ARTICLE 9: Conditions for Certain UsesCONTENTS: .1 An accessory dwelling may be attached, within, or separate from the principal dwelling. .2 The principal use of the lot shall be a detached or attached single-family dwelling, built to the standards of the North Carolina .3 No more than one accessory dwelling shall be permitted on a single deeded lot in conjunction with the principal dwelling unit. .4 The accessory dwelling shall be owned by the same person as the principal dwelling. .5 The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory .6 A detached accessory dwelling shall be housed in a building not exceeding 650 square feet of first floor area (maximum footprint) .7 A detached accessory dwelling shall be located in the established rear yard and meet the standards for the applicable building and .8 An accessory dwelling must be registered with the Planning Director at the time a certificate of occupancy is obtained. Back to Zoning Table of Contents Studies have shown that adult establishments tend to have serious deleterious effects upon nearby residential areas and uses where juveniles .1 Adult establishments are permitted in the HC District subject to the requirements below:
Back to Zoning Table of Contents 9.3 Agricultural Industry in the Rural and Transitional District Agricultural Industry, limited to the production of commercial poultry or small livestock in enclosed buildings, according to the procedures The Town Board shall issue a Special Use Permit for the production of commercial poultry or small livestock in enclosed buildings in the .1 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and .2 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and .3 That no part of the proposed use will be located or operated so as to emit dust, noise, fumes, or odors in concentrations or amounts .4 That there will be a separation of no less than 250 feet between structures housing the agricultural industry and any property located .5 That the proposed use shall be located on a lot of no less than ten acres. Back to Zoning Table of Contents Airports are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10. The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented at the .1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and .2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and .3 That the proposed use will not constitute a nuisance to properties located in residential or mixed use districts or developed for .4 That the proposed use will comply with all applicable Federal Aviation Administration regulations. Back to Zoning Table of Contents 9.5 Amusement Facilities (Outdoor) .1 Outdoor amusement facilities will be separated by an opaque screen from any abutting property located in a residential or mixed .2 No amusement facilities, such as miniature golf courses, skateboard courses, or mechanical rides shall be located within 200 feet .3 Hours of operation will be no earlier than 6:00 a.m. and no later than 12:00 midnight Back to Zoning Table of Contents The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking, Article 6. Back to Zoning Table of Contents .1 Tombstones, crypts, monuments and mausoleums must be located at least 25 feet from any street right-of-way line or abutting .2 Buildings for maintenance, management, rent and /or sale of cemetery lots must conform to a building type permitted in the zoning Back to Zoning Table of Contents The scale and activity level of religious institutions is a function of size and the range of accessory uses associated with the institution; very .1 Religious institutions shall meet the standards for civic building and lot type, Article 4. .2 Development Standards.
.3 Accessory uses such as religious institution offices, religious bookstores serving the immediate congregation, parking lots, family .4 Religious institution accessory uses which are not permitted as principal uses in a district shall adhere to the following restrictions:
.5 Except as noted in .3, above, accessory uses not permitted as principal uses (including television stations, radio stations, .6 Application for a building permit shall include a comprehensive site plan which addresses the required standards and conditions Back to Zoning Table of Contents 9.9 Commercial Communication Tower A Commercial Communication tower shall meet the following standards: .1 To encourage future shared use of commercial communication towers, the tower owner must demonstrate that the tower will .2 No new commercial communication tower may be established if there is a technically suitable space available on an existing .3 The entire facility must be aesthetically compatible with its environment. If not otherwise camouflaged, towers shall be of a .4 Fencing must be provided to secure the communication equipment on site. If chain link or similar fencing material is used on .5 All obsolete or unused facilities must be removed within 12 months of cessation of operations at the site. .6 No equipment, mobile or immobile, not used in direct support of the transmission or relay facility shall be stored or parked .7 Towers shall not be artificially lighted except to insure human safety as required by the Federal Aviation Administration .8 An opaque screen expected to reach minimum 8’ height at maturity shall be planted around the perimeter of the area occupied .9 No more than one communication tower shall be constructed on a single tract of land. .10 If such a structure is located on a lot adjacent to a lot or lots located in a residential or mixed use district, it must be located .11 To be permitted as an incidental accessory use in any zoning district, a tower shall be camouflaged on, with, or in an existing Back to Zoning Table of Contents 9.10 Commercial Outdoor KennelThe outdoor containment of animals shall be at least 250 feet from abutting property located in a residential or mixed use district. Back to Zoning Table of Contents 9.11 Day Care Centers and Small Day Care Homes.1 Child Day Care Center.
.2 Adult Day Care Center.
.3 Child Day care home, small, accessory.
.4 Adult Day Care Home, small.
