Zoning Ordinance

 ARTICLE I
AUTHORITY AND JURISDICTION

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Section 1. Authority and Enactment

In pursuance of authority granted by the General Assembly of North Carolina in G. S. 160A, Article 19, the Town of Denton may enforce zoning regulations to promote the public health, safety, morals and general welfare; to  promote the orderly development of the community; to lessen congestion on the roads and streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities, all in accordance with a well considered comprehensive plan.

Section 2. Short Title

This Ordinance shall be known as The Zoning Ordinance of the Town of Denton, North Carolina, and may be referred to as the Zoning Ordinance or this Ordinance. The map, which is identified by the title Official Zoning Map, Denton, North Carolina, may be referred to herein as the Zoning Map.

Section 3. Jurisdiction

The provisions of this Ordinance shall apply within the corporate limits of the Town of Denton and within the territory beyond such corporate limits as shown on the Zoning Map and/or described in the extraterritorial zoning resolution. The extraterritorial boundary will follow physical features when possible, but at no point will the outside boundary extend more than one (1) mile from the corporate limits in any direction.

Section 4. Incorporation of the Zoning Map

The Zoning map and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this Ordinance.

Section 5. Exceptions of Applicability

These regulations shall not prevent the construction of any building or structure for which a building permit has been secured prior to the effective date of this Ordinance so long as the permit has not been revoked (pursuant to G. S. 160A-422) or allowed to expire. However, once constructed, any structure so erected will be subject to any and all regulations set forth in this Ordinance.


ARTICLE II
LEGAL PROVISIONS


Section 1. Relation to Other Ordinances

It is not intended that these regulations shall in any way repeal, annul, or interfere with the existing provisions of any other law or ordinance except any ordinance, which these regulations specifically replace. It is not intended that these regulations interfere with any easements, covenants, or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.


Section 2. Severability

If any section or specific provision or standard of these regulations or any zoning district boundary that now exists or may exist in the future is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.


Section 3. Repeal of Existing Zoning Ordinance

This Ordinance repeals all provisions of the original ordinance except those specifically reenacted. All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been adopted; and any and all violations of the existing zoning ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted.


Section 4. Effective Date

This Ordinance shall take effect and be in force from and after its adoption by the Board of Commissioners of the Town of Denton, North Carolina, this ___________________.


ARTICLE III
ADMINISTRATION

Section 1. Board of Commissioners

The Board of Commissioners, as the governing body of the Town of Denton, acts in its legislative capacity when considering proposed amendments to the text of this Ordinance or to the Zoning Map and shall observe the procedural requirements set forth in this Ordinance.

When considering amendments to this Ordinance or the Zoning Map, the Board of Commissioners shall follow the regular voting procedure and other requirements as set forth in other provisions of the Town Code, the Town Charter, or general law.

It is the intention of this Ordinance that the duties of the Board of Commissioners in connection with the Ordinance shall not include the hearing and passing upon of disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in this Ordinance. Furthermore, the duties of the Board of Commissioners in connection with this Ordinance shall be only the duty of considering and passing upon any proposed amendment, the issuance of a separate conditional use permit and in connection with a Conditional Use District rezoning, the issuance of a conditional use permit with Developmental Standards, or repeal of this Ordinance as provided by law.


Section 2. Planning Board

The Planning Board shall review and make recommendation to the Board of Commissioners on all matters relating to zoning within the corporate limits and zoning jurisdiction of Denton, North Carolina, whenever such matters require the attention of the Board of Commissioners.


Section 3. Board of Adjustment

(A) Creation

The Denton Planning Board is hereby designated to function as the Board of Adjustment as provided for in G. S. 160A-388. All members shall have equal rights and privileges in all matters. Vacancies shall be filled for the unexpired term only. The Board of Commissioners may remove Town members for cause upon written charges after a public hearing. The Board of County Commissioners may remove extraterritorial members for cause upon written charges after a public hearing.


(B) Rules of Procedures

The Board of Adjustment shall adopt rules of procedure separate from this Ordinance which shall, at a minimum, provide for:

1. general rules;


Text Amendment to Town of Denton Zoning Ordinance
Replace Current ARTICLE III. ADMINISTRATION, Section 2. Planning Board With
Following New Language:


Section 2. Planning Board

The Board of Commissioners hereby establishes the Denton Planning Board. The board shall consist of six (6) members.

(A) Appointment of members

Five (5) members shall be appointed by the Board of Commissioners from within the town limits and one (1) member is to be appointed by the Davidson County Commissioners as provided by NCGS 160A-361 and 160A-362, to represent the extraterritorial zoning jurisdiction area outside the town. All members of the planning board shall exercise their jurisdiction and authority concerning all matters presented to the board.

(B) Terms of office

Initial appointments may be staggered by the mayor to ensure all members' terms do not expire in the same year. Terms for all seats shall expire in December of each respective year. As any staggered terms expire, appointments shall be made for terms of 3 years. Members shall hold office until their successors are appointed and qualified.

Appointments to fill vacant seats shall be for the remainder of the terms.

(C) Duties

The duties of the planning board shall include:

- Initiate plans for the orderly development of the town and extraterritorial zoning jurisdiction area for recommendation to the board of commissioners.

- Function as the board of adjustment.

- Initiate studies of the population, economy, land use, traffic and other factors impacting the resources, needs and public welfare of the present and future town.

- Regulation of the subdivision and platting of land within the town and outside as authorized by law.

- Make recommendations to the Board of Commissioners on zoning regulations and zoning map boundaries which from time to time may need to be amended, supplemented, changed, modified or repealed within the town jurisdiction or outside as authorized by law.

- Advise the board of commissioners on all matters related to the development of the town, particularly with respect to conditions which negatively impact the public welfare and to perform such other duties as may be assigned from time to time by the board of commissioners.

(D) Meetings, records and officers

All regular meetings of the planning board shall be held at Town Hall and shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member on each question; if absent or failing to vote, an indication of such fact; all of which shall be public record. The board shall elect officers (chair, vice chair and secretary) and adopt its regular meeting schedule for the coming calendar year to be filed with the Town Clerk.

Johns Authoprization

2. officers and duties;

3. alternate members;

4. rules of conduct for members;

5. meetings;

6. zoning appeals and applications; and

7. amendments.

Such rules of procedure shall accompany but shall not be a part of this Ordinance. Such rules shall be consistent with this Ordinance and the G. S. 160A, Article 19, Part 3. All meetings of the Board shall be open to the public and minutes shall be kept of all meetings.

(C) Powers and Duties of the Board of Adjustment

The Board shall have the powers listed below:

1. to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer;

2. to hear and decide applications for decisions on all special and temporary use permits; and

3. to authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest.

The concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance or to effect any variance authorized.

The Board shall not grant a variance, issue a special use permit or a temporary use permit until a public hearing is held. Notice of such public hearing shall be posted on the properties affected at least fifteen (15) days prior to the public hearing and shall appear in a local newspaper of general circulation in Davidson County at least fifteen (15) days prior to the public hearing.

(D) Consideration of Proposed Variances

In considering all proposed variances to this Ordinance, the Board shall, before making any finding in a specified case, first determine that the proposed variances will not constitute any change in the district boundaries shown on the Zoning Map and will not impair the adequate supply of light and air to adjacent property, substantially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare.

In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use as it deems advisable in furtherance of the purposes of this Ordinance.

The Board shall not grant a variance until a public hearing is held. Before a variance is granted, it shall be known that:

1. there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;

2. granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents in the district in which the property is located;

3. a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;

4. the requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare;

5. the special circumstances are not the result of the actions of the applicant;

6. the variance requested is the minimum variance that will make possible the legal use of the land, building or structure; and

7. the variance is not a request to permit a use of land, building or structure which is not permitted by right or by condition in the district involved.

(E) Conditions Governing Application of a Special Use permit or a Conditional Use Permit.

The Board of Adjustment has the power and duty to grant, in particular cases and subject to appropriate conditions and safeguards, permits for a special use; the Town Board has the power and duty to grant, in particular cases and subject to appropriate conditions and safeguards, permits for a conditional use, as authorized by this Ordinance. Neither Board shall grant a special use or a conditional use permit until a public hearing is held and unless and until:

1. a written application for a special use or a conditional use permit is submitted,

2. notice of the public hearing is posted on the property for which the special use or conditional use permit is sought and appears in a local newspaper at least fifteen (15) days prior to the public hearing; and

3. no special use or conditional use permit shall be approved by the Board of Adjustment or the Town Board, unless the following findings are made concerning the proposed use:

a)  the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
b)  the use meets all required conditions and specifications;
c)  the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
d)  the location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of      Denton and its environs.

(F) Temporary Use Permits

Provisions of this section are intended to provide relief in cases of hardship on a short-term basis only. A Class B manufactured home (excluding the requirement for a permanent masonry foundation) may be permitted in residential districts in a rear yard as an accessory use on a temporary basis when a personal hardship exists (specifically limited to reconstruction of a site-built house because of damage, terminal illness of an immediate family member, or a contagious disease of an immediate family member). A temporary permit may also be issued for the occupancy of a Class B manufactured home (excluding the requirement for permanent masonry foundation) when constriction of a site-built house has been undertaken by the owners of the lot.

Temporary use permits may be issued by the Zoning Enforcement Officer (after approval by the Board of Adjustment, following a public hearing) for a period of six (6) months, and may be renewed for additional six (6) month periods provided that the above hardship continues to exist. Application for renewal of a temporary use permit shall be made thirty (30) days prior to the expiration date of said permit. All applications shall be made to the Zoning Enforcement Officer. This restriction does not apply to manufactured homes used as classrooms within a school system.

All manufactured homes shall be connected to water and sewer systems approved by the Davidson County Health Department. Manufactured home structures used as classrooms or temporary offices, which do not contain restrooms or sinks and are not used as housing are not required to have water and sewer. Additionally, temporary use permits can be issued by the Zoning Enforcement Officer for Class A or B manufactured homes (excluding the requirement for a permanent masonry foundation but including one for vinyl skirting) in non-residential districts, where they may be used for temporary office purposes during the construction of any permanent building.

(G) Appeals From and To the Board of Adjustment

Any person aggrieved by a decision of the Board of Adjustment, may, within thirty (30) days from the filing of the decision of the Board, but not thereafter, present to a court of competent jurisdiction a petition for a writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Thereupon such decision of the Board shall be subject to review as provided by law.

An appeal from the decision of the Zoning Enforcement Officer may be taken to the Board of Adjustment by any person aggrieved by such decision. Such appeal shall be made in writing to the Board and to the Zoning Enforcement Officer specifying the grounds therefor. The Zoning Enforcement Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

The Board of Adjustment shall hold hearings at which specific appeals shall be heard, notice of said hearings being made public in at least two (2) of the following ways:

1. publishing a public notice in a newspaper of general circulation in Davidson County at least fifteen (15) days before the hearing;

2. posting signs concerning the hearing in the neighborhood which is affected; or

3. sending written notices to all the adjoining property owners.

Section 4.  Zoning Enforcement Officer

The Zoning Enforcement Officer, to be appointed by the Board of Commissioners, is hereby authorized and it shall be his duty to enforce and administer the provisions of this Ordinance. It shall be his responsibility to deny or forward the initial request for a zoning permit.

Section 5.  Zoning Permit

It shall be unlawful to use or to permit the use of any building or premises, or any part thereof which may be hereafter created, erected, changed, or converted, until a zoning permit has been issued by the Zoning Enforcement Officer that the proposed use conforms to the requirements of this Ordinance. The temporary zoning permit shall require conditions and safeguards as will protect the safety of the occupants and the public.

The Zoning Enforcement Officer shall maintain a record of all zoning permits, and copies shall be furnished upon request to any interested person.

If the zoning permit is denied, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment.

Section 6.  Building Permits

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the County Building Inspector. No building permit shall be issued without a zoning permit signed by the Zoning Enforcement Officer.

Section 7.  Certificate of Occupancy Required

A certificate of occupancy issued by the County Building Inspector is required in advance of:
the occupancy or use of a building hereafter erected, altered, or moved; or a change of use of any building or land.

A certificate of occupancy, either for the whole or part of a building, shall be applied for concurrent with the application for a zoning permit and shall be issued within ten (10) days after the erection or structural alteration of the building or part shall have been completed in conformity with the provisions of this Ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the certificate of occupancy is denied, the Building Inspector shall state in writing the reasons for refusal, and the applicant shall be notified of the refusal.

A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any interested person.

Section 8. Vested Rights

Zoning "vested rights" as established under G.S. 160A-385.1, ensures that a properly issued zoning permit will protect the applicant against zoning changes that will affect the allowable type and intensity of use. Such rights shall run for a period of two (2) years from the date of approval of a zoning permit. In addition to this "vested right", other "vested rights" may be established either by issuance of a building permit [G.S. 160A-385(b)] or upon making substantial expenditures in good faith reliance on a governmental approval.

Section 9.  Town Attorney May Prevent Violation

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this Ordinance, or any structure or land is used in violation of this Ordinance, the Zoning Enforcement Officer shall inform the Town attorney. The Town attorney may institute any appropriate action or proceeding to prevent, restrain, correct or abate the violation. See Article X, Section 2.

Section 10.  Liability

The owner, tenant, or occupant of any land or structure, or part thereof and any architect, engineer, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and be subject to the penalties and remedies provided herein.

ARTICLE IV
DEFINITIONS

Section 1.  General

For the purpose of interpreting this Ordinance, certain words or terms are herein defined. The following words shall, for the purpose of this Ordinance, have the meaning herein indicated.

Section 2. Interpretations of Commonly Used Terms and Words

  • Words used in the present tense include the future tense.

  • Words used in the singular number include the plural.

  • Words used in the plural number include the singular, unless the natural occurring of the word indicates otherwise.

  • Words used in the masculine include the feminine.

  • The word "person" includes a firm, association, corporation, trust, and company, as well as an individual.

  • The words "used for" shall include the meaning "designed for."

  • The word "lot" shall include the words "plat," "parcel," or "tract."

  • The word "shall" is always mandatory and not merely directory.

  • The word "may" is permissive.

  • The word "structure" shall include the word "building."

  • The words "Town" or "town" shall mean the Town of Denton, North Carolina.

Section 3. Definitions of Specific Terms and Words

The following is an alphabetical listing of words and terms used in this Ordinance.

