining off-street parking and loading
requirements). The sum of the gross horizontal areas of the several floors
of the building, or portion thereof, devoted to such use, including accessory
storage areas located within selling or working space such as counters, racks,
or closets, and any basement floor area devoted to retailing activities, to the
production or processing or goods, or to business or professional offices.
However, "floor area" for the purposes of measurement
for off-street parking spaces shall not include: floor area devoted to
primarily storage purposes (except as otherwise noted herein); floor area
devoted to off-street parking or loading facilities, including aisles, ramps,
and maneuvering space; or basement floor other than area devoted to retailing
activities, to the production or processing of goods, or to business or
professional offices.
Foster home. A facility for less than six (6) otherwise normal children
or adolescents who for various reasons cannot reside with their natural
families and are provided with room, board, ordinary care and supervision in a
home setting by adults who are not legally related to the children. Such
facilities shall be allowed only when licensed by the appropriate state or
local agency.
Frontage. All of the real property abutting a street line measured
along the street line.
Garage, commercial. Any building or premises, except those
described as a private or parking garage, used for the storage or care of motor
vehicles, or where any such vehicles are equipped for operation, repaired, or
kept for remuneration, hire or sale.
Garage, parking. Any building or premises, other than a
private or commercial garage, used exclusively for the parking or storage of
motor vehicles.
Garage, private. A building or space used as an
accessory to or a part of the main building permitted in any residential
district, and providing for the storage or motor vehicles and in which no
business, occupation, or service for profit is in any way conducted.
Gross floor area. The total floor area enclosed within a
building.
Group care home. A facility for six (6) or more
children, adolescents or adults who have mental disabilities, emotional
problems or who lack social maturity and who, for various reasons, cannot
reside with their natural parents. Adult care is provided as well as a program
of services and protective supervision in a home setting.
Guest home (tourist home). Any dwelling occupied by the owner or
operator in which rooms are rented for guests, for lodging of transients and
travelers for compensation, and where food may be served.
Home occupation. Any occupation or profession carried
on entirely within a dwelling by one or more occupants thereof, providing that
such use is clearly incidental and secondary to the use of the dwelling for
dwelling purposes, that no more than twenty-five (25) percent of the total
floor area is used for such purposes, that there is no outside or window
display, that no merchandise or commodity is sold on the premises, that no
mechanical or electrical equipment is installed or used other than is normally
used for domestic or hobby purposes, or for infrequent consultation or
emergency treatment, and providing that no person not a resident of said
dwelling is employed in connection with the home occupation.
Hotel. A building kept, used, maintained, advertised as or held
out to the public to be a place where sleeping accommodations are supplied for
pay to transient guests, where rooms are furnished for the accommodation of
such guests, maid service and linens are supplied, and having or not having one
or more dining rooms, restaurants, or cafes where meals are served, such
sleeping accommodations and dining rooms, restaurants, or cafes, if existing,
being conducted in the same building.
Incompatible use. A use or service which is unsuitable
for direct association and/or contiguity with certain other uses because it is
contradictory, incongruous, or discordant.
Industrial park. A special or exclusive type of planned
industrial area designed and equipped to accommodate a community of industries,
providing them with all necessary facilities and services in attractive
surroundings among compatible neighbors. Industrial parks may be promoted or
sponsored by private developers, community organizations, or government
organizations.
Inoperative vehicle. Any vehicle, designed to be
self-propelled, which by virtue of broken or missing component parts, is no
longer capable of self-propulsion. For the purpose of this ordinance, any
vehicle which is registered with the North Carolina Department of Motor
Vehicles and has a current North Carolina motor vehicle registration license
affixed to it shall not be considered inoperative.
Junk yard. Any area, in whole or in part, where waste or scrap
materials are bought, sold, exchanged, stored, baled, packed, disassembled, or
handled, including but not limited to, scrap iron, and other metals, paper,
rags, vehicles, rubber tires, and bottles. A "junk yard" includes an
auto wrecking yard, but does not include uses established entirely within
enclosed buildings.
Loading space, off-street. Space logically and conveniently
located for bulk pickups and deliveries, scaled to delivery vehicles expected
to be used, and accessible to such vehicles. Required off-street loading space
is not to be included as off-street parking space in computation of required
off-street parking space.
Lot. A parcel of land occupied or intended for occupancy by a
main building or group of main buildings and accessory buildings, together with
such yards, open spaces, lot width and lot area as are required by this
ordinance, and having not less than the minimum required frontage upon a
street, either shown on a plat of record, or considered as a unit or property
and described by metes and bounds. For the purpose of this ordinance the word
"lot" shall be taken to mean any number of contiguous lots or
portions thereof, upon which one (1) or more main structure for a single use
are erected or are to be erected.
