Accessory Uses and Structures

Sec. 5.4. Accessory Uses and Structures

5.4.1. Accessory Structures

Accessory structures shall be subject to the following additional requirements:

A. The square footage of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not be larger than the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

B. Accessory structures shall be located as follows:

1. Accessory structures associated with a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or duplex structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be located to the rear of the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., with the following limitations and exceptions:

a. Except in the RU and RC Districts, the accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be set back at least five feet from the rear and side property lines.

b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.

c. Accessory structures in the RR District can be located in front of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. provided that:

(1) It is not located in the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; and

(2) It is on a lot at least two acres in size.

d. Attached Accessory Structures

Attached accessory structures are allowed where a single structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. maintains a shared common wall along a side or rear lot line that separates two lots.

(1) This allowance does not supersede any applicable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements.

(2) This allowance does not supersede placement requirements with respect to primary structures.

2. Accessory structures in Design districts shall be located to the rear of the rear building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.(s) and shall be subject to the side and rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements of those districts.

3. The location of accessory structures associated with Places of Worship A building primarily used by a non-profit organization for organized religious services and supporting uses. shall not be restricted, with the following exceptions:

b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.

c. On parcels See “Lot of record.” less than two acres, accessory structures shall not be allowed in the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. between the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the right‐of‐way. On corner lots, this restriction shall only apply to one street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., at the discretion of the applicant.

d. For parcels See “Lot of record.” in the Urban and Downtown Tiers, no more than 75% of the site may contain accessory structures. For parcels See “Lot of record.” in all other tiers, no more than 50% of the parcel See “Lot of record.” may contain accessory structures.

4. Accessory structures for all other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. not listed above shall be located to the side or rear of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., but not within side or rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.. For developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with more than one primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. located closest to the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be used to locate the accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

5. On corner lots, one of the two street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. using the side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. (single) standard of the base zoning district.

6. On flag lots, an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. may be located in front of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

C. The maximum height of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed the greater of a) two stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. and 32 feet or b) the height of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in feet.

D. Within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed 1,000 square feet in area and shall meet the following criteria:

1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);

2. Accessory structures shall not be temperature-controlled;

3. Accessory structures shall be designed to have low flood damage potential;

4. Accessory structures shall be constructed and placed on the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. site so as to offer the minimum resistance to the flow of floodwaters;

5. Accessory structures shall be firmly anchored in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards;

6. All service facilities such as electrical shall be installed in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards; and

7. An accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certificate. Elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certifications are required for all other accessory structures in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards.

E. In addition to the requirements in paragraphs A, B, and D, accessory structures in Design districts shall comply with the following standards:

1. The height of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed the lesser of 3 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 40 feet and shall not exceed the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in height; and

2. The structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be compatible with the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in style, materials, roof form, and details.

5.4.2. Accessory Dwellings

Accessory dwellings shall be subject to the following additional requirements:

A. Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

Accessory dwellings shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas.

B. General

1. An accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. shall be allowed as follows:

a. On a residential lot developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with one or two primary dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.. Only one accessory dwelling shall be allowed.

b. For certain civic uses as indicated in Sec. 5.2, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Categories, provided that:

(1) Multiple accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. shall be allowed for paragraph 5.2.4H, Place of Worship A building primarily used by a non-profit organization for organized religious services and supporting uses., limited by standards set forth in paragraphs 5.4.1 and 5.4.2. For all other civic uses as indicated in Sec. 5.2, no more than three units shall be allowed.

(2) The units can be located anywhere on the lot and shall comply with the minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements applicable to primary structures.

(3) The maximum size of each unit shall be 1,000 square feet on a single story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. and 1,200 heated square feet total. There shall be no maximum for collective square footage across multiple accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling..

(4) No additional parking is required.

(5) No special use permit is required. Place of Worship A building primarily used by a non-profit organization for organized religious services and supporting uses. shall not need a special use permit for the accessory dwelling even if it does not have a special use permit for its primary use.

(6) Projects consisting of more than 20 units shall be subject to Site Plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. Review.

c. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. limits shall not apply to accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling..

d. If a primary dwelling is a single‐family residence, an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. may be a duplex, so long as the total heated sf of the Accessory Dwelling Unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. (ADU) does not exceed 1,200 square feet for both units combined.

2. The accessory dwelling can be located within the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (attached) or separate (detached) from the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

3. A nonconforming accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. can be renovated or reconstructed to an accessory dwelling.