Accessory Use. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Adult Day Care Center. A day care facility in which day care is provided to seven (7) or more adolescents, or disabled, or older adults in a place other than their usual place of residence on less than a twenty-four (24) hour basis.

Adult Day Care Home. A day care facility in which day care is provided for up to six (6) adolescents, or disabled, or older adults on less than a twenty-four (24) hour basis.

Adult entertainment. Adult bookstores, adult motion picture theaters, adult live entertainment businesses, or massage businesses defined by State law.

Alteration. The word "alteration" shall include the following:

  • any addition to the height or depth of a building or structure,

  • any change in the location of any of the exterior walls of a building or structure, or

  • any increase in the interior accommodations of a building or structure.

Apartment. A dwelling unit within an apartment building consisting of a room or rooms intended, designed, or used as a rental residence.

Apartment House. A building or portion thereof used or designed as a rental residence and consisting of three (3) or more dwelling units including apartment hotels, apartment houses, and group housing projects.

Assessed Value. The market value which has been last determined by the county for ad valorem tax purposes.

Basement. That portion of any structure located partly or entirely below the average finished lot grade.

Bed and Breakfast Home. An establishment in a private dwelling that supplies temporary accommodations to eight (8) or fewer overnight guests for a fee.

Billboard. An outdoor structure or display, pictorial or otherwise, either freestanding or attached to a building, which advertises or attracts attention to a business, commodity, service, or other activity, conducted, sold, or offered elsewhere other than on the premises on which said structure or display is located.

Board of Adjustment. The Zoning Board of Adjustment of the Town of Denton, North Carolina.

Bona Fide Farm. Agricultural, horticultural and forestland as defined by G. S. 105.277 (1,2,3) and G.S. 105.277.3.

Buffer. A horizontal distance from the property line which may only be occupied by screening, utilities, access ways and/or landscaping materials.

Buffer Strip. A planted strip at least ten (10) feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than twenty (20) feet apart and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart.

Building. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials. The connection of two (2) or more buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall be deemed to make them one building. This term does not apply to camping trailers, motorized homes, pickup campers, travel trailers, or self-contained travel trailers.

Building, Accessory. A use or structure customarily incidental and subordinate to the main or principal building and located on the same lot therewith, incidental and subordinate to the main principal building.

Building, Principal. See "Structure, Principal".

Building Height. The vertical distance from the mean elevation of the finished grade along the front of a building to the highest point of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, gambrel and pitch roofs.

Building Line. A line fixed parallel to a lot line beyond which a principal building cannot extend under the terms of this Ordinance. Included are front, side, and rear building lines.

Child Care Center. A day care facility in which day care is provided for thirteen (13) or more children when any child is preschool-age or sixteen (16) or more children when all children are school-age.

Child Day Care A. Any child care arrangement wherein five (5) or fewer children less than thirteen (13) years of age receive care away from their primary residence by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, guardians, or full-time custodians, or in the child's primary residence where other unrelated children are in care.

Child Day Care B. Any child care arrangement wherein not less than six (6) nor more than twelve (12) children less than thirteen (13) years of age receive care away from their primary residence by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, guardians, or full-time custodians, or in the child's primary residence where other unrelated children are in care.

Clear Vision Area. The triangular area formed by joining points, using straight lines, along the center lines of intersecting or intercepting streets sixty (60) feet from their intersection or interception. This area shall provide an unobstructed view between a height of three (3) feet and seven and one-half (7.5) feet.

Club or Lodge, Private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities operated on a non-profit basis for the benefit of its members.

Common Open Space. An area of land and/or water, held in common ownership, designed and reserved for the use and enjoyment of the residents. This does not include streets or off-street parking areas. Common open space shall be substantially free of structures but may contain such improvements as are in the plan as finally approved and which are appropriate for the benefit of residents of the development.

Conditional Use District Permit. A Permit (handled by the Board of Commissioners) issued for a use or development within a Conditional Use District that is use specific. Additional conditions may be added by the Board.

Conditional Use Permit. A permit (handled by the Board of Commissioners) issued for a use or development that would not be generally appropriate within the zoning district without added restrictions to safeguard the health, safety, morals, general welfare, appearance, or property of the neighborhood.

Condominium. See Dwelling Unit.

Customary Home Occupation. Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof which is clearly incidental and secondary to the use of the dwelling for dwelling purposes;
the use does not change the character thereof. There is no display, nor commodity sold upon the premises except as may be produced by the occupants; provided, that not more than twenty-five (25) percent of the
total floor area of the dwelling, including basement, may be devoted to such occupation. No person, other than a resident of the premises, shall be employed in connection with the home occupation.

Discontinuance of Use. When a use is not active.

District (or Zoning District). Any section of the Town of Denton and its zoning jurisdiction within which regulations are uniform.

Dwelling Unit. An enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

Dwelling, Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional and undivided basis. A
condominium is considered multi-family.

Dwelling, Duplex. A building arranged or designed to contain two (2) dwelling units.

Dwelling, Multi-family. A building or portion thereof, designed to contain three (3) or more dwelling units (see Apartment House or Condominium).

Dwelling, Single-family. A detached building designed to contain one (1) dwelling unit.

Dwelling, Townhouse. A single-family detached unit in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more fire resistant walls; each unit occupies one (1) zoning lot.

Easement. A grant by a property owner for a specified purpose and use by the public, a corporation, or individuals.

Family. Any number of persons related by blood, adoption, or marriage, and living together in one (1) dwelling unit as a single housekeeping entity; the term includes domestic servants.

Family Care Unit. A group of not more than six (6) residents, exclusive of supervisory personnel, who need not be related by blood, marriage, or adoption, living together in a residential home as a single housekeeping
unit. The residential home may be provided by an agency, organization or individual for persons who need sheltered living conditions for rehabilitation or extended care purposes.

Fence. An outdoor structure placed around a parcel of land and constructed of either masonry, metal or wood which provides either a physical barrier or visual screen between properties.

Floating Zone. A zone that is nonexistent until a petition to rezone to such is presented and approved by the Town Board; such a designation does not appear on the zoning map until such time.

Frontage. The distance between the two (2) side lot lines as measured along the front building line.

Game Room. Any place of business that operates four (4) or more mechanical games or pay devices for entertainment purposes for which charge is made, either directly or indirectly. This definition encompasses billiards
within such a room.

Group Care Facility. A transitional housing facility for fifteen (15) or fewer residents, licensed by the State of North Carolina or operated by a nonprofit corporation chartered pursuant to Chapter 55A, North Carolina General Statutes, which provides room and board, personal care and rehabilitative services to persons receiving therapy or counseling, to assist them to adjust to society.

Gross Floor Area. The total floor area of a building including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts, and excluding separate service facilities outside the main building such as boiler rooms, and maintenance shops.

Home Business. Any use conducted entirely in and around an accessory building, carried on by one (1) of the dwelling occupants and no more than one (1) additional employee, which substantially supplements the family income or provides the sole income. Such uses shall be clearly limited to those that will not be or become objectionable to neighbors. No heavy equipment, signs, or late hours shall be permitted.

Hotel (Motel).  A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of such guests and which may or may not have dining facilities in the same building.

Immediate Family. Person or persons related to the principal resident by blood or marriage.

Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

Loading Area. A completely off-street space or berth on the same lot as a business or industry for the loading or unloading of freight carriers with ingress and egress to a public street.

Lot. A parcel of land occupied or intended for occupancy by one (1) principal building and its accessory buildings or group of structures together with any accessory structures or uses including the open space required under this Ordinance.

Lot, Corner. A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five degrees (45°) and less than one hundred and thirty-five degrees (135°) with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit.

Lot, Interior. A lot other than a corner lot.

Lot, Through. An interior lot having frontage on two parallel streets.

Lot Depth. The mean distance between the front and rear lot lines.

Lot Line. A line dividing one parcel of property from another parcel of property or from a street right-of-way.

Lot Line, Front. The street right-of-way boundary at the front of the lot, or, the line which separates the lot from the street right-of-way at the front of the lot.

Lot Line, Rear. That line of a lot which is opposite and farthest, on average from the front lot line. Where a lot abuts a street along the rear of the lot, the rear lot line shall be deemed to coincide with the street right-of-way boundary.

Lot Line, Side. Any lot line which meets an end of a front lot line, where a lot abuts a street along the side of a lot, the side lot line shall be deemed to coincide with the street right-of-way boundary.

Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Davidson County, or a lot described by metes and bounds, the description of which has been so recorded.

Lot Width. The distance between side lot lines measured at the front building line.

Manufactured Home. A dwelling unit that: 1) is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one and two-family dwellings; 2) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site in its own chassis; and 3) exceeds forty (40) feet in length and eight (8) feet in width.

Class A Manufactured Home (Commonly Referred to as "Double-wide"). A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria.

  1. The manufactured home has a length not exceeding four (4) times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.

  2. The manufactured home has a minimum of 1,200 square feet of enclosed heated living area.

  3. The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction.

  4. All roof structures shall provide an eave projection of no less than six (6) inches, which may include a gutter.

  5. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard comparable in composition, appearance and durability to the exterior  siding commonly used in standard residential construction.

  6. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance.

  7. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the North Carolina Department of Insurance, and attached firmly to the primary structure and anchored securely to the ground.

  8. The moving hitch, wheels and axles, and transporting lights have been removed.

  9. A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home.

It is the intent of these criteria to insure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

Class B Manufactured Home (Commonly Referred to as "Single-wide"). A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a Class A manufactured home. The following criteria must also be satisfied.

  1. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance.

  2. A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home.

  3. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the North Carolina Department of Insurance, and attached firmly to the primary structure and anchored securely to the ground.

  4. The moving hitch, wheels and axles, and transporting lights have been removed.

  5. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

  6. The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction.

Class C Manufactured Home. A manufactured home that does not meet the definition of either a Class A or a Class B manufactured home.

Class D Manufactured Home. A manufactured home built prior to July 1, 1976.

Mixed Uses. A departure from strict interpretation of this Ordinance to permit existing or new buildings to be used for both dwelling and business purposes.

Modular Home. A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform Residential Building Code for one- and two-family dwellings and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation.

Nonconformance. Any use, structure, lot, or sign which does not conform to the regulations of the Zoning Ordinance either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance.

Non-Conforming Lot. A lot which does not conform to the dimensions required by this Ordinance.

Non-Conforming Sign. A sign which does not conform to the provisions of this Ordinance.

Non-Conforming Structure. A structure which does not conform to the height, bulk, or setback standards set forth in this Ordinance or which does not meet the requirements for the type of structure allowed.

Non-Conforming Use. Any use of building or land which does not conform to the use regulations of this Ordinance for the district in which it is located.

Nursing Care Institution. A home for persons aged, ill, or handicapped in which two (2) or more persons not of the immediate family of the owner or manager of said home are provided with food, shelter, and nursing care. The term nursing care institution includes convalescent home, home for the aging, sanitarium, home for the blind, rest home, or any similar establishment.

Obstruction. Any structure, fence, shrub, bush, tree, flower, plant, motor vehicle or any other object that obscures, impairs, or prevents view or sight through, over or across the clear vision area as herein defined.

Open Storage. Any unroofed storage area, whether fenced or not.

Overlay Zoning. Additional zoning restrictions which are superimposed on the underlying zoning district.

Parking Space. A space for the parking of a motor vehicle within a public or private parking area.

Planning Board. The Planning Board of the Town of Denton.

Plat. A map or plan of a parcel of land which is to be, or has been subdivided.

Principal Use. The primary purpose or function that a lot serves or is intended to serve.

Produce Stand. A temporary structure from which seasonal and/or locally grown produce is sold.

Public Service Corporation. Any privately-owned entity which provides electricity, natural gas, telephone service, or cable TV to the general public.

Public Sewage Disposal System. A single system, with a design capacity exceeding 3,000 gallons per day, of sewage collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage
district, a water and sewer authority, a county or municipality, or a public assembly.

Public Utilities. Water and sewer production plants and distribution systems owned by a government agency.

Public Water Supply. Any water system so defined and regulated by G. S. 130-166.

Recreation Services, Indoor. Establishments engaged in providing indoor amusement or entertainment services. Included are dance studios, bowling centers, physical fitness facilities and membership sports and recreation clubs.

Recreation Services, Outdoor. Establishments engaged in providing outdoor amusement or entertainment services. Included are athletic fields, amusement parks, batting cages, miniature golf courses but not go-cart raceways.

Restaurant. A commercial establishment where food is prepared and served for public consumption.

Retail Business. An establishment selling commodities to consumers.

Retail Service. An establishment providing tangible services for immediate use to the consumer.

Screen. A wall, a fence, or a planted strip composed of deciduous or evergreen trees, or a mixture of trees and dense shrubs.

Self-Contained Travel Trailer. A travel trailer which may operate independently of connections to electricity, water, and sewer for a limited period of time having its own battery or LP gas system or both, to operate lights, refrigerator, stove and heater, and having a water tank with a pressure system, and having a toilet with a holding tank.

Service Station. A building or lot dedicated to the rendering of services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles, excluding body working, overhauling, and painting. 

Setback. The required distance between any structure and the applicable lot line(s) (front, rear, side) of the lot on which the structure is located.

Shopping Center. A group of commercial establishments which is planned and developed and owned or managed as a unit with off-street parking provided on the premises.

Signs. Any form of publicity visible from any public street directing attention to an individual activity, business, service, commodity, or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trade marks, or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints, or other devices erected on open framework, or attached or otherwise applied to posts, stakes, poles, trees, buildings, or other structures or supports.

Attached Sign. Any sign physically attached to the principal or accessory structure on a lot.

Billboard. See "Off-Premises Sign."

Business Sign. See "On-Premises Sign."

Construction Sign. A sign on the lot of a building to be constructed or under construction, alteration, or repair, stating, but not limited to, the purpose for which the building is intended, the names of the architects, engineers, contractors, developers, financiers, or others involved, the square footage of the structure or other pertinent data.

Directory Sign. A sign on which the names and locations of occupants or the use of a building is given.

Emergency/Warning Sign. A sign warning the public of a danger to public health and safety.

Flashing Sign. A sign which displays flashing, blinking, or intermittent light of changing intensity.

Freestanding Sign. A sign which is supported from the ground and which is wholly independent of any other structure for support.