Back to Zoning Table of Contents 9.12 Drive Through Windows as an Accessory Use.1 Drive-through service windows, stacking lanes, and circulation are prohibited in the established front setback of the principal .2 Drive-through service windows, stacking lanes, and circulation are treated as components of on-site parking for the purposes .3 The length of on-site stacking lane(s), taken together, shall be a minimum of 200 feet if window access is provided directly .4 The drive-through lane(s) must be distinctly marked by special striping, pavement markings, or traffic islands. A separate .5 Screening is not required for walk-up service accessories such as depositories and ATM’s. Back to Zoning Table of Contents 9.13 Duplex on Corner LotDuplexes are permitted on corner lots in any residential or mixed use district according to the following standards: .1 The entrances to each unit in the structure will face different streets; .2 The dwelling must meet the minimum front yard setback from both streets upon which a unit faces; .3 The lot has at least 1.5 times the minimum lot area, if any, for the district. .4 Duplexes which meet the standard for the attached house or the apartment building, are permitted without corner lot Back to Zoning Table of Contents 9.14 Essential Services 1 and 2.1 Utility distribution lines, which deliver service to the end user from a substation fed by a transmission line providing .2 Facilities used for the operation of essential services should, whenever possible, be located on interior properties rather .3 Buildings and other structures which cannot adhere to the scale, volume, spacing, setback and typology of existing buildings Back to Zoning Table of Contents 9.15 Essential Services 3Essential Services, Class 3, are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10. The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented .1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and .2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and .3 That the proposed use will not constitute a nuisance to properties located in residential districts or developed for residential or .4 That area of active use will be enclosed by a fence, not easily climbable, at least six feet in height, and the fence must be located .5 That a minimum separation of 100 feet, fully vegetated, will be provided between the fenced use area and any abutting property .6 That the site shall be screened from the street(s) by a screen composed of a masonry wall or a solid fence, planted on the Back to Zoning Table of Contents 9.16 Facilities for the Intake and Transfer Off-site of Inorganic Household
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.9 And that upon termination of quarrying operation, the site must be reclaimed in accordance with NC General Statutes.
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9.32 Raceways and Drag Strips
Raceways and Drag strips are permitted in the SP District subject to a Special Use Permit, according to the procedures of
Section 11.4.10.
The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented
at the Special Use Permit hearing establishes:
.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and
.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and
.3 That the use will be located on a lot of at least 50 acres; and
.4 That vehicular access to the use will be provided only by way of a major or minor thoroughfare; and
.5 That no direct beams of light from outdoor lighting fixtures, signs, or vehicles maneuvering on the site will shine into any abutting
property located in a residential district; and
.6 That a minimum separation of 100 feet, fully vegetated, shall be provided between the fenced use area and any abutting property
line; existing vegetation shall be preserved to the extent practicable and supplemented with new plantings as may be required to provide
a year-round opaque buffer from abutting properties; and
.7 That the site shall be screened from the street(s) by a masonry wall or a solid wood fence, planted on the exterior side with a
semi-opaque vegetative screen with expected height of at least 8 feet at maturity; if security fencing of chain link or similar material is
provided, it shall be placed on the interior side of the vegetation and wall or fence; and
.8 That hours of operation will be no earlier than 8:00 a.m. and no later than 11:00 p.m.
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9.33 Riding Academies and Commercial Stables
Riding academies are permitted in the Rural and Transitional District if the following standards are met.
.1 All buildings and structures related to the care of animals and to the conduct of the academy must be located at least 100 feet
from property boundaries.
.2 Maximum number of horses is 2 per acre.
.3 Off-street parking, service areas, and buildings which are not used for residential purposes, farm purposes, or the stabling of
horses, shall be separated by an opaque screen from the view from any street and from abutting properties.
Entrance Drives
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9.34 Sanitary Landfill
Sanitary Landfills are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10.
The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented at
the
Special Use Permit hearing establishes:
.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and
.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and
.3 That the comprehensive site plan addresses each of the development standards below:
(a) The use shall be located on a lot of at least 50 acres;
(b) All land filling operations and off-street parking and service areas will be separated by a 100 foot buffer from all adjacent
properties and shielded by an opaque screen from the view from a public street;
(c) No structure or land filling operation will be located within 100 feet of any property line nor within 200 feet of abutting
property
located in a residential district or developed for residential or mixed use;
(d) Vehicular access to the proposed use will not be provided by a residential collector or a town street and access roads
to the site
will connect directly to a designated thoroughfare; and
.4 That the plan for development and operation of the site addresses the environmental standards below:
(a) The siting and design of the facility will comply with the "Siting and Design Requirements for Disposal Sites" of the North
Carolina
Solid Waste Management Rules (T15ANCAC 13B) in effect at the time of review of the application;
(b) Monitoring of surface water and groundwater will be conducted in accordance with the State of North Carolina permit
and
monitoring documents developed pursuant to the State of North Carolina Solid Waste Management Rules;
(c) The facility complies with the Mecklenburg County Department of Environmental Protection's policy concerning Actual
and
Suspected Contaminants of Mecklenburg County Surface and Groundwater; and
.5 That there is a general timetable indicating the development phases and projected life expectancy of the landfill; and
.6 That there is a detailed plan for the re-use of the property, after landfill operations cease, that is not in conflict with the objectives
of the most detailed plan approved for the area; and
.7 That the plan for close-out of the landfill includes the creation of an escrowed fund to finance close-out, with contributions to the
fund escrowed annually, beginning at the time facility development begins.
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9.35 Schools
.1 Schools shall conform principal buildings to the standards of Civic Buildings and lots, Article 4. Accessory and incidental
buildings may be placed within a street fronting yard if they conform to a building and lot type permitted in the zoning district. Buildings
which do not so conform shall be placed within established rear and side yards which do not abut a street.
.2 Permanent parking lots associated with schools shall meet the standards of Article 6, Off-Street Parking. However, areas
designated for temporary bus parking that also serves as a recreational area shall not be subject to interior parking lot landscaping
requirements.