Lot, corner. A lot abutting upon two (2) or more streets at the
intersection thereof.
Lot, interior. A lot other than a corner lot.
Lot, through. An interior lot having frontage on two (2) streets.
Lot, depth. The depth of a lot is the average distance between the
front and back lot lines measured at right angles to its frontage.
Lot lines. The lines bounding a lot.
Lot width. The straight line distance between the points where the
building setback line intersects the two side lot lines.
Lot of record. A lot which is a part of a subdivision, a plat of which has
been recorded in the office of the Hoke County Register of Deeds, or a lot
described by metes and bounds, the description of which has been recorded in
the office of the Hoke County Register of Deeds by the owner or predecessor in
title thereto.
Maximum lot coverage. The maximum amount of land which is
allowed to be covered by all principal and accessory buildings.
Manufactured home. A structure that: (a) consists of a single
unit completely assembled at the factory or of multiple principal components
totally assembled at the factory and joined together at the site; and (b) is
designed so that the total structure (or in the case of a double-wide or
triple-wide, each component thereof) can be transported on its own chassis; and
(c) is over forty (40) feet long and over ten (10) feet wide; and (d) is
originally designed for human occupancy and provides complete, independent
living facilities for one family when connected to required utilities; and (e)
does not meet all requirements of the North Carolina Uniform Residential
Building Code. The placement of such a structure on a permanent foundation or
the addition of conventionally constructed sections in no way changes its status
as a manufactured home.
Manufactured home, class A. A manufactured home constructed after
July 1, 1976, that meets or exceeds the construction standards promulgated by
the United States Department of Housing and Urban Development that were in
effect at the time of construction and that satisfies the following additional
criteria:
(a) The manufactured
home has a length not exceeding four (4) times its width, with length measured
along the longest axis and width measured at the narrowest part of the other
axis;
(b) The manufactured
home has a minimum of nine hundred (900) square feet of enclosed living area;
(c) The pitch of the
roof of the manufactured ho me has a minimum vertical rise of three (3) feet
for each twelve (12) feet of horizontal run and the roof is finished with a
type of shingle that is commonly used in standard residential construction;
(d) All roof
structures shall provide an eave projection of no less than six (6) inches,
which may include a gutter;
(e) The exterior
siding consist predominantly of vinyl or aluminum horizontal lap siding (whose
reflectivity does not exceed that of gloss white paint), wood, or hardboard,
comparable in composition, appearance, and durability to the exterior siding
commonly used in standard residential construction;
(f) The manufactured
home is set up in accordance with the standards set by the North Carolina
Department of Insurance and a permanent masonry foundation and continuous
masonry curtain wall, unpierced except for required ventilation and access, is
installed under the perimeter of the manufactured home;
(g) Stairs, porches,
entrance platforms, ramps, and other means of entrance and exit to and form the
home shall be installed or constructed in accordance with the standards set by
the North Carolina Department of Insurance and any applicable building codes,
attached firmly to the primary structure and anchored securely to the ground;
and
(h) The moving hitch,
wheels and axles, and transporting lights have been removed.
It is the intent of these criteria to insure that a class A
manufactured home, when installed, shall have substantially the appearance of
an on-site, conventionally built, single-family dwelling.
Manufactured home, class B. Any manufactured home that does not
meet the definition criteria of a class A manufactured home.
Manufactured home park. Any site or tract of land, of
contiguous ownership upon which manufactured home spaces are provided for
manufactured home occupancy whether or not a charge is made for such service.
This does not include manufactured home sales lots on which unoccupied
manufactured homes are parked for the purpose of inspection and sale.
Manufactured home space. A plot of land within a manufactured
home park designed for the accommodation of one (1) manufactured home.
Manufactured home stand. That portion of the manufactured home
space intended for occupancy by the manufactured home proper, consisting of a
rectangular plat of ground at least twelve (12) by sixty (60) feet.
Manufactured home office. A structure identical to a
manufactured home except that it has been converted, or originally designed and
constructed, for commercial or office use.
Mini-warehouse. A building or buildings designed to
provide separate access to individually rented storage compartments used
exclusively for storing non-hazardous and non-combustible personal property,
office or business supplies, and without any direct retail or wholesale sales
conducted on the site.
Modular classroom. A manufactured home or similar type
structure constructed or modified for classroom use.
Modular structure. A factory manufactured structure
designed for year-round residential or commercial use with major components or
modules pre-assembled and transported to a site for final assembly and utility
connection but are not designed to be transported on their own chassis. Such
structure must meet all requirements of the North Carolina Uniform Residential
or Commercial Building Code and must have attached a North Carolina validating
stamp.