Ground Sign (Off premises). A sign which directs attention to a business, profession, commodity, service, or entertainment sold or offered off the premises where such sign is located or to which it is attached.

Ground Sign (On Promises). A sign which directs attention to a business, profession, commodity, service, or entertainment sold or offered on the premises where such sign is located or to which it is attached.

Home Occupation Sign. A sign identifying a permitted horne occupation conducted on the premises of the dwelling unit occupied by the operator of such home occupation.

Illuminated Sign. A sign internally or externally illuminated in any manner by an artificial light source.

Institutional Sign. A sign denoting the name of and service provided by a public, religious or charitable institution.

Integral Sign. A memorial sign or tablet indicating the name of a building and/or the date of erection and cut into masonry or constructed of bronze, brass, iron, or other incombustible materials and mounted on the face of a building.

Local Interest Sign. A sign of a temporary nature used to advertise or announce a particular event of normally local concern.

Occupant/Street Number Sign. A sign bearing only the name of the principal occupant of a residence and/or the street number of a structure.

Off-Promises Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment sold or offered off the premises where such sign is located or to which it is attached.

On-Premises Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment sold or offered on the premises where such sign is located or to which it is attached.

Painted Wall Sign. A sign painted directly on the wall of a structure.

Permanent Sign. A sign set on its own foundation, sunk into the ground, or permanently fastened to, or painted on, a permanent structure. 

Political Campaign Sign. A sign pertaining to a candidate for public office or to a political party and/or its view and beliefs.

Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to signs designed to be transported by means of wheels; signs converted to A-or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Projecting Sign. A sign attached perpendicular to a building wall.

Public Sign. A sign erected by a government agency. 

Public Service Sign. A sign directing the public to a public facility, such as a public telephone, restroom, hospital, school, historic or scenic place.

Real Estate Sign. A sign offering for sale, lease, or rent the property upon which the sign is located.

Signboard. A specific background upon which symbols are affixed or the smallest rectangle which would completely enclose all parts of the sign.

Subdivision or Tract Name Sign. A sign located on a subdivision or tract and identifying the name of the subdivision or tract.

Temporary Sign. A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.

Time and Temperature Sign. An illuminated sign which displays time and/or temperature by means of a light display.

Traffic Directional Sign. A sign directing vehicular traffic movement within the property on which the sign is located.

Wall Sign. A sign painted on the outside of a building or attached parallel to the face of a building wall and confined within the limits of such a wall.

Sign Area. The area measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire advertising copy area, excluding architectural trim and structural members. In computing area, only one (1) side of a double faced sign shall be considered.

Special Use Permit. A permit (handled by the Board of Adjustment) issued for a use or development that would not be generally appropriate within the zoning district without added restrictions to safeguard the health, safety, morals, general welfare, appearance, or property of the neighborhood.

Street, Public. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Street, Private. A privately-owned and maintained street which provides the principal means of vehicular access to abutting properties.

Street Right-of-Way Line. The street right-of-way boundary, or the line which separates the street from the lot.

Structure. Any object constructed or erected the use of which requires more or less permanent location on the ground or which is attached to an object having more or less permanent location on the ground.

Principal Structure. A building in which is conducted the main or principal use of the lot on which said building is situated.

Temporary Structure. A structure intended for temporary offices, headquarters, residence, classrooms (etc.) on the same lot or tract of land being used or developed for a directly related permanent use.

Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the.purpose of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this Ordinance:

  • the combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance;

  • the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

  • the public acquisition by purchase of strips of land for the widening or opening of streets;

  • the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this Ordinance; and

Telecommunication Tower. A tower facility, including, but not limited to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are under 100 feet in height and that, at a height of fifty (50) feet above the base, have a maximum horizontal measurement of eighteen (18) inches nor shall it include any tower erected by a public authority for public safety or emergency services communication purposes.

Townhouse. See Dwelling Unit.

Tract. An area, parcel, site, piece of land, or property which is the subject of a development application.

Trailer, Camper (Recreational Vehicle). A vehicle with or without its own motor power, equipped or used for recreational purposes and mounted on wheels or designed to be so mounted and transported.

Use. The purpose or activity for which a piece of land or its structure(s) is designed, arranged, or intended, or for which it is occupied or maintained.

Use, Principal. The main use of land or structures on a lot, as distinguished from an accessory use.

Variance. A modification of the existing zoning Ordinance which is not contrary to the public interest, where strict enforcement of this Ordinance would cause undue hardship to the applicant because of circumstances unique to the individual property (not caused by the owner or applicant) on which the variance is granted.

Yard. A space on the same lot with a principal building which is open, unoccupied, and unobstructed by structures from ground to sky except where encroachments and accessory structures are expressly permitted under this Ordinance.

Yard, Front. A yard extending the full width of the lot, situated between the front lot line and a line parallel thereto passing through the nearest point of the principal structure.

Yard, Rear. A yard extending the full width of the lot, situated between the rear lot line and a line parallel thereto passing through the nearest point of the principal structure.

Yard, Side. A yard situated between the side lot line and a line parallel thereto passing through the nearest point to the principal structure and extending from the front yard to the rear yard.

Zoning Enforcement Officer. A person (Town Manager) designated by the Town of Denton charged with enforcing the Zoning Ordinance.

Zoning Permit. A statement, signed by the Zoning Enforcement Officer, stating that the plans for a building, structure, or use of land complies with this Ordinance. 

 

ARTICLE V GENERAL PROVISIONS

Section 1. Zoning Affects Every Building and Use

No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located.

Section 2. Lot of Record: Date and Permitted Use

In any district in which residences are permitted, where a lot has an area or width less than the required area or width and was a lot of record on or before the effective date of this Ordinance, such lot may be occupied by a single-family dwelling; provided that the minimum front, rear, and side yard requirements for the district in which it is located are met. This provision shall not apply to any lot to which the provisions of Article V, Section 3 apply.

In all other districts where a lot has an area or width less than the required area or width and was a lot of record on or before the effective date of this Ordinance, such lot may be occupied by a permitted use, provided that all other requirements of the district are met. This provision shall not apply to any lot to which the provisions of Article V, Section 3 apply.

Section 3. Adjoining and Vacant Lots

If two (2) or more adjoining and vacant lots are in single ownership at any time after the effective date of this Ordinance, and such lots individually have less area and/or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot which meets the minimum requirements of this Ordinance for the district in which such lots are located.

Section 4. Reduction of Lot and Yard Areas Prohibited

No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance, except under a special use permit allowing residential cluster developments.

Section 5. Relationship of Building to Lot

Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on the lot, except in the case of a specially designed complex of institutional, residential, commercial, or industrial buildings in an appropriate zoning district, or a temporary use permit allowing a manufactured home as an accessory use.

Section 6. Required Open Space Not Used for Another Building

No part of any yard, other open space, or off-street parking or loading space required for any building, structure, or other use shall be considered to be a part of a required yard, open space, off-street parking or loading space for any other buildings, structures or use except as provided in Article VIII, Section 1 (B).

Section 7. Nonconforming Uses

After the effective date of this Ordinance, existing structures or the use of land or structures which would be prohibited under the regulations for the district in which they are located (if they existed on the adoption date of this Ordinance) shall be considered as nonconforming. Nonconforming structures or uses may be continued provided they conform to the following provisions.

(A) Nonconforming Uses

  1. Uses of Land - This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards, and similar uses where only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this ordinance, in the district in which it is located.

  2. Extensions of Use - Nonconforming uses of land shall not hereafter be enlarged or extended in any way.

  3. Change of Use - Any nonconforming use of land may be changed to a conforming use, or, with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district.

  4. Temporary Use - Temporary nonconforming uses of land may be permitted at the discretion of the Board of Adjustment. Such uses include circuses, carnivals, pageants, revivals, and other "temporary" events with an overall time limit of thirty (30) days.

(B) Nonconforming Structures

This category includes any structure not in conformance with the restrictions of this Ordinance after the effective date of adoption. Such nonconformances shall include, but not be limited to, height, bulk, and setback.

  1. Extensions of Use - Nonconforming structures and nonconforming uses of structures shall not hereafter be enlarged, except upon the issuance of a Special Use Permit by the Board of Adjustment.

  2. Change of Use - If no structural alteration or enlargements are made, any nonconforming building or use of buildings may be changed (with the approval of the Board of Adjustment) to any use more in character with uses permitted in the district. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Ordinance.

  3. Discontinuance of Use - If active operations are discontinued for a continuous period of twelve (12) months with respect to a nonconforming use, such building, buildings, or land shall thereafter be occupied and  used only for a conforming use.

  4. Repair and Alteration - Normal maintenance and repair in a building occupied by a nonconforming use is permitted provided it does not extend the nonconforming use.

  5. Damage or Destruction - If a building occupied by a nonconforming use or a nonconforming building is destroyed by any means to an extent of more than fifty (50) percent of its assessed value at time of destruction, such building may not be restored for any nonconforming use.

(C) Nonconforming Lots

  1. Vacant Lots - This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of Davidson County, which at the time of adoption of this  Ordinance fail to comply with the minimum area and/or width requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is  located provided that:

    a) where the lot area is not more than twenty (20) percent below the minimum specified in this Ordinance, and other dimensional requirements are otherwise complied with, the Zoning Enforcement Officer is authorized to issue a zoning compliance permit;

    b) where the lot area is more than twenty (20) percent below the minimum specified in this Ordinance or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions; and

    c) notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in single ownership at any time after the adoption of this Ordinance and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be combined to create a single lot or lots which meet the minimum requirements of this Ordinance.

  2. Occupied Lots - This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this Ordinance, that fail to comply with the minimum requirements for area, width, yard and setback for the district in which they are located. These lots may continue to be used.

Section 8. Street Access

No building shall be erected on a lot which does not have access to a paved street whether public or privately maintained. All private streets shall be constructed and maintained in accordance with the specifications set forth by the North Carolina Department of Transportation's Minimum Construction Standards for Subdivision Roads.

Section 9. Obstruction to Vision at Street Intersections

On a corner lot in any district, there shall be no opaque fence, wall, or hedge so as to block the clear vision area which is intended to minimize a potentially dangerous traffic situation.

Section 10. Applications

The regulations set forth in this Ordinance shall apply to all land and every structure, including bona fide farms within the Town's jurisdiction.

Section 11. New Uses or Construction

After the effective date of this Ordinance, all new construction and the moving, altering, and enlarging of existing structures shall conform to the use, area, and bulk regulations for the district in which it is, or is to be, located.

Section 12. Conforming Uses

After the effective date of this Ordinance, existing structures or the use of land or structures which conform to the regulations for the district in which they are located may be continued, provided that any structural alteration or change in use shall conform to this Ordinance.

Section 13. Accessory Building in Rear and Side Yards

Accessory buildings may occupy up to twenty (20) percent of the required rear and/or side yards.

Section 14. Side Yards on Corner Lots

In residential districts, the minimum width of the side yard along an intersection of streets shall be at least forty (40) feet in the RA District and at least thirty (30) feet in all other residential districts. Accessory buildings in the rear yard shall also comply with the side yard requirement.

Section 15. Front Yard Setbacks

The front yard requirements of this Ordinance shall not apply to any lot where the front yard coverage on developed lots, located wholly or in part within 100 feet to each side of such lot and located within the same block and  zoning district and fronting on the same street as such lot, is less than the minimum required front yard. In such cases, the front yard on such lot may be less than the required front yard but not less than the average of  the existing front yards on the developed lots; provided, that the front yard on such lot shall not be less than one-half (1/2) of the required front yard for the district. Measurements for this and all other front yard setback shall be made from the pavement edge of the street or the right-of-way. If there is no recorded right-of-way, add fifteen (15) feet to the minimum front yard required as shown in Table 2.

Section 16. Conditions for Modifications of Required Yards

Requirements for front, rear and side yards may be modified under the following conditions.

  1. Cornices, eaves, steps, gutters, bay windows less than ten (10) feet wide, fire escapes, fire balconies, fire towers and similar features may project not more than two and one-half (2 1/2) feet into any required yard.

  2. Necessary retaining walls and fences less than six (6) feet high, when located in the rear and side yard, shall be exempt from the yard requirements of this Ordinance. However, on a corner lot, no opaque fence more  than three (3) feet in height shall be located within any yard or building setback required so as to interfere with the clear vision area. The height of any fence located within a yard abutting on a street line shall be  measured from the sidewalk; if there is no sidewalk, or curb, then it shall be measured from the center line of the street. All other fence heights shall be measured from natural grade. Terraces, steps and uncovered  porches which are not in any part more than four (4) feet above the ground floor level and not within two and one-half (2 1/2) feet of any lot line shall be exempt from the yard requirements of this Ordinance.

Section 17. Projection to Public Rights-of-Way

No signs or other structures may project beyond the curb line of any street or other public way.

Section 18. Site Plans for Conditional Use Districts

A site plan clearly indicating the developer's intention to comply with the provisions of this Ordinance shall be submitted to the Planning Board for approval for all Conditional Use District rezonings.

(A) Graphic Materials Required for Plans.

Development site plans shall be sketched on a map of the property that has been drawn to scale. This map may be provided by the County G.I.S. Mapping System.

(B) Existing Conditions on the Site.

Development plans shall show existing natural, man-made, and legal features (zoning, property lines, rights-of-way, and easements) on the site including, but not limited to the following detail:

  1. streams, ponds or rivers;

  2. driveways;

  3. buildings, septic tank systems and wells (including dimensions of each, if applicable); and

  4. names and addresses of adjacent property owners and the respective zoning district(s).

(C) Proposed Changes in Existing Features or New Features.

The proposed development plans shall show changes in existing natural, man-made, and legal features as well as show proposed new legal features (especially new property lines, street right-of-way lines and utility and other easements), as well as proposed man-made features, including, but not limited to the following:

  1. lot dimensions;

  2. location and dimensions of all buildings, septic tank systems, and wells;

  3. location and dimensions of all areas intended to remain as unused open space; and

  4. driveways.


Section 19. Interpretations of District Boundaries

When uncertainty exists with respect to the boundaries or districts as shown on the Zoning Map, the following rules shall apply:

(A) Delineation

District boundary lines indicated as approximately following property lines, lot lines, center line of streets, alleys, railroads, easements, other rights of way, creeks, streams, or other water channels shall be constructed  to follow such lines.

Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof,  provided such extensions shall not include any part of a lot or tract more than thirty-five (35) feet beyond the district boundary line. The term "least restricted" shall refer to use restrictions, not lot or tract size.

(B) Scale

In the absence of specified distances on the map, dimensions or distances shall be determined by scaling the distance on the Zoning Map.

(C) Interpretation by the Board of Adjustment

When the street or property layout existing on the ground is at variance with that shown on the Zoning Map, the Board of Adjustment shall interpret the district boundaries of this Ordinance.

(D) Division of a Tract

Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof, provided such extensions shall not include any part of a lot or tract more than thirty-five (35) feet beyond the district boundary line. The term "least restricted" shall refer to use restrictions, not lot or tract size.

Section 20. Interpretation of District Regulations

Uses not designated as permitted uses shall be prohibited. Additional uses In character with the district may be added to this Ordinance by amendment.

Section 21. Conflict With Other Laws

Wherever the regulations made under authority of this Ordinance require a greater width or size of yards or courts, or require a lower height of building or less number of stories, or require a greater percentage of lots to  be left unoccupied, or impose other higher standards than that required in any other local ordinance or regulation, the provisions of the regulations made under authority of this Ordinance shall govern. Wherever the  provisions of any other statute or local ordinance or regulation require a greater width or size of yard or courts or require a lower height of building, or a lesser number of stories or require a greater percentage of lot to  be left unoccupied, or impose other standards than are required by the regulations made under authority of this Ordinance, the provisions of such statute or local ordinance or regulation shall govern.

Section 22. Height Limitation

The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers,  telecommunications towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials, and similar structures, except as otherwise provided in the vicinity of airports.

Section 23. Signs

(A) Purpose

It is the purpose of this section to permit signs of a commercial, industrial, and residential nature in appropriate sites throughout the Town of Denton. Although signs are a necessary part of the community, the size and  placement of signs should be controlled in order to: 1) protect property values, both residential and commercial; 2) protect the physical appearance of the community; and 3) reduce distractions or obstructions that may contribute to traffic hazards.

(B) General Provisions

  1.  Permit Required - No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit except those signs permitted in Item 2 which  follows and without being in conformity with the provisions of this Ordinance. Each sign shall also meet all the structural requirements of the Building Code.

  2. Signs Not Requiring a Permit - The signs listed below shall not require a permit from the Zoning Enforcement Officer. However, all signs using electrical wiring and connections shall require an electrical permit.

    a)  Occupant and House Number. Signs shall not exceed one (1) square foot in area and may bear only property numbers, post office box numbers, names of occupants, or other identification not having commercial      notations.

    b)  Directional and Information. Such signs are erected and maintained by public agencies and governments. The sign area shall not exceed thirty-two (32) square feet.

    c)  Professional and Horne Occupation. There shall be allowed one (1) professional or home occupation sign per dwelling, not to exceed three (3) square feet in area, which shall be mounted flat against a wall or door     or hung from a mailbox or lamp post. No such sign may be illuminated in a residential district.

    d)  Church or Public Bulletin Boards, Nursing Homes and Rest Homes. These signs shall not exceed forty (40) square feet in area. Such signs shall not be illuminated intermittently.

    e)  Temporary Lease, Sale, or Rent. One (1) temporary real estate sign not exceeding four (4) square feet in area in residential districts and thirty-two (32) square feet in area in non-residential districts may be placed      on a property that is for sale, lease, rent, or barter. When the property fronts on more than one (1) street, one (1) sign shall be allowed on each street frontage.

    f)  Construction. During the construction, repair, or alteration of a structure, temporary signs which denote builder, or other participants in the project, or its occupants to be, may be placed within the required yard           setbacks as ground or wall signs. The total area of such signs shall not exceed fifty (50) square  feet.

    g)  Integral. These may be cut into any masonry surface, or when constructed of metal, affixed flat against the structure.

    h)  Local Interest Such. Such signs are to be taken down within three (3) days after the scheduled event.

    i)  Political Campaign. Such signs are to be taken down within three (3) days after the elections. It shall be the responsibility of the local political party chairperson to ensure that signs are removed.

  3. Signs Permitted. Signs are permitted in all business and industrial districts subject to the following restrictions:

    a)    Wall signs placed parallel to the exterior walls of buildings shall not extend more than six (6) inches beyond a building's wall surface, shall not occupy more than twenty-five (25) percent of solid wall space, shall        not exceed 500 square feet in area for any business, and shall not extend beyond the top of the building on which it is located.

    b)    Projecting signs shall not project more than thirty-six (36) inches from the wall. If a sign is suspended from a canopy or brace, the bottom of the sign must be at least ten (10) feet above the sidewalk level or at          least fifteen (15) feet above a driveway or an alley.

    c)    Projecting signs shall not exceed 100 square feet in area for any business; shall not extend more than six (6) feet into any required yard; shall not extend more than three (3) feet into any public right-of-way; and        shall not exceed a height of  twenty (20) feet above the mean center line street grade.

    d)    Window signs shall be placed only on the inside of commercial buildings.

    e)    Combinations of any of the above signs shall meet the more stringent requirements for the individual sign.

    f)    Illuminated freestanding on-premises signs shall have a total surface area in square feet per establishment the lesser of one and one-half (I 1/2) times the lot frontage in feet [applies in all three (3) business               districts and both industrial districts] or 100 square feet in the business districts or 160 square feet in the industrial districts. No intermittent lighting effects may be utilized. Sign heights shall not exceed fifty (50)       feet in business districts or 100 feet in industrial districts.

    g)    Non-illuminated freestanding on-premises signs shall have a total surface area in square feet per establishment the lesser of two (2) times the street frontage of the lot in feet [applies in all three (3) business              districts and both industrial districts] or 150 square feet in the business districts or 180 square feet in the industrial districts. Sign heights shall not exceed fifty (50) feet.

    h)    Self-contained illuminated and non-illuminated freestanding off-premises signs shall have a total surface area in square feet per establishment not to exceed the lesser of one and         

AN ORDINANCE AMENDING THE ZONING ORDINANCE, SECTION 3, # 6
PERMITTING INTERMITTENT ILLUMINATION SIGNS
BOARD OF COMMISSIONERS OF THE TOWN OF DENTON

The Board of Commissioners of the Town of Denton finds that the public welfare will not be harmed by permitting the use of intermittent illumination signs for advertising, and the Board further finds that such signs are in widespread use throughout North Carolina and are deemed to be beneficial to commerce.


NOW THEREFORE, Be It Ordained by the Board of Commissioners as follows:

6. Illumination. of the Zoning Ordinance is hereby amended by the removal from said paragraph of the first sentence so that the amended paragraph shall read as follows:

6. Illumination. Illumination devices such as, but not limited to, digital LED, flood, or spot lights, shall be so placed and so shielded as to prevent the rays of illumination being cast upon neighboring buildings and/or           vehicles approaching from either direction.

This Ordinance shall be in full force and effect after its passage.

The foregoing Ordinance was approved by a vote of 5-0.

This 6th day of February, 2012.


three-fourths (1 3/4) times the street frontage of the lot in feet [applies in all three (3) business districts and both industrial districts] or 125 square feet in the business districts or 170 square feet in the industrial districts. Sign heights shall not exceed fifty (50) feet in business districts or 100 feet in industrial districts.


4. Traffic Safety. Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct nor interfere with the effectiveness of railroad or traffic signs, signals, or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape; and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as obstruct or interfere with traffic visibility.

5. Non-conforming Signs. Non-conforming signs shall be allowed to remain. Under the following conditions, non-conforming shall comply with the regulations of this Ordinance.

a) Any alterations of a non-conforming sign shall make that sign conform to the regulations of this Ordinance.

b) Any non-conforming signs on a building which is vacant for a period of sixty (60) days shall be altered to conform to the regulations of this Ordinance.

c) Any non-conforming sign damaged over fifty (50) percent of its assessed value by any means, either shall be removed or repaired in a manner to conform to the regulations of this Ordinance. This does not include signs      that have deteriorated over an extended period of time, and although the cost of repairing these signs may exceed fifty (50) percent of their assessed value, they may be repaired without conforming to the requirements of    this ordinance.

d) Non-conforming signs, when removed for other than normal maintenance, may not be erected again, nor may such signs be replaced with other non-conforming signs.

6. Illumination. Except for the time or temperature units, no flashing or intermittent illumination shall be permitted on any permanent sign or structure.  Illumination devices such as, but not limited to, flood or spot lights, shall be so placed and so shielded as to prevent the rays of illumination being cast upon neighboring buildings and/or vehicles approaching from either direction.

7. Maintenance. All signs, together with all their supports and braces, shall be kept in good repair and in neat and clean condition. No sign shall be continued which becomes, in the opinion of the Zoning Enforcement Officer, structurally unsafe and endangers the safety of the public or property. The  Zoning Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provision of this section. Such removal shall be at the expense of the owner or lessee and shall occur within ten (10) days after written notification has been issued. If such order is not heeded within thirty (30) days, the Zoning Enforcement Officer shall remove the sign at the expense of the owner or lessee.

8. Fees. No permit shall be issued until the exact dimensions and area of the sign have been filed with the Zoning Enforcement Officer and the appropriate fees paid.

9. Prohibitions. No signs shall be posted on utility poles. 

10. Civic Clubs. Local signs advertising civic clubs are allowed in all districts.

11. Sign Area Computation for Multiple Signs. The square footage of multiple signs on a single pole shall be the sum of the individual signs plus that of the area between them; the total square footage shall not exceed that                permitted any one (1) separate sign.

12. Manufactured Home Park Signs. One (1) manufactured home park sign is permitted per major entrance to a manufactured home park. The area of each sign shall not exceed one-half (1/2) square foot per manufactured home       space or fifty (50) square feet, whichever is less. Signs shall be set back at least ten (10) feet from the front property line. Illumination is restricted to indirect white lighting.

13. Vacant Buildings. It shall be the owner's responsibility to remove any on or off-premises signs within thirty (30) days after departure when vacating a building. Upon noting that the thirty (30) day period has expired, the Zoning       Enforcement Officer may remove said sign(s) at the prior owner's expense.

Section 25. Bufferyard Requirements

(A) General Purpose

The bufferyard is a precisely defined yard together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this Ordinance are designed to lessen incompatibilities between adjacent land uses or screen a use from a public road. It is intended that bufferyards will separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. The planting units required have been calculated to insure that they do, in fact, function as "buffers." It shall be the responsibility of the party initiating the zoning change to provide for the bufferyard.

(B) General Provisions

1. Initial determination. An initial determination of the proposed use and adjacent uses shall be made using the following:

a)   Single-Family Residential is equivalent to R-A, R-20, and R-15 districts.

b)   Multi-Family Residential is equivalent to the R-8A district.

c)   High Intensity Commercial is equivalent to the B-1 district.

d)   Light Intensity Commercial is equivalent to the B-2 and B-3 districts.

e)   Industrial is equivalent to L-1 and H-1 districts*.

* These specific uses shall be classified as industrial zoning types for bufferyard purposes only:

1)   Banking and financial services, with drive-through facilities
2)   Car Wash
3)   Convenience store with gasoline sales
4)   Implement sales and services
5)   Kennels
6)   Outdoor display retail
7)   Motor vehicle repair and maintenance
8)   Motor vehicle storage yard
9)   Outdoor display retail
10)   Recreational vehicle park
11)   Recreation services, outdoor
12)   Restaurants (with drive-through service), and
13)   Storage and salvage yard

2. Determine the Bufferyard (Type 1, 11, 111, or IV). Determine the required bufferyard for each adjacent zoning type of project (impending use) from the following:

a)   Type I Bufferyard. A type I bufferyard is a low density screen designed to partially block visual contact and create spatial separation between adjacent uses.

b)   Type 11 Bufferyard. A type 11 bufferyard is a medium density screen designed to partially block visual contact and create spatial separation between adjacent uses.

c)   Type III Bufferyard. A type III bufferyard is a high density screen designed to eliminate visual contact and create spatial separation between adjacent uses.

d)   Type IV Bufferyard. A type IV bufferyard is a higher density screen designed to eliminate visual contact and create spatial separation between adjacent uses.

 

Bufferyard Requirements

 • No bufferyard requirement
+ Type I bufferyard required if no bufferyard is provided on developed adjacent property designated as HIC or IND zoned types provided on developed adjacent property designated as high intensity commercial (HIC) or industrial (IND) zoning types.

Bufferyard Selection. Select the desired bufferyard option for the required bufferyard type from those described below.

a) Type I Bufferyard. There are four (4) design options that may be used to Satisfy this requirement.

Type I Bufferyard Design Options

Minimum Bufferyard Width    Minimum plant Material/100 Linear Feet
10 feet
2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs
20 feet 2 deciduous trees; 8 primary evergreen plants
30 feet 2 deciduous trees; 5 primary evergreen plants
50 feet 2 deciduous trees; 3 primary evergreen plants

                                                                     

b) Type II Bufferyard. There are four (4) design options that may be used to Satisfy this requirement.

Type II Bufferyard Design Options

Minimum Bufferyard Width  Minimum Plant Material/100 Linear Feet
 15 feet  2 deciduous trees; 8 primary evergreen plants;
20 supplemental evergreen shrubs
 20 feet  2 deciduous trees; 8 primary evergreen plants;
10 supplemental evergreen shrubs
 30 feet  2 deciduous trees; 8 primary evergreen plants
 100 feet  12 deciduous trees; 4 primary evergreen plants

 

c) Type III Bufferyard. There are five (5) design options that may be used to satisfy this requirement.


Type III Bufferyard Design Options

Minimum Bufferyard Width Minimum Plant Material/100 Linear Feet
15 feet 2 deciduous trees; 18 primary evergreen plants;
20 supplemental evergreen shrubs
20 feet 2 deciduous trees; 18 primary evergreen plants
30 feet 3 deciduous trees; 13 primary evergreen plants
40 feet 3 deciduous trees; 10 primary evergreen plants
50 feet 3 deciduous trees; 5 primary evergreen plants

 

d) Type IV Bufferyard. There are four (4) design options that may be used to satisfy this requirement.