Commentary: Depending upon the scope of the project, a special use permit pursuant to Sec. 14.4, Nonconforming Improvements and Structures, or a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. pursuant to Sec. 3.14, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., may be required.

4. The heated floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the accessory dwelling shall not exceed 1,000 square feet on a single story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. and 1,200 square feet total, except in the RR District, where the heated or air-conditioned floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. can be a maximum of 50% of the primary dwelling heated or air-conditioned floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. on lots of four acres or larger. However, in no instance shall the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of an accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. equal or exceed the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Commentary: Accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. are required to meet all applicable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and housing codes.

5. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. of a travel trailer or recreational vehicle A vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. (RV) as an accessory dwelling shall be prohibited within a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or on property devoted to residential use, except that use of a travel trailer or RV during temporary visits of two weeks or less shall be allowed.

6. No parking is required for an accessory dwelling.

7. Height

a. For detached accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., the maximum height for accessory structures shall apply.

b. Accessory dwellings that are an addition to the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall conform to the applicable height limits for the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

c. Height limits shall not be considered if the accessory dwelling is only a conversion of existing space within the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

5.4.3. Amateur Wireless Facility

A. Non-commercial, amateur, ham radio or citizen’s band antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. supporting structures, antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. or antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays with an overall height less than 50 feet in Residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or with an overall height less than 70 feet in all other zoning districts can be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., if in accordance with the following additional requirements.

1. Towers and support structures shall meet the setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements for accessory structures for the zoning district in which the proposed facility shall be located, or 100% of the tower height, whichever is greater.

2. The applicant shall commit in writing that the facility will be erected in accordance with manufacturer's recommendations.

B. Non-commercial, amateur, ham radio or citizen’s band antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. supporting structures, with a height greater than as provided above shall be regulated in accordance with paragraph 5.3.3N, Wireless Communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. Facilities for Transmitting and Receiving Electronic Signals.

5.4.4. Home Occupations

Home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. shall be allowed within any residential use subject to the following regulations:

A. General

1. No display of goods, products or services shall be visible off site.

2. Only handmade items, foodstuffs, and crafts made on the premises can be offered directly for sale. No goods, products or commodities bought or secured for the express purpose of resale shall be sold at retail or wholesale on the premises. Catalog and electronic business orders may be received for goods, products or commodities bought or secured for the express purpose of resale at retail and wholesale when the products are received and shipped from the premises to fulfill catalog or electronic business orders.

3. Traffic and parking associated with the use shall not be detrimental to the neighborhood or create congestion on the street where the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. is located.

4. Vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. used primarily as passenger vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be permitted in connection with the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling.. Only one commercially licensed vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be allowed, except in the RS-20 and RR districts, where up to two heavy equipment Vehicles such as buses, tow trucks, furniture trucks, fuel trucks, refrigerated trucks, dump trucks, or cement mixers; vehicles with a Class of 7 or above that would typically have a Gross Vehicle Weight (GVW) of at least 13 tons, or any construction equipment, or, within City limits, any farm equipment (except in the RS-20 or RR districts). vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. can be permitted. All heavy equipment Vehicles such as buses, tow trucks, furniture trucks, fuel trucks, refrigerated trucks, dump trucks, or cement mixers; vehicles with a Class of 7 or above that would typically have a Gross Vehicle Weight (GVW) of at least 13 tons, or any construction equipment, or, within City limits, any farm equipment (except in the RS-20 or RR districts). vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. associated with a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. permit shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from view from adjoining properties and the public right of way.

5. No equipment or process shall be used in connection with the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. that creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable off-site.

6. No hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) can be manufactured, stored, processed or disposed of on the premises.

7. The home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. shall not exceed 30% of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the livable portion of the dwelling.

8. An accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or an accessory dwelling can be used for all or a portion of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. but the combined total square footage devoted to the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. shall not exceed the limits described in paragraph A.7 above.

9. Internal alterations or construction modifications not customary in dwellings and exterior modifications to the dwelling to accommodate the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. shall be prohibited except to meet the accessibility requirements of the Americans with Disabilities Act.

Commentary: Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. for a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. may require modification of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. to meet the habitable space requirements of the Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code. If outside employees are associated with the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling., modifications to an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or accessory dwelling may also be required to comply with the Americans with Disabilities Act.