Nonconforming lot. A lot existing at the effective date
of this ordinance or any amendment to it (and not created for the purpose of
evading the restrictions of this ordinance) that cannot meet the minimum area
or lot width or depth requirements of the district in which the lot is located.
Nonconforming use. The use of a building, manufactured
home, or land which does not conform to the use regulations of this ordinance
for the district in which it is located, either at the effective date of this
ordinance or as a result of subsequent amendments which may be incorporated
into this ordinance.
Nuisance. Anything that interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses.
Ordinance. This the zoning ordinance, including any amendments.
Whenever the effective date of the ordinance is referred to, the reference
includes the effective date of any amendment to it.
Parking lot. An area or plot of land used for the storage or parking of
vehicles.
Parking space. A storage space of not less than nine (9) feet by eighteen
(18) feet for one (1) automobile, plus the necessary access space.
Planned unit development (PUD). A form of development usually
characterized by a unified site design for a number of housing units,
clustering buildings and providing common open space, density increases, and a
mix of building types and land uses. It permits the planning of a project and
the calculation of densities over the entire development, rather than on an individual
lot-by-lot basis.
Planning board. The public agency in a community
usually empowered to prepare a comprehensive plan and to evaluate proposed
changes in land use, either by public or private developers, for conformance
with the plan.
Plat. A map showing the location, boundaries, and ownership of
individual properties.
Premises. A single piece of property as conveyed in a deed or a lot
or a number of adjacent lots on which is situated a land use, a building, or
group of buildings designed as a unit or on which a building or a group of
buildings are to be constructed.
Private road or street. Any road or street which is not
publicly owned and maintained and is used for access by the occupants of the
development, their guests and the general public.
Satellite dish antenna (or earth station). A dish
antenna, or earth station, is defined as an accessory structure and shall mean
a combination of:
(1) Antenna or dish
antenna whose purpose is to receive communication or other signals from
orbiting satellites and other extraterrestrial sources;
(2) A low-noise
amplifier which is situated at the focal point of the receiving component and
whose purpose is to magnify and transfer signals; and
(3) A coaxial cable
whose purpose is to carry the signals into the interior of the building.
Satellite dish antenna (or earth station) height. The height of
the antenna or dish shall be that distance as measured vertically from the
highest point of the antenna or dish, when positioned at its lowest angle for
operation, to ground level at the bottom of the base which supports the
antenna.
Satellite dish antenna (or earth station) setback. The setback of
a dish antenna shall be measured from the center mounting post supporting the
antenna.
School. A privately or public owned pre-school, elementary school,
middle school, junior high school, or high school, providing educational
instruction, not exceeding the high school level, and without having students
in residence.
Self-service gasoline pump. A gasoline dispensing pump which is
operated by the customer who pays the charge to an attendant or cashier.
Service station (gas station). Any building or land used for
the dispensing, sale or offering for sale at retail any automobile fuels along
with accessories such as lubricants or tires, except that car washing,
mechanical and electrical repairs, and tire repairs shall only be performed
incidental to the conduct of the service station and are performed indoors.
Incidental activities shall not include tire retreading, major body work, or
major mechanical work.
Setback. The required distance between every structure and the lot
lines of the lot on which it is located.
Shopping center. A commercial area with one (1) or more
buildings or lots and designed as a unit to house two (2) or more businesses
offering products and/or services to the public.
Sign. Any words, lettering, figures, numerals, emblems, devices,
trademarks, or trade names, or any combination thereof, by which anything is
made known and which is designed to attract attention and/or covey a message.
Sign, identification. A sign used to display only the name,
address, crest, or trademark of the business, individual, family, organization
or enterprise occupying the premises, the profession of the occupant or the
name of the building on which the sign is displayed; or a permanent sign
announcing the name of a subdivision, shopping center, tourist home, group
housing project, church, school, park or public or quasi-public structure,
facility or development and the name of the owners or developers.
Sign, flashing. Any illuminated sign on which the
artificial light is not maintained stationary or constant in intensity and
color at all times when such sign is in use. For the purpose of this ordinance,
any moving, illuminated sign shall be considered a "flashing sign."
Such signs shall not be deemed to include time and temperature signs or public
message displays using electronic switching.
Sign, freestanding. Any sign supported wholly or in part
by some structure other than the building or buildings housing the business to
which the sign pertains, or any sign which projects more than five (5) feet
from the side of the building to which it is attached.
Sign, gross area. The entire area within a single
continuous perimeter enclosing the extreme limits of such sign and in no case
passing through or between any adjacent elements of same. However, such
perimeter shall not include any structural elements lying outside the limits of
such sign and not forming an integral part of the display.