Type IV Bufferyard Design Options

Minimum Bufferyard Width Minimum Plant Material/100 Linear Feet
 15 feet  2 deciduous trees; 18 primary evergreen plants;
20 supplemental evergreen shrubs
 30 feet  2 deciduous trees; 18 primary evergreen plants;
10 supplemental evergreen shrubs
 40 feet  3 deciduous trees; 18 primary evergreen plants
 50 feet  3 deciduous trees; 14 primary evergreen plants
 100 feet  3 deciduous trees; 10 primary evergreen plants
 200 feet  3 deciduous trees; 5 primary evergreen plants



(C) Additional Requirements

1. Fractional Calculations. Fractional planting requirement calculations Shall be rounded to the next higher whole number.

2. Existing Plant Material. Existing plant material within the required Bufferyard may be included in the computation of the required plantings with approval of the Zoning Enforcement Officer.

3. Fence or Wall Option. An opaque fence or wall may be used in lieu of not more than fifty (50) percent of the required evergreen bufferyard planting with the approval of the Zoning Enforcement Officer and providing the following conditions are met, where applicable:

a)   Fence Height for Industrial Zoning. The minimum required fence height shall be eight (8) feet above ground level when the proposed project zoning type is classified as an industrial zoning type.

b)   Fence Height for Zoning Types Except Industrial. The minimum required fence height shall be six (6) feet above ground level when the proposed project zoning type is classified as any zoning type except those           classified as industrial.

c)   Vegetation Planted on Exterior Sides. Where a fence or wall is used as part of the required screening, all required vegetation shall be planted on the exterior side of the fence or wall.

d)   Screening Multi-family Residential Zoning Type. Where the fence option is used to screen multifamily residential zoning types from more intense zoning types, the required vegetation may be planted on the interior       side of the fence or wall.

e)  Remaining Vegetation Distribution. Where a fence is used in lieu of not more than fifty (50) percent of the required vegetation, the remaining percentage of vegetation to be used in conjunction with the fence or wall        shall be evenly distributed in the bufferyard.

4. Bufferyard Locations. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line, with the following exceptions.

a) On adjacent property. All or part of the bufferyard may be located on adjacent property within a permanent easement dedicated for such purpose with approval of the Zoning Enforcement Officer.

b) Portion of site proposed for development. If only a portion of  a site is proposed for development, the required bufferyard may be located at the limit of the construction perimeter with approval of the Zoning Enforcement       Officer.

c) Topographic irregularities. Where topographic irregularities require a different location to meet the intent of this section, the location of the bufferyard may be varied with approval of the Zoning Enforcement Officer.

d) Rights-of-way and streets. Bufferyards shall not be located on any portion of an existing, dedicated, or proposed right-of-way, or a private street.

4. Size of Plant Material

a)   Deciduous trees in bufferyards thirty (30) feet in width or less may be either medium or large varieties, as described in the appendix, provided, however, at least one-half of the required trees shall be large variety.                 Deciduous trees in bufferyards of greater than thirty (30) feet in width shall be large variety trees. Suggested plant materials are listed in the office of the Zoning Enforcement Officer.

b)   All deciduous trees used for bufferyard screening must be a minimum of eight (8) feet in height at installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level.

c)   All primary evergreen plants shall be a minimum of six (6) feet in height at time of installation unless combined with an approved earthen berm, and shall be not less than ten (10) feet in height at maturity.

d)   All supplemental evergreen shrubs shall be a minimum of eighteen (18) inches in height at installation, and shall attain a minimum height of thirty-six (36) inches three (3) years after installation.

6. Spacing of Plant Material

a)   All deciduous trees shall be installed with tree trunks spaced a minimum distance of thirty (30) feet apart and a maximum distance of sixty (60) feet apart.

b)   All primary evergreen plants shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit. Primary evergreen plants shall be installed with tree trunks spaced a minimum of       seven (7) feet apart and a maximum of fifteen (15) feet from other primary evergreen plants and from any required deciduous tree.

c)   All supplemental evergreen shrubs shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit.

Section 26. Manufactured Homes on Individual Lots

(A)   Limitations

Any existing Class C units shall be upgraded to a Class A or B unit within 180 days after passage of this Ordinance. Any existing Class D unit shall become nonconforming; and any such unit, moved for any reason whatsoever, shall be replaced by only a Class A or B unit.

(B)   Exclusions

Class D units presently located within the Town of Denton's zoning jurisdiction may NOT be moved within said jurisdiction and shall NOT be eligible for an applicable building permit. Class D units may NOT be brought into the Town's zoning jurisdiction from anywhere in Davidson County or beyond.

Section 27. Manufactured Homes Within Manufactured Home Parks

Any existing Class D manufactured homes may only be replaced by a Class B manufactured home. Any existing Class C manufactured homes have ninety (90) days after the passage of this Ordinance to meet the definition of a Class B unit. Existing manufactured home parks shall not be permitted to expand.

ARTICLE VI
DISTRICT REGULATIONS


The purpose of this article is to list and describe the zoning districts herein adopted. A person seeking to rezone a tract of land may either choose to petition for general use or conditional use district rezoning. General use rezoning would allow the petitioner to pursue any of the listed permitted uses for that district. Conditional use district rezoning would allow the petitioner to pursue anyone of the listed permitted uses for that district.

For the purposes of this Ordinance, the Town of Denton and its one (1) mile extraterritorial jurisdiction are hereby divided into the following use districts:

 

R-A    Residential Agriculture District-Low Density
R-A (CU) Residential Agriculture District (Conditional Use)
R-20  Residential District-Single-Family
R-20 (CU) Residential District-Single Family (Conditional Use)
R-15 Residential District-Medium Density
R-15 (CU) Residential District-Medium Density (Conditional Use)
R-8A Residential District-High Density
R-8A (CU)          Residential District-High Density (Conditional Use)
B-1 Central Business District
B-1 (CU) Central Business District (Conditional Use)
B-2 Highway Business District
B-2 (CU) Highway Business District (Conditional Use)
B-3 Neighborhood Business District
B-3 (CU) Neighborhood Business District (Conditional Use)
L-I Light Industrial District
L-I (CU) Light Industrial District (Conditional Use)
H-I Heavy Industrial District
H-I (CU) Heavy Industrial District (Conditional Use)
SE (F) Special Entertainment District (Floating)

                       
Section 1. District Boundaries Shown on Zoning Map

The boundaries of the districts are shown on the map accompanying this Ordinance and made a part hereof and entitled "Official Zoning Map, Denton, North Carolina." The zoning map and all the notations, references and amendments thereto, and other information shown thereon are hereby made a part of this Ordinance the same as if such information set forth on the map were all fully described as set out herein. The zoning map properly attested is posted at the Denton Town Hall and is available for  inspection by the public.

Section 2. Due Consideration Given to District Boundaries

Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

  • Where such district boundaries are indicated as approximately following street, alley, or highway lines, such lines shall be construed to be such boundaries.

  • Where district boundaries are so indicated that they approximately follow lotlines, such lot lines shall be construed to be said boundaries.

  • Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, alleys, or highways, or the rights-of- way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map.

  • Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof, provided such extensions shall not include any part of a lot or tract more than thirty-five (35) feet beyond the district boundary line. The term "least restricted" refers to use restrictions, not lot or tract size.

Section 3. Conditional Use (CU) Districts

If the regulations of a zoning district permitting a proposed use are inadequate to ensure the compatibility of the proposed development with the immediately surrounding neighborhood in accordance with the principles of this Ordinance and applicable adopted plans, the property owner may apply for rezoning to a Conditional Use District bearing the same designation as a standard zoning district but subject to additional conditions. The owner shall in such application specify the nature of the proposed development and shall propose conditions to ensure compatibility between the development and the surrounding neighborhood.

Section 4. R-A and R-A (CU) Residential Agriculture District-Low Density

This district is established for manufactured home parks, low density single-family residential uses, and agricultural uses with some limited public, semi-public, and recreational uses permitted when they are compatible to low density residential development. These regulations of this district are intended to insure that development not having access to public water supplies and dependent upon septic tanks will occur at sufficiently low densities to maintain a healthful environment.

Section 5. R-20 and R-20 (CU) Residential District-Single Family

This district is established for low density single-family residential uses. These regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of single-family residences and which would be detrimental to the desired quiet and peaceful nature of these areas.

Section 6. R-15 and R-15 (CU) Residential District-Medium Density

This district is established for low to medium density single-family, residential uses. These regulations are intended to discourage any use which, because of its character, would interfere with the residential nature desired. It is expected that municipal water and sewerage facilities will be available to each lot in such district.

Section 7. R-8A and R-8A (CU) Residential District-High Density

This district is established for high density single-family and multi-family residential uses. These regulations are intended to prohibit any use which, because of its character, would interfere with the residential nature of the district. It is expected that municipal water and sewerage facilities will be available to each lot in such district.

Section 8. B-1 and B-1 (CU)-Central Business District

This district, which encompasses the primary fire district, is established to accommodate a concentrated development of permitted facilities within the central portion of the Town of Denton. It is the intend that this district shall develop and be maintained as a tightly-knit area of commercial and governmental activities. This district lies predominantly within the primary fire district.

Section 9. B-2 and B-2 (CU)-Highway Business District

This district is established along some of the major thoroughfares and collector streets of the Town of Denton. It is intended to provide offices, personal services, and retailing of durable and convenience goods for the community. Because these commercial uses are subject to public view, they should have an appropriate appearance, ample parking, controlled traffic movement, and suitable landscaping.

Section 10. B-3 and B-3 (CU)-Neighborhood Business District

This district is intended for those downtown businesses outside the primary fire district.

Section 11. L-1 and L-1 (CU)-Light Industrial District

This district is established for light industrial and related uses which can be operated in a relatively clean and quiet manner and which are not obnoxious to adjacent residential or business districts  establishments.

Section 12. H-I and H-I (C-U) Heavy Industrial District

This district is established for heavy industrial and related uses which can by their nature, create some nuisance and we not properly associated with residential, institutional, commercial and/or service establishments. These uses normally seek outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties.

Section 13. Special Entertainment District (Floating)

The intent of establishing the provisions of this district is to ensure that sexually oriented businesses will be appropriately located within the Town's jurisdiction to prevent unwanted and unacceptable adverse impacts upon surrounding properties. This new zoning designation shall only be applied to portions of the Light Industrial (L-1) District after obtaining a rezoning from the Board of Commissioners.

Section 14. Residential Use in Non-Residential Zones

Should a property owner choose to build a residence in any Business or Industrial District, he or she must observe the minimum Residential Dimensional Requirements for R-8A districts.

 

PROPOSED CHANGES TO THE
DENTON ZONING ORDINANCE
HIGHWAY OVERLAY DISTRICT

Amend Article VI, District Regulations to Add:

HOD- Highway Overlay District (Floating)

Amend Article VI, District Regulation, by adding Section 15. Highway Overlay District

This overlay district is established to help control the non-residential uses on the major highway corridors for the general welfare of the entire Town of Denton. The HOD can be established on any of the business corridors that enter, exit, or traverse the community.

Amend Article VII, Development Standards for Specific Uses

Amend by adding new Section 19. Development Standards for Highway Overlay District

The front of all non-residential structures that are built or rebuilt in the Highway Overlay District must be constructed with brick, decorative block, stone, stucco, finished woods, lap non-metal siding, glass or a combination of the same. The structure front can not be metal or plain block.

The Planning Board recommends that the Highway Overlay District be placed on all of the lots that front both sides of Highway 109, on all of the lots that front both sides of North Main Street and South Main Street, on all lots that front both sides of Peacock Avenue, on all lots that front both sides of Salisbury Street from Highway 109 to South Snider Street and on all lots that front on both sides of East First Street from Highway 109 to North Main Street.


*** The public hearing was held March 16th, 2009 7:30 P.M.

Commissioner Hogan made a motion to approve the zoning text amendment, passed 4-0.

Commissioner Morris made a motion to approve the overlay district, passed 4-0.

ARTICLE VII
DEVELOPMENT STANDARDS FOR SPECIFIC USES

The development standards listed herein are in addition to the requirements listed elsewhere in this Ordinance. The special development standards listed herein are use specific applying only to the uses designated with a "SD" or "CD" in the Table of Uses by District. In all other respects, the "SD" or "CD" designation merely adds specific requirements to a Special Use or a Conditional Use permit. The Zoning Enforcement Officer is required to verify the development standards not requiring a special or a conditional use permit.

Section 1. Adult Entertainment

(A)   No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment. All measurements shall be made by drawing a straight line from the nearest point of the lot line where          the proposed adult entertainment establishment will be located to the nearest point of the lot line or boundary of the closest similar establishment.

(B)   No establishment shall be located within 1,000 feet of any portion of a residentially zoned lot. All measurements shall be made by drawing a straight line from the nearest point of the lot line where the proposed adult                    entertainment  establishment will be located to the nearest lot line or boundary of a residentially-zoned lot.

(C)   No establishment shall be located within 1,000 feet of any lot upon which a school, child day care center, or church is located. All measurements shall be made by drawing a straight line from the nearest point of the lot line          where the proposed adult entertainment establishment will be located to the nearest lot line or boundary of a lot upon which a school or church is located.

(D)   Exemptions for new or existing development new or existing industrial development shall be exempt from the provisions of this Section.

Section 2. Animal Hospitals

(A)   Minimum Lot Size - A minimum one (1) acre tract along with a street frontage of not less than 300 feet.

(B)   Proximity to Residential Lot - No animal storage portion of the hospital shall be closer than 100 feet as measured from any point on any property line.

(C)   Incineration - There shall be no incineration of animal carcasses.

Section 3. Auto Repair, Storage, and Body Shops and Associated Work

(A)   Work Site - All associated work shall be performed inside a building.

(B)   Storage Aspects - All parking or storage of vehicles or implements shall be provided off the public right-of-way and at least fifteen (15) feet to the rear of the front property line.

Section 4. Auto Wrecking Yards, etc.

(A)   Work Site - All such work shall be conducted within a building or on a lot enclosed by a solid fence at least six (6) feet in height.

(B)   Fencing - The fence shall not be less than fifty (50) feet from any street right-of-way line.

Section 5. Bed and Breakfast Homes

(A)   Residential Operators - The facility must be operated by someone who resides full time in the residence.

(B)   Structure - The use shall be located in a structure which was originally constructed as a dwelling. A maximum of six (6) guest rooms is allowed.

(C)   Food - Meals served on the premise shall only be for guests. Meals shall generally be limited to breakfasts and afternoon teas.