.3 Notwithstanding .1 and .2, above, where the safe transport of students requires functional separation of parking and circulation
areas (i.e. school bus, auto drop-off, etc.), the location of parking and circulation according to building and lot type may be modified,
so long as street abutting parking and circulation areas are, to the extent practicable, detailed as plazas.
.4 Dust-free, pervious surface areas are encouraged for overflow or event parking; such areas need not conform with Article 6 if
they are maintained in a natural condition (for example, as a grassed field).
.5 Service areas shall be separated by an opaque screen from the view from any street and from abutting properties (Section 8.21.2).
.6 Where chain link and similar fencing material are installed in an established yard abutting a street, such fencing shall be planted
on
the exterior side with evergreen shrubs minimum 3 feet in height (expected height at maturity minimum 6 feet), 6 feet on center at
installation.
.7 Outdoor lighting associated with active outdoor recreational facilities shall be designed as follows:
a. Facilities shall use fully shielded lighting fixtures except where luminaries are:
(1) Provided with internal and/or external glare control louvers and installed so as to minimize uplight and offsite light trespass, and;
(2) Installed and maintained with aiming angles that permit no greater than five percent (5%) of the light emitted by each fixture to project above the horizontal.
b. Lighting plans shall limit light trespass to the maximum extent possible. A maximum of .5 footcandles at any location on any
non-residential property, and .1 footcandles at any location on any residential property, as measurable from any orientation of the measuring device, shall be met.
c. Lighting shall be extinguished after 11:00 p.m. Illumination of the sports facility shall be permitted after this time only to
conclude a scheduled event that was unable to conclude before this time due to unusual circumstances.
.8 Elementary and Junior High Schools shall be located on streets sized to accommodate traffic volumes of background uses plus the
additional traffic projected to be generated by the school(s)
.9 Senior high schools shall be on a lot which abuts a minor or major thoroughfare; primary vehicular access shall be provided from the thoroughfare.
.10 When permitting temporary classroom units, the entire site shall be reviewed for compliance with applicable codes (i.e. sidewalks,
landscaping, turn-lanes). Applicants are encouraged to bring the site into compliance where deficiencies are identified relative to the
intensification of use proposed.
.11 Sufficient stacking lanes for drop off and pick-up shall be provided onsite so that traffic circulation is not impeded on any public right-of-way.
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9.36 Solid Waste Incineration
Solid Waste Incineration, materials that are neither hazardous not infectious, is permitted in the SP District subject to a Special Use Permit,
according to the procedures of Section 11.4.10.
The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented at the
Special Use Permit hearing establishes:
.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and
.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and
.3 That the incineration units(s) will be constructed and operated in compliance with environmental regulations, both current and future,
as annotated in the United States Code of Federal Regulations, particularly Chapter 40, which deals with environmental regulations, as
amended by the State of North Carolina and Mecklenburg County Department of Environmental Protection; and
.4 That all storage, handling, incineration, and loading facilities will be located at least 200 feet from any exterior property line and
at least 1,250 feet from any lot located in a residential or mixed use district or developed for residential, institutional, or mixed use; and
.5 That structures, off-street parking and service areas will be separated by a 100 foot buffer from all adjacent properties and
shielded by an opaque screen from the view from all public streets.
.6 That active use portions of the site will be entirely fenced with nonclimbable fencing material to a height of at least six feet,
which shall be installed on the interior of the buffer; and
.7 That vehicular access to the operation will be provided only by way of a designated thoroughfare; and
.8 That all surface water and groundwater on the property shall be protected so as to minimize to the greatest extent possible the
potential for contamination; and
.9 That the site will be served by a publicly operated sewage disposal system and all sanitary sewer and storm water management
systems on the property will be protected so as to minimize to the greatest extent possible the potential for contamination.
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9.37 Temporary Uses and Structures, Including Seasonal Markets
.1 The establishment of temporary sales lots for farmers markets, Christmas trees, and other seasonal agricultural products, plus
related goods, are permitted for up to a maximum of three months upon the issuance of a temporary use permit by the Zoning
Administrator. The following conditions apply.
(a) Storage of goods in or sale of goods from trailer(s) on the site is prohibited.
(b) The use may only be located on a vacant lot or on a lot occupied by a nonresidential use.
(c) The use shall be conducted behind the prevailing established setback line for structures within 300’ in either direction on
the same side of the street.
(d) Off-street parking may be provided behind or to the side of the established use, but not forward of the prevailing established setback line, defined in (c), above.
(e) On-site parking may be provided on a dust-free, pervious surface area and need not comply with Article 6.
(f) Signs on the premises of a temporary use shall meet the same standards as the correlative building and lot type permitted
in the district.
.2 The establishment of temporary mobile food sales are permitted as an accessory use for up to a maximum of two (2) days per week
and major holidays upon issuance of a temporary use permit by the Zoning Administrator. The following conditions apply.
(a) Trailers, carts and related storage shall be removed by the close of each business day.
(b) The use may only be located on a lot occupied by a non-residential use.
(c) The use shall be located a minimum of 15’ behind existing road right-of-way, shall not impede the flow of pedestrian traffic,
nor shall be located in any required parking space, loading space, or vehicle maneuvering area.
(d) Off-street parking may be provided in existing parking spaces, as long as they are not part of the required number of spaces
for the principal use.
(e) No signage shall be permitted, except signs that are painted on or applied directly to the mobile food unit.