Sign, off-premises. A sign which directs attention to a
business, commodity service, or entertainment not exclusively related to the
premises where such sign is located or to which it is affixed.
Sign, portable. A sign generally constructed to be
easily movable from location to location without a permanent attachment to the
ground or to a building and which may or may not be equipped with wheels. Such
signs usually are designed for changeable messages.
Sign, projecting. A sign attached to a wall and
projecting away from that wall more than twelve (12) inches, but not more than
five (5) feet.
Sign, public information. A sign, usually erected and maintained
by a public agency, which provides the public with information and in no way
relates to a commercial activity including, but not limited to, speed limit
signs, stop signs, city limit signs, street name signs, and directional signs.
These signs are in no way regulated by this ordinance.
Sign, roof. A sign which is displayed above the eaves of a building.
Sign, wall. A sign attached to a wall and not projecting away from the
wall more than twelve (12) inches.
Site plan. A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes lot
lines, streets, building sites, reserved open space, buildings, major landscape
features--both natural and man-made--and, depending on requirements, the
locations of proposed utility lines.
Spa, portable. A nonpermanent structure intended for private use, in which
all controls, water-heating and water circulating equipment are an integral
part of the product.
Stable, private. A stable on a lot not less than one
(1) acre in size which has a capacity of not more than one (1) horse for each
acre of lot area and where such horses are owned by the owners or occupants of
the premises and are not kept for remuneration, hire or sale.
Stable, public. A stable meeting the same requirements
as a private stable except that such horses may be owned by persons other than
the owners or occupants of the premises and may be kept for remuneration hire
or sale.
Story. That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there be no floor
above it, then the space between such floor and the ceiling next above it.
Street. A thoroughfare which affords the principal means of access
to abutting property, including avenue, place, way, drive, lane, boulevard,
highway, road and any other thoroughfare, except an alley.
Street line. The line between the street right-of-way and abutting
property.
Structure. Anything constructed or erected, the use of which requires
location in or on the land or attachment to something having a permanent
location in or on the land.
Structural alterations. Any change in the supporting members
of a building, such as bearing walls, columns, beans or girders except for
repair or replacement.
Swimming pool. Any structure intended for swimming or recreational use
that contains water over twenty-four (24) inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
Swimming pool, indoors. A swimming pool, which is totally
contained within a structure and surrounded on all four (4) sides by walls of
said structure.
Swimming pool, outdoors. Any swimming pool, which is not an
indoor pool.
Tourist home. See "Guest house."
Trailer. Any vehicle or structure originally designed to transport
or intended for human occupancy for short periods of time. Trailers shall
include the following:
(a) House trailer.
A vehicular, portable structure built on a wheeled chassis, designed to be
towed by a self-propelled vehicle for use for travel, recreation, or vacation
purposes, having a body width ten (10) feet or less or a body length forty (40)
feet or less when equipped for road travel.
(b) Pick-up coach.
A portable structure for use as a temporary dwelling for travel, recreation, or
vacation, designed to be mounted on a truck chassis for a temporary dwelling
while either mounted or dismounted.
(c) Motor home.
A portable, temporary dwelling to be used for travel, recreation, or vacation,
constructed as an integral part of a self-propelled vehicle. This definition
shall include vans or panel trucks equipped for camping.
(d) Camping
trailer. A folding structure manufactured of metal, wood, canvas, plastic,
or other materials, or any combination thereof, mounted on wheels and designed
for travel, recreation, or vacation use.
(e) Trailer. A
vehicle hauled by another vehicle and designed to transport vehicles, boats, or
freight.
Transmission line, high voltage electric power. A line
transmitting or designed to transmit electricity of sixty-six thousand (66,000)
or more volts, including poles, guys, wires, towers, and appliances, but not
including transformer stations or substations.
Unattended gasoline pump. A gasoline dispensing pump which
dispenses gasoline automatically according to the amount of money inserted into
the pump. Such pumps are usually located without an attendant or other
personnel on hand.
Use. Any continuing or repetitive occupation or activity taking
place upon a parcel of land or within a building including, but not limited to
residential, manufacturing, retailing, offices, public services, recreational,
and educational.
Variance. A variance is a relaxation of the terms of the zoning
ordinance where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result of the
action of the applicant a literal enforcement of the ordinance would result in
unnecessary and undue hardship.
As used in this ordinance, a variance is authorized only for
height, area, and size of a structure or size of yards and open space;
establishment or expansion of a use otherwise prohibited shall not be allowed
by variance, nor shall a variance be granted because of the presence of
nonconformities in the zoning district or uses in an adjoining zoning district.
Vested right. The right to undertake and complete the development and use o