(D)   Public Health Rules - All facilities shall comply with the rules governing the Sanitation of Bed and Breakfasts as specified in 15A NCAC 18A.2200.

(E)   Signs - Signage shall be limited to one home occupation sign not to exceed three (3) square feet in area, which shall be mounted or freestanding.

(F)   Guests - All guests shall be limited to a maximum stay of fourteen (14) days.

(G)   Parking - Parking for guests shall be provided in the rear.

Section 6. Customary Accessory Buildings and Uses

(A)   Uses - Accessory building shall not be used for residential purposes.

(B)   Where Sited - They shall be located in a rear yard not less than ten (10) feet from any property line except that in the case of corner lots, such buildings shall be set back at least eighteen (18) feet from the side lot line                 adjacent to the street.

(C)   Such uses shall cover not more than thirty (30) percent of the rear yard nor more than 300 square feet, whichever is less.

Section 7. Game Rooms

(A)   Hours of Operation - Hours of operation shall not exceed the period between 8:00 a.m. to 11:00 p.m., Monday - Thursday; 8:00 a.m. to 12:00 p.m., Friday and Saturday; and 1:00 p.m. to 11:00 p.m., Sunday.

(B)   View Accessibility - Plate glass front windows should afford a view of the interior, which cannot be obstructed by petitions, curtains or other means.

(C)   Management - The manager must be a mature adult eighteen (18) or older. No loud music or noise, and no drinking or gambling shall be allowed.

Section 8. Kindergartens and Day Nurseries

(A)   Not less than seventy-five (75) square feet of outdoors and twenty-five (25) square feet in indoors play area shall be provided for each child.

(B)   The aggregate play space shall be surrounded by a sturdy non-climbable fence.

Section 9. Manufactured Homes on Occupied Lots

(A)   For Family Members

1. One (1) such unit may be used to house a member or members of the immediate family.

2. A Letter of Intent attesting to that fact shall be filed and approved by the Denton Planning Board.

3. The Letter of Intent is valid for a period not be exceed one (1) year; however, it shall be renewed annually and in person by the Zoning Enforcement Officer by May 1.

(B) For Farm Workers

1. Up to three (3) manufactured homes maybe sited on an otherwise residentially occupied tract of land if such units are for farm workers.

2. A Letter of Intent attesting to that fact shall be filed with and approved by the Denton Planning Board.

3. The Letter of Intent is valid for a period not to exceed one (1) year; however, it shall be renewed annually and in person by the Zoning Enforcement Officer by May 1.

Section 10. Manufactured Home Parks

(A)   Manufactured Home Park Specifications

1. The lot area for a manufactured horne park shall be at least five (5) acres. All areas to be included in the park shall be clearly shown on site plans as required by this Ordinance.

2. There must be at least twelve (12) manufactured horne spaces available for occupancy prior to the issuance of an occupancy permit by the Zoning Enforcement Officer. 

3. Each manufactured home in a home park shall occupy at minimum an 8,000 square foot space with an overall density not to exceed nineteen (19) manufactured homes per five (5) acre tract.

4. A permanent masonry foundation shall not be required; however, vinyl underpinning shall be installed within thirty (30) days after siting within a park or ninety (90) days for existing units lacking this underpinning.

5. All manufactured home park streets shall be paved to state standards to a width of at least sixteen (16) feet. These requirements are applicable only to new and/or expanding parks after the effective date of this                   Ordinance. Dead end streets are prohibited.

6. An identification sign [see Section 25(B)12)] shall be required.

7. Two (2) off-street parking spaces shall be provided for each manufactured home space. Required parking spaces shall be included within the minimum square footage required for each manufactured home space. The           driveway and parking  spaces shall be paved.

8. Each manufactured home shall be properly tied down in accordance with the provisions of the State of North Carolina Regulations for Manufactured/Mobile Homes, 1989.

9. No manufactured home or its ancillary structure shall be closer than twenty (20) feet to another manufactured home or its ancillary structures.

10. Each park shall be supplied with public or community water and sewer.

11. All manufactured homes shall be set back at least twenty (20) feet from side and rear lots lines of the manufactured home space and at least thirty (30) feet from the front property line of the manufactured home space        park.

12. An administrative fee, used to cover administrative costs, shall be paid to the Zoning Enforcement Officer prior to site plans being reviewed by the Planning Board. A survey plat of the park shall be prepared by a                registered surveyor and shall be drawn to scale on a map no larger than 24" x 36". Such plans must show the area to be used for the proposed manufactured home park; the ownership and use of neighboring properties;        the proposed common entrance and exit, driveways, walkways, and off-street parking spaces; the location of manufactured home spaces, recreation areas (if any) and service buildings; the location of sanitary                      conveniences including laundries, and refuse receptacles; and the proposed plan of water supply, sewage disposal and electric lighting.

13. All garbage and refuse shall be stored in suitable trash bins and covered with tight fitting covers. It shall be the park owner's responsibility to ensure service is made available to centrally located trash bins for the park.

14. For Emergency 911 purposes, each unit or space shall be appropriately numbered for ease of identification.

15. Proper animal control shall be the responsibility of each pet owner.

16. It shall be the park owner's responsibility to ensure that abandoned automobiles (defined as those having an expired license plate or no plate at all), discarded household appliances, and furnishings shall not be permitted       to remain within the confines of the individual manufactured home space or that of any common area of the manufactured home park.

17. All manufactured homes abutting a state or Town maintained road shall be oriented to insure that the longest side is parallel-or as close as possible-to the front lot line.

18. Any expansion of manufactured home parks in existence on the effective date of this Ordinance shall obligate such an area to comply with all the provisions of this Section. The physical expansion shall be                          accomplished in such a manner that the existing acreage plus the additional acreage shall at minimum equal five (5) acres.

19. No manufactured home within a park shall have direct access to any road other than the interior road(s) serving the park.

20. Any manufactured home park being built or expanding so as to come within 400 feet of a commercial, industrial, or residential districts [as depicted in Subsection (D) below] shall be provided with screening in                      accordance with the same.

21. Provisions shall be made by the park owner for adequate lighting at appropriate intervals.

22. There shall be established a clearly defined buffer around the park of at least twenty (20) feet along the rear lot line and the two (2) side lot lines and forty (40) feet along the public road providing access to the park               entrance. This buffer area may be used for the screening or fencing required above.

23. Presently sited nonconforming Class C manufactured homes on park spaces may continue. Any such unit that is destroyed, partially destroyed, or moved for any reason whatsoever shall be replaced by a Class A or B         unit, excluding the requirement for a permanent masonry foundation.

24. Only Class A or B units, excluding the requirements for a permanent masonry foundation, shall be permitted within new parks and/or expansions to existing parks.

(B) Within sixty (60) days after moving to a manufactured home park, vinyl skirting shall be required on all manufactured homes. Should circumstances warrant, a thirty (30) day extension may be obtained from the Zoning                 Enforcement Officer. Within 180 days after passage of this Ordinance, all units existing prior to adoption shall meet the vinyl skirting requirements.

(C) It shall be the duty of each manufactured home park operator to keep a register containing a record of all mobile home owners and occupants located within the park as follows:

1. the names of each manufactured home occupant;

2. the names and addresses of the owner of each manufactured home;

3. the make, model, year, and license number of each manufactured home and motor vehicle;

4. the state, territory, or county issuing the manufactured home licenses; and

5. the date of arrival and of departure of each manufactured home.

(D) Buffers and Screens at Perimeter of Park

1. Intent. To help minimize any incompatibilities between a manufactured home park and the surrounding community, buffering and screening requirements will vary according to the adjacent land use. The greater the potential is for incompatibility, the more extensive the screening and buffering requirements shall become. (See definitions of buffers and screens ln Article 2 Definitions.) The provisions of this section shall apply to any park site within 400 feet of an incompatible use. It shall be the responsibility of the manufactured home park owner to establish and maintain any required buffer and screening.

2. Determination of Buffer and Screen Requirements.

a) Buffer and screening requirements are based on adjacent land uses. To simplify the process of assigning buffer and screening standards to particular land uses, the adjacent land uses have been grouped in the following       manner.

1) Agriculture (AG). This group includes all bona fide farm operations.

2) Single-Family Residential (SFR). This group includes single-family and two (2) family (duplex) residential development.

3) Multi-Family Residential (MFR). This group includes all multi-family residential uses (condominiums, townhouses, apartments, or another manufactured home park, etc.).

4) Light Commercial (LC). This group includes all commercial uses which do not have outside activities associated with the use, generate low trip rates, or have the potential for nuisances to adjacent properties due to noise, light and glare or hours of operation.

5) Heavy Commercial (HC). This group includes all commercial uses which do have outside activities associated with the use, have high trip generation rates, or have the potential for nuisances to adjacent properties       due to noise, light and glare or hours of operation.

6) Industrial (I). This group includes all industrial uses and other uses which require outdoor storage, have high trip generation rates, or have the potential for nuisance to adjacent properties due to noise, light and glare       or typical hours of operation. The following list of specific uses identified shall have the same buffers and screens as are required for industrial uses:

a. banking and financial services with drive-thru facilities;
b. car washes;
c. convenience stores;
d. implement sales and services;
e. kennels;
f. outdoor displays, retail;
g. motor vehicle repair and maintenance;
h. motor vehicle storage yards;
i. recreational vehicle parks;
j. recreational services, outdoor;
k. restauants; and
l. salvage and storage yards

 

b) The following tables list the specifications for required widths of buffer areas and for screens:

Buffer Areas

 

1            10 feet
2 20 feet
3 40 feet
4 60 feet

 

Screens
(Mlnimum Plant Material per 100 Linear Feet)

 

A                2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs                    
B 3 deciduous trees; 10 primary evergreen plants;
12 supplemental evergreen shrubs
C 4 deciduous trees; 12 primary evergreen plants;
16 supplemental evergreen shrubs
D 5 deciduous trees; 14 primary evergreen plants;
20 supplemental evergreen shrubs

 

c) To determine the type of buffer and screen needed, identify the "use group" listed in "1)" above, of all adjacent properties, excluding properties located across a public right-of-way. Then use the tables in "2)" to identify the     buffer and screen type required. The number refers to the buffer required and the letter to the screen required

.Land Uses Adjoining Manufactured Home Park

 

Adjoining Land Use                       Type of Screen and Buffer
Agricultural 1A
Single-family Residential 3D
Light Commercial 3B
Heavy Commercial 3C
Industrial 4D
Multi-family Residential 3B

 

3.   Buffer Location. Buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line, with the following exceptions.

a)   Portion of Site Proposed for Development. If only a portion of a site is proposed for development, the required buffer and/or screen may be located at the limit of the construction perimeter with approval of the Building           Inspector;

b)  Topographic Irregularities. Where topographic irregularities require a different location to meet the intent of this Section, the location of the buffers and screens may be varied with approval of the Building Inspector; and

c)   Rights-of-Way and Roads. Buffers and/or screens shall not be located on any portion of an existing, dedicated or proposed right-of-way or a private road.

4. Size of Plant Material.

a)   Deciduous trees planted in buffers thirty (30) feet in width or less may be either medium or large varieties, however, at least one-half (1/2) of the required trees shall be the large variety. Deciduous trees in buffers of               greater than thirty (30) feet in width shall be the large variety trees.

b)   AR deciduous trees used for screening must be a minimum of eight (8) feet in height at installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level.

c)   All primary evergreen plants shall be a minimum of six (6) feet in height at the time of planting unless combined with an approved earthen berm and shall be not less than ten (10) feet in height at maturity.

d)   All supplemental evergreen shrubs shall be a minimum of eighteen (18) inches in height at installation and shall attain a minimum height of thirty-six (36) inches three (3) years after installation.

5. Spacing of Plant Material.

a) All deciduous trees shall be installed with tree trunks spaced a minimum distance of thirty (30) feet apart and a maximum distance of sixty (60) feet apart.

b) All primary evergreen plants shall be distributed evenly along the length of the buffer and shall be staggered where quantities permit. Primary evergreen plants shall be installed with tree trunks spaced a minimum of seven    (7) feet apart and a maximum of fifteen (15) feet from other primary evergreen plants and from any required  deciduous tree.

c) All supplemental evergreen shrubs shall be distributed evenly along the length of the buffer and shall be staggered where quantities permit.

6. Maintenance. Any fence, earthen berm or plant material used for screening shall be maintained in sound condition by the property owner. Maintenance includes replacement of any required screening materials which are               damaged and/or dying.

7. Multiple Use of Buffers.

a) Buffers may not be used to satisfy minimum setback and space requirements.

b) Buffers may be used for the installation of underground utilities, provided the location and use of the utility lines do not interfere with the required screen plantings.

c) Prohibited uses in a buffer shall include: playfields, stables, swimming pools, tennis courts or other similar active recreation uses and storage or parking facilities.

8. Modifications to Buffer and Screen Requirements. Minor modifications or changes of the approved design of the buffer area and screen that are not apparent to the eye must be approved by the Zoning Enforcement Officer.         Requests for major modifications that alter the original intent of the Planning Board shall be reheard and decided upon by that board. Requests for changes must exhibit at least one (1) of the following traits:

a)   Narrow. Unusually narrow sections of land are available for planting within the back and/or side yards because of existing permanent structures, existing paving or natural features such as rock outcroppings.

b)   Steep Slopes. Slopes in excess of 2:1 exist in locations where a buffer is required.

c)   Public Safety. Specialized land uses such as public utilities, airports, etc. exist where strict adherence to the screening standards would significantly interfere with the function of that use and would create a public               safety problem.

d)   Public Agency. Lot size reduction due to public action.

e)   Platting or Deeding. Difficulties have arisen from a plat or deed which was recorded prior to the adoption of this Ordinance.

Section 11. Multi-Family Dwellings

(A) Density - An 8,000 square foot lot shall be provided for the first dwelling unit; an additional 4,000 square feet of land shall be provided for the second and 3,000 square feet for each subsequent dwelling unit in the same                building. The overall density of development shall not exceed twelve (12) units per acre where public water and sewer is available. When public sewer is not available, the Davidson County Health Department may require a          lower density.

(B) Mean Lot Width - An eighty (80) foot minimum mean lot width is required for the first dwelling unit with an additional twenty (20) feet required for each unit on the ground floor in excess of one (1).

(C) Building Setback Lines - All principal buildings shall have a minimum front yard setback of forty (40) feet; side and rear yard setbacks shall be a minimum of thirty (30) feet.