(f) All applicable local and state regulations, including, but not limited to, Health Department and Environmental Protection,
shall be met.
(g) All discharge, waste and trash shall be properly disposed of in accordance with the applicable regulations by the close of
each day.
(h) A temporary use permit shall be required and is valid for one year and may be renewed annually.
(i) At the issuance and renewal of a temporary use permit, the applicant shall supply the Zoning Administrator with a schedule of the days of operation of the business along with permission from the property owner to locate on the property.
(j) The use shall not create any additional non-conformities on the existing site.
.3 Temporary accessory structures, including but not limited to, school mobile classrooms and temporary offices placed on
development sites during construction and sale of buildings, are permitted for up to a maximum of two years, renewable thereafter
in one year increments, upon the issuance of a temporary use permit by the Zoning Administrator. Such structures shall meet the
standards for building and lot type to the extent practicable, given the location of existing buildings and improvements on the site
and location of permitted of construction areas. Temporary structures associated with construction projects shall be removed
upon completion of construction.
.4 Temporary Storage Containers are permitted as a temporary accessory use for residences, when not associated with new construction, subject to the following:
(Construction addressed in Section 9.37.3)
Temporary storage containers shall be removed within thirty days of being placed on a lot and shall not be replaced for six months from the date of removal. Temporary storage containers may be placed on a property twice during a twelve-month period.
The temporary storage container cannot be located in a street right of way.
The temporary storage container shall not be placed in required parking spaces.
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9.38 Transfer Station for Organic and Inorganic Waste Products
Transfer Stations are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10
The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented
at the Special Use Permit hearing establishes:
.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby the property;
and
.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and
.3 That the comprehensive site plan addresses the development standards below:
- That the use will be located on a lot of at least twenty (20) acres in size; and
- That the total dwelling rooms do not exceed twenty-four (24) rooms for rental and/or owner/staff occupancy in a maximum of ten buildings ( (2) main inns and up to eight (8) residential cottages); and
- That the owner/management shall reside onsite.
- That the use may utilize the rural lane street design standards of Article 5; and
- That the use may utilize a paved private drive. If a private drive is used it shall be constructed on a recorded easement not less than twenty (20) feet in width serving the Country Inn exclusively with the following restrictions:
- The recorded easement shall have at least thirty (30) feet of frontage on a public street.
- The private paved road, must be at least eighteen (18) feet wide and constructed in accordance with the Land Development Standards Manual as it applies to Huntersville. Private drive right of way or easement shall be of such width to accommodate drainage/water quality treatment.
- The plat and associated deeds shall clearly state such drive shall remain private and will not be taken over by a public entity in the future; and
- that special events shall be allowed for the public such as wedding receptions, rehearsal dinners, afternoon tea, parties, business meetings/retreats and similar events with the following restrictions:
- That the hours of operation, including set-up and break-down, for special events will be no earlier than 9:00 a.m. and no later than 11:00 p.m.
- that special events must comply with the noise restrictions identified in the Town of Huntersville Noise Ordinance; and
- That there will be a separation of no less than:
- Parking areas shall be located one-hundred (100) feet from arterial roads and thoroughfares, thirty-five (35) feet from internal public streets and driveways and one hundred (100) feet from adjacent properties except when their uses are adjacent to dedicated open spaces, either by deed or easement, in which case, the setback shall be thirty-five (35) feet. Parking areas will be visually buffered from the arterial roads and thoroughfares.
- Special event areas shall be located one hundred (100) feet from any property boundary located in a residential district or developed for residential or mixed use purposes except when their uses are adjacent to the dedicated open spaces, either by deed or easement, in which case the setback shall be thirty-five (35) feet.. A thirty (30) foot vegetated buffer along the property line is required for special event areas except when the adjacent property uses are dedicated open spaces either by deed or easement. Additional buffers may be required as part of d) of this section.
- All newly constructed accessory structures such as: Barns, Green Houses, Vertical Gardens, Agriculture or Farm related structures shall be located one hundred (100) feet from any property located in a residential district or developed for residential or mixed use purposes except when their uses are adjacent to dedicated open spaces either by deed or easement in which case the setback shall be thirty-five (35) feet. .
- As each property is unique, the Town Board may modify the buffers for a Country Inn Development based on particular topographical issues and uses of the property. For instance, additional buffer requirements may be appropriate for special event areas and/or reduction in buffer area may be appropriate for farming or pasture areas within the Country Inn project.
- The Country Inn Development shall be rural in nature and considered a single lot development and shall not be required to provide connector roads to or through other residential developments.
- No Wind Energy Facility, or addition of a Wind Turbine to an existing Wind Energy Facility, shall be constructed unless a Special Use Permit has been issued to the Facility Owner or Operator approving construction of the facility under this Ordinance.
- Any physical modification to an existing and permitted Wind Energy Facility that materially alters the size and/or type of Wind Turbines or other equipment shall require a Special Use Permit modification under this Ordinance. Like-kind replacements shall not require a permit modification.
- Permit Requirements: In addition to Special Use Permit Requirements found in Article 11.4.10, the permit application shall contain the following:
- A narrative describing the proposed Wind Energy Facility, including an overview of the project;
- The proposed number, representative types and height or range of heights of wind turbines to be constructed, dimensions and a description of ancillary facilities;
- Identification and location of the properties on which the proposed Wind Energy Facility will be located;
- A site plan showing the planned location of all wind turbines, property lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the Wind Energy Facility to the substation(s), ancillary equipment, building(s), and transmission and distribution lines. The site plan must also include the location of all structures and properties, demonstrating compliance of the setbacks;
- Other relevant information as may be reasonably requested by the Town of Huntersville to ensure compliance with the requirements of this Ordinance.
- Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored;
- Signature of the Land Owner and Applicant.
- Certification of compliance with applicable local, state and federal regulations, such as FAA and FCC regulations.
- The applicant shall avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the Wind Energy Facility.
- All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.
- General Requirements
- Setbacks: The following dimensional requirements shall apply to the installation of wind turbines and/or wind energy facilities:
- The setback is calculated by multiplying the minimum setback requirement number by the Wind Turbine Height and measured from the center of the wind turbine base to the property line, Public Street, or nearest point on the foundation of an Occupied Structure.
- Minor wind facilities attached to the roof of a structure are prohibited.
- Minimum Lot Size Requirements:
- The minimum lot size required for a minor wind facility shall be 10 acres.
- The minimum lot size required for a major wind energy facility shall be 30 acres.
- Maximum number of turbines:
- There shall be no more then one wind turbine that serves as a minor wind energy facility on a single property.
- Any property with more than one wind turbine shall be considered a major wind facility.
- Installation and Design
- The installation and design of the Wind Energy Facility shall conform to applicable industry standards, including those of the American National Standards Institute, and take into consideration local conditions.
- All structural, electrical and mechanical components of the Wind Energy Facility shall conform to relevant and applicable local, state and national codes.
- Any on-site collector system shall, to the maximum extent possible, be placed underground.
- The visual appearance of Wind Energy Facilities shall at a minimum:
- Turbine(s) shall be of a coloration that will blend with the surroundings (example: brown, green, gray, off-white or white).
- Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and,
- Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator.
- The base of the turbine(s) shall be a monopole construction rather than a guyed pole or lattice construction.
- Noise
- Audible sound from a Major or Minor Wind Energy Facility shall not exceed fifty-five (55) dBA as measured from any adjacent property line of any Non-Participating Landowner.
- Decommissioning
- The Wind Energy Facility Owner shall have 6 months to complete decommissioning of the Facility if no electricity is generated for a continuous period of 12 months.
- Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, and any other associated structures required by staff.
- Disturbed earth shall be graded and re-seeded.
- Minor Solar Energy Facilities:
- Residential Property (refer to illustration): Minor solar facilities shall be allowed in accordance with the provisions below:
- Front yard placement is prohibited.
- Front facade placement (if facing street or common access) requires a Special Use Permit (SUP).
- Front roof slope placement requires a Special Use Permit (SUP).
- Side & rear yard placement permitted as by-right accessory use in all districts subject to the issuance of a zoning permit.
- Side & rear yard roof slope placement permitted as a by-right accessory use in all districts subject to the issuance of a zoning permit.
- Major Solar Energy Facilities
- Shall require the issuance of a Special Use Permit and in addition to the Special Use Permit requirements found in Article 11.4.10 shall include the following:
- An existing features plan as described in the Subdivision Ordinance Article 6.300 1. 14. is required. Placement of solar panels shall be based on preserving existing features to the extent practical.
- Major solar energy facilities are exempt from any parking requirements in the Huntersville Zoning Ordinance if there is no commercial or office building component.
- Setbacks
- Shall meet the minimum required setbacks for the underlying zoning district for installations in the R & TR zoning districts.
- Shall be a minimum of 20 feet from any property line in the SP zoning district.
- Height:
- Free standing major solar facilities shall be a maximum of 8 feet in height as measured from the grade at the base of the structure to the apex of the structure.
- The minimum lot size requirement for major solar facilities is 10 acres.
- Town of Huntersville to be given copies of any lease agreement and plan for removal of facility/equipment.
- Glare resistant solar panels shall be used if the solar facility is adjacent to any airport.
- Rooftop major solar energy facilities should not be considered as rooftop equipment on any building type and therefore, does not require screening and are not subject to any architectural standards that would prohibit reflective materials.
- Shall require the issuance of a Special Use Permit and in addition to the Special Use Permit requirements found in Article 11.4.10 shall include the following:
- The following shall be prohibited:
- Persons dangerous to others
- Sex offenders
- Active (but not recovering) substance abusers
- A Halfway house must meet a permitted building and lot type for the district in which it is to be located.
- No Halfway house may be located within a one-half (1/2) mile radius of any other halfway house or any schools (public or private), parks, playgrounds, day care centers, public and private youth centers.
- Applicant must include in their submittal an area plan showing zoning classifications and land uses of all properties within a one half mile radius of the site of the proposed halfway house.
- Applicant must provide:
- Copy of arrest/release records for all occupants.
- Copy of any contracts or policies for the operation of the facility.
- Copy of the rules for the residents of the halfway house.
- Documentation stating that a supervisor will be on duty at all times.
(a) The active use areas of the site shall be separated by a 100 foot buffer from all adjacent properties and shielded by an
opaque screen from all public streets;
(b) That active use portions of the site will be entirely fenced with nonclimbable fencing material to a height of at least six
feet, which shall be installed on the interior of the buffer and screen; and
(c) No active area will be located within 100 feet of any property line nor within 200 feet of abutting property located in a
residential district or developed for residential, institutional, or mixed use; and
(d) Vehicular access to the proposed use will not be provided by a residential collector or a town street, and access roads
to the site will connect directly to a designated thoroughfare.