10. Tutoring or instructional services shall have no more than five students at one time.

B. Rural Home Occupations

The following requirements shall apply to all home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. located on properties zoned Residential Rural District (RR) containing at least 10 contiguous acres in addition to the provisions of paragraph A, above:

1. In addition to persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. residing on the premises, up to three nonresident employees can be engaged in the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

2. If a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. is located within an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or dwelling, the accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or dwelling shall not be located closer to the front property line than the closest side of the primary dwelling to the front property line; nor closer to the side property line than the closest side of the dwelling to the side property line or 100 feet, whichever is a lesser distance, and not closer than 75 feet to the rear property line.

3. The home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. can include outdoor uses or activities. Any areas used for outdoor activities shall be at least 250 feet from any property line and shall also be closer to the principal dwelling on the site than to any dwelling on an adjoining site.

4. Any home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. utilizing these provisions shall be required to cease operations if the parcel See “Lot of record.” size is reduced to less than 10 acres.

C. Other Home Occupations

In all districts other than RR, or in RR-zoned properties less than 10 acres, the following standards apply in addition to the standards of paragraph A above:

1. Only persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. residing on the premises and up to one nonresident employee can be engaged in the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

2. No outside storage use or activity, except parking, required recreation areas for child care centers in residences, and for instructional services that require an outdoor facility such as a swimming pool for swim classes, shall be associated with the home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

D. Telecommuting

Telecommuting A work arrangement in which an employee uses technology to perform assigned duties at home or at another site away from the traditional work site during some or all of regularly scheduled work hours, reducing or eliminating the employee’s commute or travel to and from the traditional work site. shall not be considered a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

5.4.5. Storage of One or More Junk Vehicles

Junk vehicles A vehicle which does not lawfully display a current license plate and which is partially dismantled or wrecked, or cannot operate under its own power. shall be prohibited within a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or on a property devoted to residential use, except that junk vehicles A vehicle which does not lawfully display a current license plate and which is partially dismantled or wrecked, or cannot operate under its own power. owned by an occupant of the dwelling and stored within an enclosed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. so that they are not visible from an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property or a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. may be allowed. Within the Rural Tier, junk vehicles A vehicle which does not lawfully display a current license plate and which is partially dismantled or wrecked, or cannot operate under its own power. may also be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. with a permanent enclosure to meet this standard.

5.4.6. Manufactured Home Storage

Storage of a manufactured home shall be prohibited within a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or on property devoted to residential use, unless the manufactured home is lawfully permitted pursuant to Sec. 5.1, Use Table, or paragraph 5.5.2F, Manufactured Homes.

5.4.7. On-Site Recycling Facilities and Drop-Off Sites

Commentary: On-site recycling facilities and public recycling drop-off sites A site providing containers for the collection of recyclable materials, typically an accessory use. Recyclable materials are transported from the drop off site to another location for processing. should not be confused with recycling centers A building or an area where the primary activity is the separation of materials prior to shipment for remanufacture into new materials. This shall not include junkyards or wrecking yards., which are much larger regional centers that process recyclables. Examples of on-site recycling facilities include cardboard or aluminum can be recycling bins. Public recycling drop-off sites A site providing containers for the collection of recyclable materials, typically an accessory use. Recyclable materials are transported from the drop off site to another location for processing. include facilities located in church or school parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. where the public may deposit recyclables.

A. Recycling facilities and drop-off sites shall be permitted as an accessory use in all nonresidential districts and multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. residential property.

B. The drop-off site shall be kept free of litter, residue and debris by the party responsible for the maintenance and management of the drop-off facility.

C. Recycling drop-off sites A site providing containers for the collection of recyclable materials, typically an accessory use. Recyclable materials are transported from the drop off site to another location for processing. shall be located at least 50 feet away from adjoining residentially zoned property.

D. The drop-off site containers shall be durable, waterproof, covered and of uniform color. The name and phone number of the party responsible for maintenance shall be posted on the container.

E. [City Only] Notwithstanding the other provisions of this section, unattended clothing donation containers are prohibited unless located at the operational site of a company or organization that collects used clothing for resale or donation as a primary business function. An unattended clothing container is any box, bin, dumpster, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the sponsoring company or organization is present to accept donations. Prohibited clothing donation containers that exist at the time this section is adopted shall be removed within 30 days of adoption.

5.4.8. Satellite Dishes (Earth Stations)

Satellite dishes (earth stations) that are less than one meter (39.37 inches) in diameter in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. and less than two meters in diameter in all other zoning districts shall be exempt from the standards of this section. Satellite dishes exceeding these dimensions shall be subject to the following additional requirements:

A. A Minor Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit issued in accordance with Sec. 3.9, Special Use Permit, shall be required.