(D) Control of Potential Nuisance Uses - Mechanical equipment rooms, air conditioning units or cooling towers, swimming pools, water filtration systems, children's play areas, and sporting facilities shall not be placed within fifty        (50) feet of adjacent land used or anticipated to be  used as single-family residential areas.

(E) Internal Relationships - Structures, uses, and facilities shall be grouped in a safe, efficient, convenient, and harmonious relationship in order to preserve desirable natural features and minimize disturbances of the natural              topography.

(F) Interior Circulation System - Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units. Specifically, streets should be laid out in a manner which does not encourage outside traffic        to traverse the development on minor streets.

(G) Vehicular Access to Public Roads - When possible, vehicular access to a public road from off-street parking or service areas shall be so combined, limited, located, designed, and controlled as to channel traffic from and to         such areas in a manner which minimizes the number of access points and promotes the free flow of traffic on streets without excessive interruption.

(H) Signs - Signage shall comply with the requirements specified in Article V, Section 24.

(I) Recreation Facilities - Family-oriented multi-family projects shall provide an open-space suitable for recreation based on the number of bedrooms as established in the following table: 

Number of Bedrooms
Per Apartment                          
Minimum Space/
Bedroom (Sq. Ft.)              
1-bedroom apartment
2-bedroom apartment 25
3-bedroom apartment 50
4-bedroom apartment 100

These recreational areas shall be reasonably located to assure safe and convenient access. These areas shall not be less than thirty (30) feet by thirty (30) feet in area. Projects which would provide less than 900 square feet based on the above formula shall be exempt from this requirement.

(J) Parking - Automobile parking spaces [a minimum of two (2) per unit] and drives shall not be located closer than ten (10) feet to the front, side, or rear of any building.

(K) Building Relationships - One (1) building wall that has both window and door openings shall be located no closer than fifty (50) feet to another building. One (1) building wall that has only window openings or only door openings      shall be located no closer than twenty-five (25) feet to another building.

(L) Courtyard - Any group of buildings forming a courtyard shall have at least twenty-five (25) percent of the perimeter of such courtyard open for access by emergency vehicles.

(M) Streets (Interior) - Streets shall either be public or private. However, all streets shall be paved and built to the minimum construction standards of the North Carolina Department of Transportation, Division of Highways.

Section 12. Nursing Care Institutions

(A) Lighting - No direct light shall be cast upon adjacent property.

(B) Operation-

1. A facility shall provide centrally located shared food preparation, service, and major dining areas.

2. Common recreation, social, and service facilities shall be provided. These facilities shall be solely for the use of residents and their guests.

3. Facilities for resident managers or custodians providing administrative services and traditional medical services for the exclusive use of the residents shall be located on the site.

(C)   Minimum Size - No such institution shall be located on a tract less than one (1) acre in size.

Section 13. Petroleum Products and Storage

The storage of gasoline for wholesale distribution or the siting of bulk terminal plants for any flammable gases or liquids shall be no closer than fifty (50) feet to any lot line. The storage thereof must comply with the Fire prevention Code.

Section 14. Places of Worship and Cemeteries

Places of worship and their customary related uses, including cemeteries, shall be set back at least twenty (20) feet from any property line.

Section 15. Public Safety Facilities

(A)   All vehicles and equipment shall be stored indoors.

(B)   All buildings shall be set back at least twenty (20) feet from all property lines.

(C)   The buildings shall be designed and landscaped in such a way as to blend in with the surrounding area.

Section 16. Subdivision Developments

Before a special use can be permitted, a developer must receive approval from the Town Board of Commissioners based on a recommendation from the Planning Board. Developmental standards shall follow criteria outlined in the Town of Denton's Subdivision Regulations.

Section 17. Service Stations

Each such station shall have a minimum lot area of 7,000 square feet with a frontage of not less than 100 feet. No portion of a service station building or equipment shall be nearer than twenty-five (25) feet to the front property line. All automobile or other mechanical repair or storage shall be performed or accomplished inside a structure.

Section 18. Utility Substations, Transformer Stations, Telephone Exchanges, and  Pump and Lift Stations

(A)   Setbacks - All structures shall meet the setback requirements for the district in which they are located.

(B)   Lighting - Lighting shall be located so as not to cast direct lighting on adjacent properties.

(C)   Dust - All non-paved storage areas shall be maintained in a manner to limit the amount of dust leaving the storage area.

(D)   Fencing - Security fencing shall be provided around any outside storage area.

(E)   Landscaping - Landscaping shall be in such a way as to blend in with the surrounding area.

ARTICLE VIII
OFF-STREET PARKING AND LOADING

Section 1. Off-Street Parking Requirements

There shall be provided at the time of the construction or enlargement, permanent off-street parking in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded open space. A parking space shall consist of an area at least eight (8) feet wide and at least twenty (20) feet deep. This  requirement shall not apply in the Central Business District.

(A)   Certification of Minimum Parking Requirements

Each application for a building permit or zoning permit submitted to the Zoning Enforcement Officer as provided for in this Ordinance shall include information as to the location and dimension of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether or not the requirements of this Article are met. In determining parking space requirements, all fractional requirements shall be rounded to the next higher whole number.

(B)   Combination of Required Parking Space

The required parking space for any number of separate uses may be combined in one (1) lot but the required space assigned to one (1) use may not be assigned to another use, except that one-half (1/2) of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays. Evidence of a -signed agreement specifying the days and times when facilities are available for sharing shall be presented to the Zoning Enforcement Officer.

(C)   Remote Parking Space

With the exception of (B) above, if the off-street parking space required by this Ordinance cannot be reasonably provided on the same lot on  which the principal use is located, such space may be provided on any land within 400 feet of the main entrance to such principal use. However, such land must be in the  same ownership as the principal use and a special use permit must be approved by the Board of Adjustment. Said land shall be used for no other purpose so long as no  other adequate provision for parking space meeting the requirements of this Ordinance has been made for the principal use.

(D)   Minimum Parking Requirements

1. Residential and Related Uses

a)   For convalescent homes, rest homes, and similar institutions, there shall be provided four (4) parking spaces per ten (10) occupants. 

b)   For a doctor's or dentist's office in a residence, there shall be provided three (3) parking spaces; in his own residence, three (3) parking spaces in addition to residence requirements.

c)   For a professional office (other than doctor or dentist) or for customary home occupation in operator's residence, there shall be provided one (1) parking space in addition to residence requirements.

d)   For any single-family residence, there shall be provided two (2) parking spaces per residence.

e)   For any duplex or multi-family units, there shall be provided two (2) parking spaces per residence on the same lot.

2. Public and Semi-public Uses

a)   For hospitals, there shall be provided one (1) parking space for each (2) beds intended for patient use, exclusive of bassinets.

b)   For clinics, there shall be provided three (3) parking spaces for each doctor plus one (1) parking space for each employee.

c)   For nursing homes, there shall be provided one (1) parking space for each five (5) beds intended for patient use plus one (1) parking space for each employee on the largest shift.

d)   For churches, there shall be provided one-third (1/3) of a parking space times the seating capacity.

e)   For elementary schools and junior high schools, there shall be provided one (1) parking space for each classroom and administrative office

f)   For senior high schools, there shall be provided five (5) parking spaces for each instruction room, or one parking space for each four (4) assembly seats, whichever is greater.

g)   For auditoriums or theaters, there shall be provided one-third (1/3) of a parking space times the seating capacity.

h)   For public or private clubs, there shall be provided  one (1) parking space for each 200 square feet of gross floor space (GFS).

i)   For public utility buildings, there shall one provided one (1) parking space for each employee.

j)   For kindergartens and nurseries, there shall be provided one (1) space for each employee and four (4) spaces for off-street drop-off and pick up.

3. Business Uses

a) For Bed and Breakfast Homes, motels, or motor courts, there shall be provided one (1) parking space for each room to be rented plus one (1) additional parking space for each employee on the largest shift.

b)   For doctors or dentists offices, there shall be provided one (1) parking space for each fifty (50) square feet of waiting room spaces plus one (1) space for each examining  room plus one (1) space for each employee       or doctor.

c)   For banks, there shall be provided one (1) parking space for each 200 square feet of GFS plus one (1) for each two (2) employees.

d)   For service stations, there shall be provided five (5) parking spaces for each grease rack and five (5) spaces for each wash rack.

e)   For theaters, there shall be provided one (1) parking space for each four (4) seats in the auditorium.

f)   For funeral homes, there shall be provided one (1) parking space for each four (4) seats in the chapel or parlor.

g)   For retail uses not otherwise indicated, there shall be provided one (1) parking space for each 200 square feet of GFS.

h)   For general or professional offices, there shall be provided one (1) parking space for each 200 square feet of GFS.

i)   For restaurants (including drive-thru's), there shall be provided one (1) space per three (3) seats plus one (1) space for each employee (applied to largest shift) plus a waiting lane equal to five (5) spaces for each            drive through window. For shopping centers, there shall be one (1) space for each 200 square feet of GFS. 

4. Industrial and Wholesale

a)   For wholesale uses, there shall be provided two (2) parking spaces for each three (3) employees on the largest shift.

b)   For industrial use, there shall be provided one (1) parking space for each employee (applied to the largest shift).

c)   The number of parking spaces to be required in special situations in which none of the above conditions are applicable shall be as determined by the Board of  Adjustment.

Section 2. Off-Street Loading (Commercial and Industrial Districts)

The number of off-street loading berths required by this Section shall be considered as the absolute minimum and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For the purposes of this section, an off-street loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet with fourteen (14) feet overhead clearance and adequate means for ingress and egress. A loading space requirement may be modified or waived by the Board of Adjustment on application in the case of a bank, theater, assembly hall, or other building of similar limited loading space requirements.

Number of Required Off-Street Loading Berths

1.   For structures containing not more than 25,000 square feet of gross floor area, one (1) berth shall be required.

5.   For structures containing 25,000 or more square feet of gross floor area, the number of berths specified in the table below shall be provided:

Square Feet of Gross
Floor Area
Required Number of
Berths
25,000 - 40,000 2
40,000 - 100,000 3
100,000 - 160,000 4
160,000 - 240,000 5
240,000 - 320,000 6
320,000 - 400,000 7

Plus one additional berth for each 90,000 square feet above 400,000 square feet.

 

ARTICLE IX
TELECOMMUNICATION TOWER REGULATIONS

Section 1. Purpose

The purpose of this Article is to establish a framework within which to better understand telecommunication tower sitings. To this end, it has been established that various types of towers are available, co-location is highly advantageous, and sitings on public lands offer substantial advantages. These and other aspects will be herein addressed to give the citizens of the Town of Denton the chance to benefit from the latest technological wave.

Section 2. Applicability

This Article shall apply to all telecommunication towers locating within the zoning jurisdiction of the Town of Denton after the effective date of passage of this Ordinance.

Section 3. Where Permitted

(a)    Residential Districts

Transmission sites may be placed on any publicly owned suitable structures within any residential district. Approval for such siting shall be handled by the Zoning Enforcement Officer

(b)    B-2, L-1, and H-1 Districts

1. Transmission towers may be sited on any publicly or privately held tract of land exceeding one-half (1/2) acre in size. A Conditional Use permit shall be required.  Adequate fencing and landscaping shall be required.

2. Towers may be erected on an existing building without requiring a Conditional Use permit. The tower shall not exceed thirty (30) feet or thirty (30) percent of the height of the building, whichever is greater.

Section 4. Type of Tower Permitted

Within any district where permitted, either a lattice tower or monopole shall be permitted. The Board of Adjustment will carefully consider the advantages and disadvantages of each prior to a final decision. Any erected tower should be neutral in color. Tower manufacturers shall be required to provide evidence of the self-collapsing features of any tower erected.

Section 5. Co-Location and Height Stipulations

(a) After the initial tower has been sited, future expansions shall obligate the existing and/or new carriers to co-locate unless it can be clearly shown that such a  requirement cannot adequately meet the projected customer        needs.

(b) Height limitations shall not exceed 199 feet in the B-2 and both industrial districts.

(c) When co-locating, there is no necessity for an otherwise required Conditional Use permit.

Section 6. Supplemental Use of Towers

(a) Adequate provisions by the carrier should be made to ensure that the placement of transmitters for emergency services is made available.

(b) No commercial messages shall be placed on any tower.

Section 7. Old Towers and Advanced Technology

(a) Abandoned towers [those not used for a period of six (6) months or more] shall be removed by the carrier(s).

(b) Should technology changes render the height of the tower(s) excessive, the Zoning Enforcement Officer may require that the tower be reduced in height, replaced, or removed. See Section 9 below.

Section 8. Power Output

It shall be the carrier's responsibility to present evidence that the power output from the tower does not exceed federally approved levels for exposure to electromagnetic forces.

Section 9. Periodic Review of Permits

The permit for the construction of a tower shall be for a period not to exceed seven (7) years. At the end of each period, the tower owner(s) shall submit to the planning board designated technical and market information documenting the continued need for the tower and the lowest feasible tower height. If this tower height is seventy (70) percent or less of the existing height of the tower, the owner shall be required to reduce the tower height to the lower height.

Section 10. Setbacks

In the B-2 and both industrial districts, setback requirements of one (1) additional foot for each foot that the tower exceeds seventy-five (75) feet shall apply.

ARTICLE X
AMENDMENTS

The Board of Commissioners may amend, supplement, or change the text of this Ordinance and Zoning Map according to the following procedures.

Section 1. Initiation of Amendments

Proposed changes or amendments may be initiated by the Board of Commissioners, the Planning Board, the Board of Adjustment, or by one or more interested parties. Written petitions from the public at large to amend this Ordinance shall be directed to the Denton Planning Board at least thirty (30) days prior to the next regularly scheduled meeting of the Planning Board. A copy of the petition shall also be filed with the Clerk to the Board of Commissioners. The petition shall state the nature of the proposed amendment, and, if applicable, a description of the property involved, names and addresses of the owners of the property, and a statement why the proposed amendment is necessary to promote the public health, safety, and general welfare. It shall be the responsibility of the Zoning Enforcement Officer to inform the applicant that in the case of a general rezoning amendment, the Planning Board will not evaluate the petition based on any specific proposal or development of the property. Each petition for an amendment submitted by one (1) or more owners, optioners, or lessors, etc. of property within the town's jurisdiction shall be accompanied by a fee established by the Board of Commissioners intended to defray the cost of advertising and other administrative costs involved.

No proposed change in this Ordinance or Zoning Map, if denied by action of the Board of Commissioners may be resubmitted within a period of one (1) year from the date of such denial, unless the Board unanimously finds that changing conditions in the area or new information concerning the property requested for rezoning warrant resubmission for a change in this Ordinance or Zoning Map. However, should the denial be for a conditional use rezoning, it may be resubmitted within a period of six (6) months from the date of such denial.

Section 2. Action by the Planning Board

The Planning Board shall review each petition for amendment. It shall make a written statement regarding the approval or disapproval to the Board of Commissioners within forty-five (45) days after receiving the petition. Failure of the Board to submit its recommendations within this time period shall constitute a favorable opinion. The Planning  Board may hold a separate public hearing, or may sit concurrently at the public hearing held by the Board of Commissioners.

Section 3. Public Hearing

Should the Board of Commissioners decide to accept the petition for a text amendment to this Ordinance, a public hearing shall be held by the Board of Commissioners; the Planning Board may sit jointly with the Board of Commissioners at this hearing. A notice of such public hearing shall be given once a week for two (2) consecutive calendar weeks in a newspaper of general circulation in Davidson County. Such notice shall be published the first time not less than ten days nor more than twenty-five (25) before the date fixed for the hearing. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

When considering a petition for rezoning to a general zoning classification, the Board of Commissioners will not evaluate a petition based on any specific proposal for the use or development of the property. The petitioner will refrain from using any graphic materials or descriptions of the proposed development except for those which would apply to any use permitted by the requested classification.

Whenever there is a Zoning Map amendment, the owner of that parcel of land and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the public hearing on the proposed amendment by first class mail. The notice shall be posted at least ten (10) but not more than twenty-five (25) days prior to the date of the public hearing. The person mailing such notices shall specify such.

The above first class mail notice shall not be required if the Zoning Map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners and the Town elects to use the expanded published notice. In this instance, the Town may elect to either make the mailed notice provided for above or may  as an alternative, elect to publish once a week for four (4) successive calendar weeks in a newspaper having general circulation in the area, an advertisement of the  public hearing that shows the boundaries of the area affected by the proposed Zoning Map amendment and explains the nature of the proposed change. The final two (2)  advertisements shall comply with and be deemed to satisfy the provisions of G.S. 160A-364.

The advertisement shall not be less than one-half (1/2) of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation. Property owners who reside outside the newspaper  circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first class mail pursuant to this section.  The person mailing the notice shall certify such to the Board of Commissioners. In addition to published notice, the Town shall post one (1) or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning.

Section 4. General Use Rezoning Consideration

The Town Board shall not consider any presentations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification, except in the case of a conditional use rezoning. For general use rezoning, the procedure specified in Section 3 of this article shall be followed.

Section 5. Conditional Use District Rezoning

(A)   Overview

Any applicant may elect to petition for conditional use district rezoning, where conditional use districts are authorized by the Ordinance, as an alternative to general use rezoning. If the applicant elects to petition for conditional use district rezoning, he shall specify the actual use intended for the property as selected from among those uses permitted in the parallel general use district. The Town Board shall approve or disapprove the petition based on the specific uses requested. If approved, the Town Board  shall issue a conditional use permit authorizing the development and may impose reasonable conditions upon this permit. All development within the district must also  conform to all requirements set forth in this Ordinance. If disapproved, the petitioner may resubmit the petition in conformance with resubmission requirement in Section 1 of this article.

This is a voluntary procedure which is intended for firm development proposals. It is not intended or suited for securing early rezoning for tentative or speculative proposals which may not be undertaken for some time.

(B) Procedures for Rezoning and Approval of a Conditional Use Permit

1. In order to rezone a parcel of  land to a conditional use district, a petition must be submitted requesting rezoning to a conditional use district. The procedure and requirements for submittal of the petition shall be the same     as the specified in Section 3 of this Article.

2.  A conditional use permit application, which must accompany any request for conditional use district rezoning shall be submitted to the Zoning Enforcement Officer and include:

  • the name and address of the applicant;
  • the name and address of the owner of each zoning  lot involved; and
  • other information needed by the Zoning Enforcement Officer to determine compliance with this Ordinance.

3.   Applications which are not complete shall be returned to the applicant, with a notation of the deficiencies in the application.

(C) Site Plan Required

1.   Every petition for the reclassification of property to a conditional use district shall be accompanied by a site plan, drawn to scale and all necessary supporting text as listed for all site plans  required by this Ordinance.          The Planning Board shall review the site plan to determine compliance with this Ordinance and all applicable regulations within the Denton planning jurisdiction.

2.   The Zoning Enforcement Officer has the authority to waive any application requirements where the type of use or scale of proposal makes that information unnecessary or impractical.

(D) Planning Board Review

The Planning Board shall review the application and shall submit to the Board of Commissioners a written recommendation based on the findings required in Section 5(F) of this article before any action by the Board of Commissioners.

(E) Action by the Board of Commissioners

1.   The Board of Commissioners shall, at the same public hearing, act on both the petition for amendments and the application for a conditional use permit. All findings shall be based on the findings required in Section 5(F)       of this article and competent material and substantial evidence presented at the public hearing.

2.   In approving a petition for the reclassification of property to a conditional use district, the Board of Commissioners may attach reasonable and appropriate conditions to the approval of the conditional use permit. In no           case shall the conditions placed upon the conditional use permit be less restrictive than the requirements for a general use amendment.

3.   If the petition for the conditional use district is approved (only a simple majority of the Board of Commissioners is required) and the application for the conditional use permit meets all requirements and regulations and           the applicant agrees to comply with such conditions as may be attached to the permit, then a conditional use permit subject to conditions shall be approved by the Board of Commissioners for issuance by the Zoning           Enforcement Officer.

4.   Following approval of a conditional use district  amendments petition which authorizes the issuance of the conditional use permit, a site plan shall be submitted to the Zoning Enforcement Officer for a final review and           approval. Such site plan shall conform to the site plan submitted as part of the amendments petition and to any changes made at the time of hearing.

(F) Required Findings

No conditional use permit shall be approved by the Board of Commissioners unless the following findings of fact are made concerning the proposed conditional use:

1.   The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;

2.   The use meets all required conditions and specifications;

3.   The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

4.   The location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of             Denton and its environs.

(G) Effect of Approval

1.   If a petition for amendment is approved under this Article, the district that is established, the approved petition, the approved conditional use permit and all conditions which may have been attached to the permit are             binding on the property as an amendment to this Ordinance and to the Zoning Maps.

2.   If a conditional use permit is approved, the petitioner shall comply with all requirements established in this Ordinance for obtaining a certificate of compliance. Only those uses and structures indicated in the approved          permit and site plan and its plan shall be allowed within the conditional use district. Development in the district shall comply with all provisions of and conditions to the approved permit and site plan. Following the                  approval of the petition, the subject property shall be identified on the Zoning Maps by the appropriate district designation.

(H) Alterations to Approval

1.   Changes to the conditional use permit shall be treated the same as amendments to this Ordinance and shall be processed in accordance with the procedures set forth in this Ordinance.

2.   Minor changes in the detail of the approved permit or site plan which will not alter the basic relationship of the proposed development to surrounding properties, to the standards and requirements of this Ordinance or to        any conditions attached to the permit may be approved by the Zoning Enforcement Officer without going through the amendment process. The Zoning Enforcement Officer shall forward any application for major changes      in detail to the site plan to the Planning Board and Board of  Commissioners for their consideration as an amendment to the conditional use permit.

(I) Revocation of a Conditional Use Permit

1. It is intended that property shall be reclassified to a conditional use district only in light of firm plans to develop the property. Therefore, if a building permit has not been secured within two (2) years of issuance of the           conditional use permit or if a building permit, once secured, is allowed to expire or is revoked, the conditional use permit  shall be revoked. If a conditional use permit is revoked, the Board of Commissioners may consider     rezoning the property to an appropriate general use district. The owner of  the property or his duly appointed representative, may petition for a new conditional use permit under the procedures outlined in this section.

2. In any case where the conditions of a permit have not been or are not being met, the Zoning Enforcement Officer shall give the grantee notice of intention to revoke the permit. Said notice shall be given at least ten (10)       days prior to any legal enforcement action initiated by the Zoning Enforcement Officer. Once revoked, no building permit  or certificate of compliance under the conditional use permit shall be issued and all completed           structures shall be regarded as a nonconforming uses subject to the  provisions of this Ordinance; provided that the Board of Commissioners shall not be prevented from thereafter rezoning the property for its most               appropriate use.

3. When plans are required to be submitted and approved as part of the application for a conditional use permit, minor modifications of the original plans may be authorized by the Zoning Enforcement Officer.

Section 6. Protest Petitions

In case of a protest against a zoning change, a duly signed petition by the owners of twenty (20) percent or more either of (1) the area of the lots included in such proposed change, or (2) of those immediately adjacent thereto, either in the rear thereof or on either side thereof, extending 100 feet there from, or of those directly opposite thereto  extending 100 feet from the street frontage of such opposite lots may be presented to the Board of Commissioners. The amendment shall not become effective except by  favorable-vote of three-fourths (3/4) of all the members of the Board of Commissioners. No Protest Petition shall be valid unless it:

1.   is written;

2.   bears the actual signatures of the requisite number of property owners and states that they protest the proposed amendment; and

3.   is received by the municipal clerk in time to allow at least two normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment so as to allow time for municipal personnel to check         the accuracy and sufficiency of the petition.

ARTICLE XI
PENALTIES

Section 1. Remedies

In case any structure is illegally erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any structure or land is used in violation of this Ordinance, the Building Inspector or any appropriate authority of the Town of Denton, or any adjacent, nearby, or neighboring property owner who would be affected by such violation, may institute injunction, mandamus, or other appropriate legal action to prevent the occupancy or use of such structure or land.

Section 2. Penalties

Any person who violates the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor, and be punished by a fine not to exceed fifty (50) dollars or imprisonment not to exceed thirty (30) days. Each day that a violation continues to exist shall constitute a separate violation and be considered a separate offense for the purpose of the penalties specified herein. A Notice of Violation shall be sufficient if directed to the owner, the agent of the owner, or the contractor and left at his known place or residence or place of business.

 Residential Dimensional Requirements

Res Dem Req2

(a) The Davidson County Health Department may impose a higher lot size on a case by case situation for individual septic tank systems
(b) 20% of the mean lot depth but not to exceed 30 feet
(c) Unless the depth of the front and total width of the side yards are increased by 1 foot for each 2 feet or fraction thereof for height exceeding 35 feet
(d) Minimum of 12 feet except where side yard abuts a street or highway, a minimum of 15 feet is required
(e) Minimum of 15 feet except where side yard abuts a public thoroughfare a minimum of 30 feet is required

 

Nonresidential Dimensional Requirements*

NonRes Dem Req2

(a)    There are no yard requirements except that where a lot abuts any residential district, there shall be a side or rear yard clearance of at least 10 feet. Furthermore, upon any side or rear lot line which abuts a residential district,         there shall be a densely planted and maintained buffer strip. No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lots, and no buffer shall be             required upon any yard which abuts a public street.
(b)    Every building erected or structurally altered to exceed 35 feet in height shall be set back from the front lot line on the ratio of 1 foot for each 2 foot rise above said 35 feet, but in no case shall the required setback exceed          10 feet.
(c)    Unless the depth of the front and total width of the side yards are increased by 1 foot for each 2 feet or fraction thereof for height exceeding 35 feet.
(d)    Upon any side or rear lot line which abuts a residential district, there shall be a densely planted and maintained buffer strip. No such buffer shall, however, extend nearer to a street right-of-way line than the established                 building line of the adjoining residential lots, and no buffer shall be required upon any yard which abuts a public street.
(e)    Unless the depth of the front and total width of the side yards herein shall be increased by 1 foot for each 2 feet or fraction thereof, of building height in excess of 50 feet.
(f)     No building shall be less than 40 feet from the right-of-way line of a street or highway. No other yards are required except that where the rear of a lot abuts a residential district, there shall be a 40 foot rear yard clearance and         where a lot abuts a side yard clearance of at least 25 feet. In cases where a side yard, not required, is provided, it shall be at least 8 feet in width.
(g)    If construction meets the primary fire code, no setbacks required; otherwise, 20 foot setbacks apply.

* Any Nonresidential District used for Residential purposes shall at a minimum meet R-8A Residential Dimensional Requirements.

 

TABLE OF USES BY DISTRICT

TABLE OF USES BY DISTRICT

P= Permitted by right; PD (SD) and (CD)= Permitted (Special Use) (Conditional Use) but shall comply with certain Developmental standards as per Art. VII; S or C= Special or Conditional Use Permit approved by the Board of Adjustment or Town Board. P*= Class A only.

TABLE OF USES BY DISTRICT

TABLE OF USES BY DISTRICT 2

P= Permitted by right; PD (SD) and (CD)= Permitted (Special Use) (Conditional Use) but shall comply with certain Developmental standards as per Art. VII; S or C= Special or Conditional Use Permit approved by the Board of Adjustment or Town Board. P*= Class A only.

TABLE OF USES BY DISTRICT

TABLE OF USES BY DISTRICT 3

 

P= Permitted by right; PD (SD) and (CD)= Permitted (Special Use) (Conditional Use) but shall comply with certain Developmental standards as per Art. VII; S or C= Special or Conditional Use Permit approved by the Board of Adjustment or Town Board. P*= Class A only.

TABLE OF USES BY DISTRICT

TABLE OF USES BY DISTRICT 4

P= Permitted by right; PD (SD) and (CD)= Permitted (Special Use) (Conditional Use) but shall comply with certain Developmental standards as per Art. VII; S or C= Special or Conditional Use Permit approved by the Board of Adjustment or Town Board. P*= Class A only.

TABLE OF USES BY DISTRICT

TABLE OF USES BY DISTRICT 5

P= Permitted by right; PD (SD) and (CD)= Permitted (Special Use) (Conditional Use) but shall comply with certain Developmental standards as per Art. VII; S or C= Special or Conditional Use Permit approved by the Board of Adjustment or Town Board. P*= Class A only.

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201 W. Salisbury Sreet, Denton, NC 27239
Phone:  336-859-4231