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9.39 Transit Shelter
-
.1 Transit shelters may be located within any street right-of-way or within an established yard fronting a street, but may not be
located so as to obstruct the sight distance triangle (Section 8.9).
.2 Only governmental signs are permitted in association with a transit shelter.
.3 If constructed by other than the Town of Huntersville, a schematic plan must be submitted and approved by the Board of
Commissioners. The plan must include the following:
(a) the location of the proposed shelter relative to street, property lines, and established building yards; and
(b) the size and design of the shelter, including front, side, and rear elevations, building materials, and any public convenience
or safety features such as telephone, lighting, heating, or trash containers.
.4 A building permit shall be issued only after approval by the Board of Commissioners of the proposed schematic plan in .3, above.
.5 A transit shelter located within a street right-of-way or an established yard may be removed by the Town of Huntersville if the
Town
Board determines that it no longer serves the best interest of the public.
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9.40 Trucking Terminals
Trucking Terminals are permitted in the SP District provided:
.1 The area designated for truck parking shall be located no closer than 40 feet from an abutting street right-of-way. Truck
parking areas are not classified as parking lots. Therefore they are exempt from the standards of Article 6, but subject to the
alternative standard in .2, below.
.2 The area of truck parking shall be screened from view from the street(s) and from all abutting properties by an opaque screen;
wherever security fencing is desired, it shall be placed on the interior side of the screening materials.
.3 The use shall be located on or directly accessible to a major thoroughfare, expressway, or freeway; truck terminals shall not be
sited such that residential or town streets are regularly traversed to access the larger capacity road.
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9.41 Correctional Facilities
Correctional Facilities are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10.
The Town Board shall issue a Special Use Permit for a correctional institution in the SP District if, but not unless, the evidence
presented at the Special Use Permit hearing establishes:
.1 That the proposed use will comply with all standards which this ordinance applies to uses in the SP Districts; and
.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and
.3 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and
.4 That the principal structure and any accessory use or structure (excluding property boundary fencing) will be located at least
500 feet from any property located in a residential district or mixed use district; and
.5 That property boundary fencing shall not employ barbed wire, razor wire, electrical fencing, or similar materials where abutting
property located in a residential district or mixed use district; and
.6 That security fencing will be provided an opaque screen on the exterior of fencing wherever it is adjacent to a street or property
in a residential or mixed use district; and
.7 That all lighting for the facility will be oriented so that direct beams of light shine away from all abutting properties and into the
correctional facility property; and
.8 That the use will be located on a lot of at least 10 acres if the facility has beds for more than 100 inmates; and
.9 That the use will be located on a lot of at least five acres if the facility has beds for 100 or fewer inmates.
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9.42 Marinas (accessory to residential use)
A marina is permitted as an accessory use to residential development in the R, TR, GR, NR, NC, both TND districts, and in the MH-O
District provided:
.1 No sale of goods or services or other commercial activities shall occur at the marina.
.2 The number of boat slips shall not exceed 110 percent of the number of dwelling units in the residential development which the
marina serves.
.3 Areas for parking and service shall meet all applicable screening and landscape requirements of this ordinance.
.4 Dry boat storage (indoor or outdoor) is not permitted at marinas accessory to residential developments.
.5 Any accessory marina serving more than 50 dwelling units shall have a boat launching facility for use by residents only.
.6 Accessory marinas shall adhere to pier and water facilities development standards in Section 9.43.
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9.43 Special Requirements for Facilities Located on or Adjacent to the
Catawba River and its impoundments (Lake Norman and Mountain Island Lake)
The purpose of this Section is to provide supplemental restrictions to protect and enhance water quality, safety, and public recreational
opportunities on the Catawba River and its impoundments (Lake Norman and Mountain Island lake). These requirements shall apply to
the surface waters of the Catawba River and its impoundments and all land areas within 1,000 feet of their shorelines. In the case of Lake
Norman, the regulatory boundary shall be measured as 1,000 feet horizontally and upland of the designated full pond level of 760 feet
contour elevation. This contour elevation shall also serve as the standard from which all related measurements will be taken. In the case
of the Catawba River and its impoundments, the shoreline shall be the mean high water mark. The restrictions of this section shall be
supplemental to any other standards established in these regulations.
.1 All water related structures shall be approved by Duke Energy Lake Services prior to any construction. After the issuance of a zoning compliance for a building permit, the applicant must obtain and submit the required authorization from Duke Energy Lake Services or any other pertinent outside agency.
.2 Individual Private Facilities (residential piers) are permitted on lots currently in single-family residential use.
.3 Piers and other shoreline projections must be located and constructed within the area described by and in accordance
with the standards below:
(a) A projection over the water may be established at each of the two property corners. Each projection shall bisect the angle between two points where a 10 foot radius from a common property corner intersects the property lines defining the shoreline, as illustrated in Figure 9.43(a). If there is no common property corner, the center of the radius shall be the point on the side property line closest to the water, as illustrated in Figure 9.43(b). A line is then drawn from the new center of the radius parallel to the property line defining the shoreline for the adjacent property and the projection is created from that center of radius, as illustrated in Figure 9.43(c).
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9.44 Beneficial Landfills
.1 Prior to commencement of fill activity a change of use permit accompanied by a site plan shall be issued to insure compliance
with the standards found herein.