B. If attached to a roof or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., a letter certifying the roof’s and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.’s structural stability shall be written and sealed by a licensed engineer, prior to any approval of a roof-mounted satellite earth station.

C. No commercial messages shall be placed on the dish.

5.4.9. Swimming Pools

Commentary: In-ground and above-ground pools are subject to any applicable public health and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements.

When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and have a surface area of at least 100 square feet shall be subject to the following additional requirements:

A. Private Pools

Private swimming pools (as well as the decking and equipment associated with the pool) located on any residential lots with the exception of those described in paragraph B below, shall not be located between the street and the principal structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. unless located to the rear of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., and shall not be closer than five feet to any property line.

B. Outdoor Community Pools, Private Club Pools, or Townhouse, Detached Rowhouse, Multiplex and Apartment Pools

1. Except for roof-top pools, outdoor pools including decking shall be located at least 100 feet from any property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use. For purposes of this paragraph, a district or use that is across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall not be considered adjacent Property abutting directly on the boundary of, touching, or sharing a common point..

2. When the pool is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement shall not apply when a permit has been issued for a special event.

3. All outdoor pools shall be enclosed by a fence. The exterior walls of buildings can be incorporated as a portion of the fence to create a fully enclosed area around the pool.

a. All fence points of ingress/egress shall be equipped with self-closing and self-latching gates.

b. The fence shall be at least four feet in height with a maximum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 50%.

5.4.10. Vehicle Repair

Up to two vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. can be repaired simultaneously on a residential property if the vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. are registered to an occupant of the residence.

5.4.11. Vehicle Sales

Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales shall be prohibited within a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or on property devoted to residential use, except that the sale of a private vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. registered to the occupant of the residence shall be allowed. No more than one such vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be displayed at a time.

5.4.12. Domestic Chickens (City Only)

A. Purpose

The purpose of this section is to authorize and provide standards for the keeping of domesticated chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken.. It is intended to enable residents to responsibly keep a small number of female chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.

F. Construction, Design, and Location for Coop and Pen

1. Location

Notwithstanding the location requirements of paragraph 5.4.1, Accessory Structures, chicken coops A structure for the sheltering of chickens. shall be located at least 15 feet from any property line or public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and chicken pens An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed predator-safe environment. shall be located at least five feet from any property line or right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Coop

a. Except as required in paragraph 1, above, the chicken coop A structure for the sheltering of chickens. shall comply with the requirements of paragraph 5.4.1, Accessory Structures.

b. The coop shall be enclosed with solid material on all sides and have a solid roof and door(s). An existing shed or garage can be used for a coop.

3. Pen

a. The chicken pen An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed predator-safe environment. shall be constructed of wood or metal posts and wire fencing material.

b. The pen shall be covered with wire, aviary netting, or solid roofing.

G. Maintenance

1. The chicken coop A structure for the sheltering of chickens., chicken pen An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed predator-safe environment., and surrounding area shall be kept in a sanitary condition at all times.

Commentary: The chicken coop A structure for the sheltering of chickens. should provide adequate security, ventilation, and shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. from moisture and temperature extremes. Chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. should have access to feed and clean water at all times, and such feed and water shall be inaccessible to rodents, wild birds, and predators. Chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. should be provided adequate bedding in the chicken coop A structure for the sheltering of chickens. and perches are encouraged.

2. All manure, uneaten feed, and other trash shall be removed in a timely manner and disposed of in a sanitary manner.

3. The requirements of Chapter 70, Utilities, Article V, Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Management and Pollution Control, shall apply. All necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites shall be performed.

4. Slaughter and other processing of chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. shall be conducted in accordance with Small Flock Management Resources guidance provided by the Poultry Science Division of the North Carolina Cooperative Extension/North Carolina State University College of Agriculture and Life Sciences. Slaughter shall not be visible from any adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property, public area, or right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. If a chicken Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. dies from causes other than slaughter, it shall promptly be placed into a plastic bag, which shall be closed securely and disposed of with household waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations..

H. Waste Storage and Use

1. No more than two cubic feet of chicken Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. manure shall be stored, for use as unprocessed fertilizer. All other manure shall be disposed of or composted. All stored manure shall be completely contained in a waterproof container.

2. Any compost using chicken Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. manure shall be produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. in an enclosed backyard composter.

Commentary: Be aware that unprocessed chicken Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. manure may contain pathogens that can be transmitted to produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. on which it is used as fertilizer. A proper mix of materials and maintaining a temperature of at least 131 degrees Fahrenheit for at least three consecutive days is necessary to destroy pathogens in compost.