.2 Any such site may not be operated for more than 12 months, after which time it must be closed in an approved fashion
according to Mecklenburg County Department of Environmental Protection standards.
.3 The site may be operated only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday.
.4 Final fill elevations must match or compliment adjacent surrounding topography. The final contours and drainage patterns of the
fill area may not adversely affect adjacent properties.
.5 No fill which includes used asphalt may be placed in any portion of a regulatory flood plain, including both the floodway and
floodway fringe area.
.6 No portion of any such site may be located within 30 feet of any exterior property lines. This includes structures, equipment
storage, parking areas and fill areas. When required by other sections of this ordinance, buffer yards shall be used as required.
.7 Any beneficial landfill must obtain disposal site approval from the Mecklenburg County Environmental Protection Department
and comply with the standards of the State of North Carolina.
.8 At the time of permitting the location of any such site must be indicated on any required final subdivision plat. Further, any
parcel or lot which contains any part of any such site must have notification of the existence and extent of the site recorded at the
time of permitting as part of the deed for the lot or parcel, even if no subdivision plan is required for the development of the property.
.9 Fill activity is not exempt from and must comply with, all other applicable Federal, State, and local laws, ordinances,
rules and regulations, including, but not limited to, other zoning restrictions, flood plain restrictions, watershed regulations, wetland
restrictions, mining regulations, sedimentation and erosion control regulations.
.10 The landfill operator shall be responsible for removal of any and all debris, dirt, or other materials which fall from trucks
entering or leaving the landfill from all adjoining streets on at least a weekly basis or more frequently if needed. Failure to comply
constitutes a violation of this ordinance and may constitute grounds for revocation of the operating permit.
.11 The individual operating the landfill and the property owner, if other, shall provide their name(s), mailing address, and phone
number at the time of permitting.
.12 All driveways which serve the site must be wide enough to accommodate two-way traffic at all times and an area on the site
must be provided to accommodate vehicles entering the site so that no traffic waiting to enter the site will be backed up on any public
right-of-way. The first 20 feet of any driveway access to the facility must be paved and must directly connect to a major or minor
thoroughfare or to a non-residential collector or non-residential local street. Driveway permits from the appropriate agency must
be issued.
.13 The actual fill area must be located at least 300 feet from any existing residential structure.
.14 Vehicular access to the site must be controlled; and must be closed and secured during hours when filling activities are
not under way.
Beneficial fill sites less than one-fourth acre do not require a zoning permit or site approval and are exempt from this section, except
for conditions (2), (3), (4), (5), (8), (9), and (10) above. In addition (7) is required, if it contains material such as concrete, concrete
block, brick or used asphalt.
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9.45 Hotels and Motels
Hotels are permitted in the Highway Commercial and Corporate Business Districts subject to the requirements below; Motels are
permitted in the Corporate Business District only, subject to the requirements below:
.1 Any structure in which a hotel or motel is the principal or accessory use shall be separated by a distance of at least 250 feet
from any residential or mixed use zoning district, measured from the closest point of the lot occupied by the hotel or motel to the
closest point of lots in residential and mixed use zoning districts.
.2 Any structure in which a hotel or motel is the principal or accessory use is spaced less than established in 1 above shall require a special use permit subject to the following standards as well as all other standards applicable for special use permits:
(a) Any structure in which a hotel or motel is the principle or accessory use shall be separated by a distance no less than three (3) times the height of the proposed structure closest to the common lot line of the adjoining residential and mixed use zone, but in no case less then 100 feet.
(b) That all other site design requirements stated in this code are met.
(c) That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property.
(d) That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area.
(e) That vehicular access to the use will be provided only by way of a major or minor thoroughfare, or a commercial street within a commercial or mixed use project.
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9.46 Plant Nurseries
Plant nurseries as defined in Section 12.2.1 are permitted in any R and TR district according to the following standards:
.1 No part of the proposed use will be located or operated so as to emit dust, noise, fumes or odors in concentrations or amounts
that would constitute a nuisance to persons of ordinary sensitivities on nearby properties.
.2 There shall be a separation of no less than 250 feet between structures located on the tract and any property located in a
residential district or developed for residential or mixed use purposes. The total square footage of all structures located on the
tract shall not be greater than five percent (5%) of the total area within the tract. No structures on the tract shall be predominantly
metal. Greenhouses are permitted but each greenhouse structure shall not be greater than 36 feet wide, 200 feet long or 14 feet high.
.3 The proposed use shall be located on a tract of not less than 30 acres. Up to 50% of the tract may be impervious with gravel
and up to 12% may be impervious with structures and paved areas.
.4 Any nonorganic goods or materials available for sale which are positioned in such a way as to be visible from any public
right-of-way shall either be returned to an enclosed building each night or screened from view from all public rights-of-way using a
semi-opaque screen as defined in Section 7.6.3.
.5 The proposed use shall be accessed by a major thoroughfare. The number of ingress and egress points shall be limited to the
total road frontage for the tract divided by 300. Each point of ingress and egress shall be paved for the first 40 feet from the thoroughfare
right-of-way.
.6 The proposed use shall be open to the public only between the hours of 7:00 a.m. and 9:00 p.m.
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9.47 Special Uses in TOD-R Districts
Uses permitted in the TOD-R district that exceed maximum first floor area or exceed the maximum limit for non-residential uses
are permitted subject to approval of a Special Use Permit. The procedures of Section 11.4.10 shall be followed.
The Town Board shall issue a Special Use Permit for the subject use(s) and building(s) if, but not unless, the evidence presented
at the Special Use Permit hearing establishes each of the following:
.1 That along any street providing primary pedestrian access to a transit station:
· Street level building edge(s) shall line at least one-half of the approved block length, and
· distance between pedestrian entries at street level shall not exceed 100 feet, and
· at least thirty percent (30%) of the area of the street level façade shall be composed of windows and doors, and
· standards above are met by either the principal building, or by the construction of liner buildings along street level.
.2 That the proposed buildings and uses shall not substantially increase the demand for automobile access to the transit-oriented
development.
.3 That the proposed buildings and uses meet the Intent statement for the district.
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9.48 Special Uses in TOD-E Districts
Uses permitted in the TOD-E district that have the potential for reducing employment intensity are permitted subject to approval of a
Special Use Permit. The procedures of Section 11.4.10 shall be followed.
The Town Board shall issue a Special Use Permit for the subject use(s) and building(s) if, but not unless, the evidence presented at the
Special Use Permit hearing establishes each of the following:
.1 That the use is in the area between the ¼ mile and the ½ mile walk from the station site.
.2 That, for buildings along any street in the district that provides primary pedestrian access to a transit station:
· Street level building edge(s) shall line at least one-half of the approved block length, and
· distance between pedestrian entries at street level shall not exceed 100 feet, and
· at least thirty percent (30%) of the area of the street level façade shall be composed of windows and doors
· standards above are met by either the principal building, or by the construction of liner buildings along street level.
.3 That the proposed buildings and uses shall not substantially increase the demand for truck and automobile access through the
pedestrian-oriented street system of the TOD.
.4 That the proposed buildings and uses meet the Intent statement for the district.
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9.49 Transit-Oriented Parking Lots as a Principal Use
Transit-oriented parking lot as a principal use shall be permitted in any zoning district subject to the following standards:
.1 Transit-oriented parking lots shall adhere to the standards of Article 6, Off-Street Parking, except that in the NR district
parking lots may be constructed up to the prevailing established setback line for structures within 300’ in either direction on the
same side of the street. The prevailing setback applies for both the fronting street and any abutting streets. In all other zoning
districts, transit-oriented parking lots may be constructed up to 10 feet from street right-of-way.
.2 Buildings associated with transit-oriented parking lots shall meet the standards of Article 9.39, Transit Shelters.
.3 Transit-oriented parking lots in the Corporate Business (CB), Campus Institutional (CI), or Special Purpose (SP) Districts
shall be exempt from the 80’ buffer yard requirement along public streets. All other buffer yard standards of Article 8.20 apply.
.4 Up to 50% of a transit-oriented parking lot may be unpaved.
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9.50 Retirement Communities
Retirement Communities are permitted in the Neighborhood Residential (NR) District subject to the conditions below:
.1 Community must meet the requirements concerning massing and scaling in Art.3.2.4 d-1
.2 A minimum of eighty percent (80%) of residents must be fifty-five (55) years of age or older
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9.51 Commercial Use in a Detached House Building Type:
All outdoor display of goods shall be located immediately adjacent to the storefront on the front porch during the hours of operation only; display goods shall not block building access. No other outdoor display is permitted.
The hours of operation shall be compatible with the residential area. The hours of operation shall be between 8AM and 9PM. The following activities are prohibited outside of business hours: loadin and unloading of materials, exterior maintenance, refuse removal and other activities that create a nuisance.
Site lighting shall meet the requirements of Article 8.26 Site Lighting.
9.52 Country Inn Developments in the TR Zoning District
Country Inn Developments are permitted in the Transitional Residential Zoning District subject to a Special Use Permit, according to the procedures of Section 11.4.10.
The Town Board shall issue a Special Use Permit for the subject facility in the TR District if, but not unless, the evidence presented at the Special Use Permit hearing establishes:
9.53 Wind Energy Facilities
Wind Energy Facility Type |
Minimum Setback Requirements¹ |
Maximum Height from Grade |
Minimum Turbine Blade Clearance |
|||
Occupied Structures (Subject Property) |
Occupied Structures (Adjacent Property) |
Property Lines |
Street |
|||
Minor |
0.0² |
2.5 |
2.0 |
2.0 |
75ft. |
20ft. |
Major |
1.0 |
2.5 |
2.0 |
2.0 |
150ft. |
20ft. |
9.54 Solar Energy Facility
 |
b. Non-Residential Property: Minor solar facilities on non-residential property shall require a Special Use Permit (SUP).
c. Minor free-standing facilities must comply with accessory structure setbacks and spacing.
d. Minor free-standing facilities shall be a maximum of 5 feet in height as measured from the grade at the base of the structure to the apex of the structure.
e. Minor rooftop solar energy facilities shall not be considered as rooftop equipment on any building type and therefore, do not require screening and are not subject to any architectural standards that would prohibit reflective materials.
9.55 Halfway Houses
Halfway houses are permitted in the Special Purpose (SP), Highway Commercial (HC) and Campus Institutional (CI) zoning districts subject to a Special Use Permit, according to the procedures of Section 11.4.10.
The Town Board shall issue a Special Use Permit for a halfway house in the SP, HC or CI district if, but not unless, the evidence presented at the Special Use Permit hearing establishes: