TOWN OF MILTON ORDINANCES
AN ORDINANCE CREATING ZONING ORDINANCES
FOR THE TOWN OF MILTON
BE IT ORDAINED by the Board of Commissioners of the Town of Milton, North Carolina, that a Zoning Ordinance is hereby created to read as follows:
ZONING
Article I PURPOSE, AUTHORITY, AND TITLE
Section 1.1 Purpose
The Zoning Regulations incorporated herein and the Zoning Districts shown on the Zoning Map have been made in accordance with a comprehensive plan, and are designed to lesson congestion in the streets, secure safety from flooding, fire, panic, and other dangers, promote health and the general welfare, provide adequate light and air, prevent the improper use of land; avoid undue concentration of population; and facilitate the adequate provision of transportation, public utilities, recreation and other public requirements. The Board of Commissioners has determined that there is a factual basis for believing that some or all of the condition noted above may result from the lack of Zoning Regulation and the Board has given due consideration to the character of each Zoning District, its suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction.
Section 1.2 Authority
This Ordinance is enacted pursuant to the authority granted by N.C.G.S. 160D-701 et. Seq...
The Milton Town Board, Caswell County, North Carolina pursuant to the authority granted by General Statutes Chapter 160D does hereby ordain and enact into law the following articles and sections. Processes will adhere to all provisions of N.C.G.S. 160D effective July 1, 2021 by ordinance adoption and incorporation into the Town of Milton Zoning Regulation Ordinance. The following shall apply:
Any provision of the Town of Milton Zoning Regulations Ordinance which might conflict with N.C.G.S 160D regulations shall be null and void, and,
Any provision of N.C.G.S 160D that is currently absent from the Town of Milton Zoning Regulations Ordinance shall be incorporated and effective as law by reference, and;
Any provision of N.C.G.S 160D that is currently addressed in the Town of Milton Zoning Regulations Ordinance shall be amended to adhere to the standards promulgated.
Section 1.3 Short Title
This Ordinance shall be known as the Zoning Ordinance of the Town of Milton, North Carolina, and may be referred to as the “Zoning Ordinance.” The map referred to herein is identified by the title “Official Zoning Map, Milton, North Carolina”, and may be known as the “Zoning Map”.
Article II JURIDICTION MAP
Section 2.1 Territorial Jurisdiction
The provision of this Ordinance shall apply within corporate limits of the Town of Milton as now or hereafter fixed.
Section 2.2 Incorporation of Zoning Map
The “Official Zoning Map, Milton, North Carolina and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this Ordinance.
*see town maps link
Article III DEFINITIONS
For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein when not inconsistent with the context; words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The words "used for" shall include the meaning "designed for."
Section 3.1 General Definitions
Accessory use or accessory building (non-residential). A subordinate non-residential use or building customary incident to and located on the same lot with the main use or building.
Accessory use or accessory building (residential) A noncommercial use or building customarily incident and subordinate to but located on the same lot with the main residential use or building such as a private garage or carport, family garden, personal storage building, or workshop, all of which are totally for personal use.
Bed and breakfast A dwelling in which lodging, with or without meals, is provided for overnight guests for a fee.
Boarding house. A structure in which persons, either individually or as families, are lodged or housed for hire without eating, cooking and toilet facilities in each separate unit. A rooming house, guest house, or tourist home shall all be deemed a boarding house.
Building. See "structure."
Building, height of. The vertical distance measured at the front of the building, from the lowest ground level finished floor elevation, excluding basements, to the highest point of the building not exempted by the applicable height regulations of this ordinance.
Building, main. The principal structure in which the primary use of the property is undertaken.
Building Occupancy. See "Use".
Building setback line. See "Setback".
Conditional Use. A use of land permitted in a Conditional Use District upon approval by the Board of Commissioners as part of the Conditional Use rezoning process or a use of land permitted by a Conditional Use Permit authorized by the Board of Adjustment.
Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.
Congregate care facility. A facility providing shelter and services for ambulatory individuals at least fifty-five (55) years of age who by reason of age, functional impairment or infirmity may require meals, housekeeping, and personal care assistance. Congregate care facilities do not include nursing homes or similar institutions devoted primarily to the care of the chronically ill or the incurable.
Day care center. A facility providing care for six (6) or more non-handicapped children, more than four (4) hours per day, for payment of a fee, but without transfer or assignment of custody.
Dwelling. A detached building constructed on-site in compliance with the North Carolina State Building Code and designed for or occupied exclusively by one family. A detached building constructed on-site in compliance with the North Carolina State Building Code and designed for two (2) or more dwelling units. 160D-102(15)
Dwelling unit. An enclosure of one or more rooms providing complete independent living facilities for one family, including permanent facilities for living, sleeping, eating, cooking and sanitation within the separate enclosure.
Family. Any number of persons related by blood, adoption, or marriage or no more than four (4) persons not related by blood, adoption or marriage, living together as a single housekeeping unit sharing the same domestic facilities. It does not include congregate residential care facilities ; family care and group care facilities; foster homes for children ; homes for the aged and infirmed; family- care homes for the aged and infirmed; day care facilities; day care centers; and family day care homes; shelter homes for children and/or families including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums ; and dormitories, fraternal organizations, or other organized social or institutional residential situations.
Family day care home. A building used as a residence for a family which is also used to provide day care services on a temporary basis without transfer of custody for five (5) or fewer children, for a fee.
Family care home. A home with support and supervisory personnel which provides room and board, personal care, and habilitation services in a family environment for not more than six (6) resident handicapped persons.
Frontage. The property abutting on one side of a street measured along the street right-of-way line.
Guest house. See "boarding house."
Group care facility. A facility licensed by the State of North Carolina, (by whatever name it is called, other than "Family Care Home" as defined by this Ordinance), with support and supervisory personnel that provides room and board, personal care, or habilitation services in a family environment.
Handicapped person. A person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but does not include mentally ill persons who are dangerous to others as defined in section 122C-3(11) of the General Statutes of North Carolina, or any amendment thereto.
Home occupation. A professional occupation conducted within a portion of a main dwelling unit, which does not adversely impact or change the residential character of the neighborhood. Also see "Rural family occupation."
Hotel or motel. A building which provides sleeping accommodations in six (6) or more rooms, commonly available for pay on a daily basis to transient or permanent guests.
Junk yard. A lot or group of contiguous lots used for the dismantling or the storage of wrecked or used automobiles or the storage, sale, or dumping of dismantled or wrecked cars or their parts, or for storage of appliances, machinery, and other salvage goods.
Landowner or Owner. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
Lot. A parcel of land, the boundaries of which are established by some legal instrument such as a deed or a recorded plat (but not tax maps) and which is recognized as a separate tract for purposes of transfer of title or lease of greater than three (3) years.
Lot, corner. A lot adjacent to or abutting on two (2) streets at their intersection.
Lot front. On a comer lot, the front is the frontage with the least dimension at the street. Where the dimensions are equal the front shall be designated by the owner.
Lot, interior. Any lot other than a comer lot.
Lot lines. The line forming the perimeter or boundary of the lot.
Lot, though. An interior lot having frontage on two (2) streets. Also called a double frontage lot.
Lot width. The distance from side lot line to side lot line measured at the required minimum front yard setback parallel to the front property line. For lots with a radial sideline(s), lot width may be measured at a front yard setback of up to fifteen (15) feet greater than the minimum required front yard setback. In such case the point where the minimum lot width is measured shall become the front yard setback for that lot.
Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds, or a lot which is described by metes and bounds, the description of which has been so recorded, prior to the effective date of this ordinance, or the date this ordinance becomes effective on any land’s hereafter included in the zoning jurisdiction of Milton.
Manufacturing. The processing of raw products and materials into items for sale.
Manufactured home or Mobile Hole. A dwelling unit that is defined by NCGS 143-145(7) as: A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act.
For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. NCGS 160D-102(23)
Net residential area (net land). That portion of a development or project site designated for residential lots and related common open space areas excluding dedicated public rights-of-way.
Nonconforming use. Any use which legally existed on the effective date of this Ordinance, and which does not conform with each regulation of the zoning district in which it is located, including any nonconforming use legally recognized under a prior zoning ordinance.
Open space. Any land area not occupied by buildings, structures, storage areas, open or enclosed balconies, patios, porches or decks, excluding, however, any land encroaching or located within a right-of-way or easement. Open area in any required setback or land used for sidewalks, landscaping and grassing shall be considered open space.
Overlay District. A zoning district which overlays and combines with one of the principal zoning
districts established by this Ordinance. In such case the property involved is subject to the requirements of both districts.
Parking lot. An area or tract or partial tract of land used for the storage or parking of vehicles.
Property. Means all property subject to zoning regulations and restrictions and zone boundaries within the zoning jurisdiction of the Town. The term includes any improvements or structures customarily regarded as a part of real property. 160D-102(27)
Recreation or travel trailer. A vehicular, portable, structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the unit. Includes motor home, recreational vehicle etc.
Residential care facility. A building or facility used primarily to provide residential, social and personal care for children, the aged or others who suffer some limit on the ability for self-care, but where medical care is not a major service. It includes such uses as adult day care facilities, home for the aged and other like uses which are not otherwise specifically defined.
Screen. A devise such as a fence or planting area used to visually separate property.
Service station. A lot or building where gasoline, oil, grease and automobile accessories are supplied and dispensed to the motor vehicle trade, or where battery, tire and other similar repair services are rendered.
Setback. The horizontal distance from the property line or street right-of-way line to the nearest part of the applicable building, structure, sign, or use, measured perpendicularly to the line.
Site specific development plan. A plan which has been submitted to the Town by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.
Stacking Space. A space to store an automobile off-street while waiting in line for a drive-through service such as an automatic teller service, drive through restaurant etc.
Street, private. A vehicular travel way not dedicated as a public street or a dedicated but unaccepted vehicular travel way.
Standard Industrial Classification (SIC}. A listing of land uses published by the US Office of Management and Budget classifying uses by functional groups and assigning each a code number.
Street, public. A public right-of-way for vehicular travel which has been constructed and then dedicated to and accepted by the Town of Milton or the North Carolina Department of Transportation for public use or which has been otherwise obtained by such agencies for such use or which is proposed to be constructed and then dedicated to and accepted by such agencies as a public right-of-way for vehicular traffic for public use pursuant to this Code.
Structure. Anything constructed or erected which requires location on the ground or attached to something having location on the ground.
Structural alterations. Any change, except for the repair or replacement, in the supporting members of a building such as load bearing walls, columns, beams or girders.
Townhouse. A single-family dwelling unit constructed in a series or group of attached units with property lines separating each such unit.
Travel trailer parking area. A parcel of land in which two (2) or more spaces are designed, occupied or intended for occupancy by trailers for transient dwelling purposes.
Use. The primary purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
Vested right or zoning vested right. The right to undertake and complete the development and use of the property under the terms and conditions of an approved site-specific development plan.
Yard. An open space located on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees, shrubbery or as otherwise provided herein. A yard is the area created by a setback.
Yard, front. A yard extending across the full width of the lot and extending from the closest front wall of the building to the property line or established edge of a right-of-way, whichever is closer.
Yard, rear. A yard extending across the full width of the lot and extending from the closest rear wall of the main building to the rear of the property.
Yard, side. A yard which extends from the closest side wall of a building to the nearest side property line or the established edge of the street right-of-way, whichever is closer, if the lot is a comer lot.
Zoning Administrator. An employee or agent of the Town of Milton who is assigned primary responsibility for the administration and enforcement of the Zoning Ordinance.
Zoning Permit. A permit issued by the Town conferring the right to undertake and complete the development of and use of property as set forth in Article XV.
Zoning Permit with Vested Rights. A permit issued by the Town concerning the right to undertake and complete the development of and use of property under the terms and conditions of an approved site specific development plan as set forth in Article XV.
Section 3.2 Definitions Relating to Adult Oriented Businesses.
In addition to State laws on obscenity, indecent exposure, and adult establishments, local government regulation of the location and operation of sexually oriented businesses is necessary to prevent undue adverse secondary impacts that would otherwise result from these businesses. NCGS 160D-902(b)
Adult Oriented Business. For the purpose of this section, "sexually oriented business" means any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. 14-202.10. Local governments may adopt detailed definitions of these and similar businesses in order to precisely define the scope of any local regulations. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) NCGS 106D-902(f)
Adult Arcade (also known as "peep show"). Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other imagine-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or -describe “specified sexual activities" or "specified anatomical areas".
Adult Bookstore or Adult Video Store. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".
Adult Cabaret. A night club, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:persons who appear nude or semi-nude; or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas”.
Adult Motel. A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes; or offers a sleeping room for rent for a period of time that is less than ten (10) hours; or allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten (10) hours.
Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe "specified sexual activities" or "specified anatomical areas".
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict "specified anatomical areas" or "specified sexual activities".
Escort. A person who, for any tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort Agency. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration.
Nude Model Studio. Any place where a person who appears nude or semi-nude, or who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include a proprietary school licensed by the State of North Carolina or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
Nude or A State of Nudity.
1.the appearance of a human anus, male genitals or female genitals; or
2. a state of dress which fails to opaquely cover a human anus, male genitals or female genitals.
Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual Encounter Center. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling (including sexually oriented massaging) between persons of the opposite sex, or similar activities between male and female persons and/or between persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually Oriented Devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device.
Specified Anatomical Areas. Human genitals in a state of sexual arousal.
Specified Sexual Activities. Is and includes any of the following:
he fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above.
Section 3.3 Definitions Related to Signs
Changeable Copy: Copy that is or can be changed manually in the field or through mechanical or electronic means, e.g., reader boards with changeable letters.
Erect: To assemble, build, construct, raise, install, attach, hang, place, suspend, affix, post, create, paint, draw, apply or in any other way bring into being or establish.
Grade: The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to a freestanding sign.
Logo: A business trademark or symbol.
Premises: A lot or parcel of real property where a business, professional service, commodity, product, accommodation, event, attraction or other enterprise or activity or use exists or 1s conducted, manufactured, sold, offered, maintained or takes place.
Setback: The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of a sign or its supporting member.
Sight Visibility Triangle: The triangle area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the edge of a driveway), each point being twenty (20) feet from the intersection, and the two intersecting right-of-way lines (or a right-of-way line and driveway). On some occasions, the Town or State Highway Department may require additional sight zones as deemed necessary to provide adequate safety.
Sign: Any object, placard, device, display or structure, or part thereof, made of any-material, except live vegetation, including any surface, fabric or other background material which is designed, constructed and/or used for the purpose of relaying information from a fixed or mobile position to visually inform, advertise, identify, display, promote, direct or attract the attention of general or privileged persons to an object, person, institution, organization, corporation, business, profession, commodity, product, service, event or location by any means including, but not limited to, words, letters, phrases, sentences, emblems, trademarks, tradenames, insignias, numerals, figures, devices, designs, symbols, pictures, logos, fixtures, colors, illumination or projected images or any other attention directing device, displayed by means of paint, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, poles, trees, buildings or other structures or supports. The term sign shall include the terms advertisement, announcement, insignia, billboard, bill, billet, badge, display, brand, emblem, flyer, label, message board, poster, shingle, symbol, title and trademark. The term sign shall not include the terms television, telegraph, radio, signal or transmission. If the message is removed from a structure that was originally designed and used as a sign, this structure shall still be considered a sign.
Sign, Campaign or Election: A sign that advertises a candidate or issue to be voted upon on a definite election day
Sign, Changeable Copy: A sign message center or reader board that is designed so that its informational content or copy can be changed or altered by manual, electrical, electro-mechanical or electronic means. A changeable copy sign shall be counted as a sign face.
Sign, conforming: A sign which is in compliance with all the provisions of this Ordinance.
Sign, Construction: A sign placed at a construction site giving the name or names of building owners or developers, architects, engineers, and/or lending institutions and principal contractors, subcontractors and material suppliers participating in construction on the site where the sign is placed, together with other appropriate information included thereon.
Sign Copy: Alphabetic, pictorial, numerical and/or graphic display of permanent or removable words, letters, numbers, figures, characters, symbols, logos or insignia that are used on a sign display surface area for advertising and/or informational purposes.
Sign Copy Area: Area measured by the smallest circle, square or rectangle which will encompass all elements of informational or representational matter including all cut outs or extensions together with any materials or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. The term sign -copy area shall also include the terms display area, surface area and the word area as it relates to signage. The term sign copy area shall not be construed to include architectural trim, frames and structural supports that do not bear any sign copy . In computing area, only one (1) side of a double-faced sign shall be considered. The maximum angle of a double-faced sign shall be 45 degrees, except for signs located at comers in which case the maximum angle may be 90 degrees. This refers to the distance between sign faces on a single structure.
Sign discontinued: Any conforming or legal nonconforming sign, other than a billboard sign, which no longer identifies or advertises a bona fide business, service, product or activity, and/or for which no legal owner can be found which has been discontinued for a period of 120 days or more regardless of reason or intent, or a temporary sign for which the permit has expired. This is not intended to apply to seasonal type businesses which annually operate "in season.11 However, failure to operate any such seasonal business for a minimum of 190 consecutive days in a calendar year will deem these signs to have been discontinued.
Sign, Double-faced: A sign designed to be seen from two (2) opposite directions shall be considered as one (1) sign, provided that the two (2) sign faces shall be supported on the same pole(s) or other structure, are at the same elevation and form an angle of forty-five (45) degrees or less on an interior lot or ninety (90) degrees or less on a comer lot.
Sign Face: The part of a sign that is or can be used to identify, advertise or communicate information, or is used for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color or internal illumination used that differentiates that sign from the building, structure, backdrop, surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no identifying/advertising message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, whether structurally necessary or not.
Sign, Flashing: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classified as changeable copy signs, not flashing signs.
Sign, Freestanding: A sign which is permanently affixed to and supported by structures or supports such as poles, masts or frames which are placed upon or anchored in the ground and which structures or supports are independent from any building or other structure. For the purposes of this Ordinance a freestanding sign shall be only those signs meeting the definition given above and which are located on the same premises for which its' message is carried. Pole, ground and billboard signs are examples of freestanding signs.
Sign, Government: Any temporary or permanent sign, symbol or device erected and maintained for any Federal, State, County or Municipal governmental purposes including, but not limited to, legal notices, identification and informational signs, and traffic warning, directional or regulatory signs.
Sign Height: The vertical distance measured from the highest point of the sign, including decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
Sign, Identification: Means either or both of the following:
A sign used to display only the name, address, crest or trademark of the business, individual, family, organization or enterprise occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.
A permanent sign announcing the name of a subdivision, tourist home, group housing project, church, school, college, park or other public or quasi-public structure, facility or development and the name of the owners or developer but bearing information pertaining only to the premises on which such sign is located and carrying no advertising message.
Sign, Illegal: A sign which does not meet the requirements of this Ordinance, and which has not received legal non-conforming status.
Sign, Incidental: A small sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
Sign, illuminated: A sign illuminated in any manner by an artificial light source, whether internally or externally lit.
Sign, Internally or Directly Illuminated: A sign where the source of the illumination is inside the sign and light emanates through the message of the sign through transparent or translucent materials rather than being reflected off the surface of the sign from an external source. Without limiting the
generality of the foregoing, signs that consist of or contain tubes that:
are filled with neon or some other gas that glows when an electric current pass through it and
are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally or directly illuminated signs.
Sign, Indirectly or Externally Illuminated: A sign designed to have illumination from a detached light source, shielded so that no direct rays from the light source are visible elsewhere than on the lot where said illumination occurs.
Sign, Informational or Instructional: An on-premises sign designed to guide vehicular and or pedestrian traffic and give other instruction or direction to the public but not including any advertising message. The name or logo of the business or use about which the sign is giving direction may also be included on the sign, provided such name or logo does not comprise more than ten percent (10%) of the copy area. Such signs include, but are not limited to, the following: the identification of rest rooms, public telephones, walkways, entrance and exit drives, parking, handicapped access, freight entrances and traffic direction.
Sign Maintenance: For the purposes of this Ordinance, the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
Sign, Motion: A sign or device designed to attract attention, all or any part of which uses movement or apparent movement by fluttering, revolving, rotating, spinning, swinging, animation or moving in some other manner and is set in motion by movement of water or the atmosphere or by mechanical, electrical or any other means.
Sign, Movable: A sign which is movable by two or fewer individuals without aid of a motor vehicle or other mechanical equipment. The term movable sign includes the terms A-frame sign, T-shaped sign and tent sign.
Sign, Noncommercial: Any sign, display or device that does not direct attention to a business operated for profit, or to a commodity, product or service for sale which displays a substantive message, statement or expression that is protected by the First Amendment to the US Constitution.
Sign, Nonconforming: Any sign which was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of this Ordinance, and any amendments to, and which fails to conform to all applicable standards and restrictions of this Ordinance. An illegal sign is not a nonconforming sign.
Sign, Object or Product: A sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to, drive-through window menu boards, and signs on automatic teller machines, gas pumps, vending machines or newspaper boxes.
Sign, Off-Premises: A sign or Structure, pictorial or otherwise, regardless of size of shape that draws attention to or communicates information about a business, profession, service, commodity, product, accommodation, event, attraction or other enterprise or activity that exists or is conducted, manufactured, sold, offered, maintained or provided at a location other than on the premises where the sign is located. Several types of off-premises signs may exist or otherwise be subject to the requirements of this Ordinance. This definition does not include governmental, traffic, directional, or regulatory signs or notices of the federal, state, county or town government or their public agencies.
A local government may require the removal of an off-premises outdoor advertising sign that is nonconforming under a local ordinance and may regulate the use of off-premises outdoor advertising within its planning and development regulation jurisdiction in accordance with the applicable provisions of this Chapter and subject to G.S. 136-131.1 and G.S. 136-131.2. NCGS 160D-912(b)
Sign, On-Premises: A sign or structure, pictorial or otherwise, regardless of size or shape that draws attention to or communicates information about a business, profession, service, commodity, product, accommodation, event, attraction or other enterprise or activity that exists or is conducted, manufactured, sold, offered, maintained or provided on the premises or at the same location (site or tract) as that where the sign is located.
Sign, Political: A temporary sign used in connection with a local, state, or national election or referendum.
Sign, Portable: A sign designed or intended to be readily relocated from one location to another whether on the same premises or a different premise, is not permanently attached to the ground, building or other permanent structure and is differentiated from a Movable Sign in that it may be equipped for transportation by motor vehicle or other mechanical means. The term Portable Sign shall include signs on wheels, trailers, truck beds, or any other device which is capable of or intended to be moved from one location to another. Signs defined as temporary signs are not included in this definition.
Sign, Temporary: Any sign, designed in structure, materials and/or copy message, which is temporary in nature to be used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, whether attached to a structure, fence or freestanding, and whether or not it contains a frame. The term Temporary Sign includes the terms Banner, Pennant, Valance, Flyer and Announcement. Temporary Sign materials consist of cloth, vinyl canvas, light fabric, cardboard, paper, wall board or other light material. This definition shall not include a permanent sign display area with changeable copy, or to movable or portable signs.
Sign, Vehicle: A sign on a parked vehicle visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this Ordinance, vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.
Special Event: A planned, temporary activity.
Street: Any publicly maintained right-of-way set aside for public travel which has been accepted for maintenance as a street by the Town or North Carolina Department of Transportation.
Use: The purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.
Article IV: APPLICATION; GENERAL PROVISIONS; EXCEPTIONS AND MODIFICATIONS
This Ordinance is enacted pursuant to the authority granted by NCGS 160D-101 and NCGS 160D-111.
Section 4.1 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, except as hereinafter provided in this Zoning Ordinance.
Section 4.2 Relationship of Buildings to Lot
Every building hereafter erected, moved or placed shall be located on a lot and in no case shall there be more than one (1) principal building on a lot except as otherwise provided for in this Ordinance.
Section 4.3 Street Access
No principal building, structure or use of land shall be established on a lot nor shall any lot be created that does not abut upon a public street as defined herein to which it has legal access for a distance of not less than thirty-five (35) feet. Provided, the following exception shall apply to the access requirement:
The access requirement shall not apply to lawfully existing lots of record with a minimum of thirty-five (35) feet of frontage on a dedicated but not maintained street.
Section 4.4 Lot of Record
Where the owner of a lawfully existing lot of official record in any residential district or the owner's successor in title thereto does not own sufficient contiguous land to enable the owner to conform to the minimum lot size requirements of this Ordinance, such lot may be used as a residential building site, where permitted, provided, however, that the other requirements of the district are complied with, or a variance is obtained from the Board of Adjustment.
Section 4.5 Open Space Requirements
No part of a yard, court or other open space provided around any building or structure for the purpose of complying with the provisions of this Ordinance shall be included as a part of a yard or other open space required under this Ordinance for another building or structure. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except as provided for in this section. However, certain accessory structures are permitted to be placed in the required yard areas as provided for in the Schedule of District Regulations and this section.
Section 4.6 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 in this Ordinance. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.
Section 4.7 Water and Sewer Requirements
The lot sizes required for the various Districts in this Ordinance were drawn based upon the assumption that adequate water supply and sewage disposal systems are available to each and every lot. The lack of adequate systems for one or both facilities may require larger lot areas or, in some instances, because of Health Department Standards, may not permit development as intended.
Section 4.8 Height Limitation Exceptions
The height limitations of this Ordinance shall not apply to public buildings, churches, temples, schools, hospitals, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power and communication transmission towers , flag poles and similar structures, provided such structures meet the required North Carolina Building Code.
Section 4.9 Building Setback Exceptions
Setback distances shall be measured from the property line or street right-of-way line to the nearest portion of any building, or structure excluding:
Unenclosed porches, attached carports, balconies or decks which do not project into any required yard more than three (3) feet; and Chimneys, flues, coves, roof overhangs, windowsills and bay windows which do not project into any required yard more than three (3) feet; and Patios, drives, walkways, if no portion of the same extends more than twelve (12) inches off the ground; and Any structure that is a mere appendage to a building, such as a flagpole, or fountain.
Section 4.10 Fences and Walls
Fences and walls shall be exempt from setback and yard requirements provided they comply with the visibility requirements of subsection 4.15.
Section 4.11 Accessory Buildings and Structures
Accessory buildings and structures shall be exempt from setback and yard requirements. provided they are located in accordance with the following requirements.
Accessory buildings and structures shall not be erected in any required front yard or within twenty (20) feet of any side street on a comer lot.
Accessory buildings or structures shall not be erected within five (5) feet of any property line not a street line.
Accessory buildings and structures shall not be erected in the front yard of any double frontage lot as set forth in Section 4.13.
Section 4.12 Corner Lot Yards
On corner lots, the side yard requirements shall apply on any side of the lot not abutting a public street.
Section 4.13 Double Frontage Lots
In all Zoning Districts, Double Frontage Lots shall provide the minimum yard requirements for Front Yards along both street fronts.
Section 4.14 Uses in the B-1 or C-1 and C-2 Commercial Districts
Within the B-1 or C-1 and C-2 Commercial Districts all uses shall be conducted wholly within enclosed buildings with the exception of gasoline pumps, drive-through service, outdoor dining facilities associated with a restaurant, incidental displays of produce and merchandise, vending machinery, displays associated with official festivals and similar incidental outdoor displays.
Section 4.15 Visibility at Intersections
On a comer lot in any district other than the C-1 central business district, no planting, structure, sign, fence, wall or obstruction to vision more than three (3) feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street center lines, and a straight-line connecting point on said street center lines, each of which is 75 feet (150 feet for major streets) distance from the point of intersection.
Section 4.16 Temporary Buildings
Temporary buildings, including mobile structures, incidental to a construction project may be permitted to be used concurrent with the permit for permanent building(s) or construction. Such temporary building shall be removed promptly upon completion of construction. No such building shall be used for dwelling purposes. Temporary buildings shall be located at least 25 feet from any property used for residential purposes.
Section 4.17 Entrances/Exits to Public Streets
Entrances and exits to public streets shall be placed and constructed in accordance with the "Policy on Street and Driveway Access to North Carolina Highway" adopted by the North Carolina Department of Transportation (NCDOT), as amended.
Section 4.18 Outdoor Lighting
Outdoor lighting fixtures shall be installed in a manner to protect the street and neighboring properties from direct glare or hazardous interference of any kind.
Section 4.19 Use of Mobile Homes for Storage Prohibited
The use of mobile homes or travel trailers for storage purposes shall be expressly prohibited in all zoning districts.
Section 4.20 Minimum Regulations
Regulations set forth by this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the more restrictive or higher standards shall govern.
Section 4.21 Fees
Applicants for permits and other procedures as provided for by this Ordinance may be required to pay such fees as may be established by the Board of Commissioners in the Schedule of Fees and Charges.
Article V: ESTABLISHMENT OF ZONING DISTRICTS
Section 5.1 Primary Zoning Districts Established
For the purposes of this ordinance, the zoning jurisdiction of the Town of Milton, North Carolina, is hereby divided into the following primary use districts:
R-1 Residential District - to establish a district in which the primary use of land is for one and two-family dwellings.
C-U-R-1 Residential District - This District is identical to the R-1 single-family Residential District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
R-2 Residential District - To establish a district in which the primary use of land is for one and two-family dwellings, but which also permits Class I Mobile Homes subject to appearance standards.
C-U-R-2 Residential District - This District is identical to the R-2 Residential District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
R-3 Residential District - To establish a district which permits one- and two-family and multi-family dwellings.
C-U-R-3 Residential District - This District is identical to the R-3 Residential District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
0 & I Office and Institutional District - To establish a district principally for office and institutional uses.
C-U-0 & I Office and Institutional District - This district is identical to the O & I Office and Institutional District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
L B-1 and C-1 Business District / Commercial District - To establish a primary commercial district where businesses are concentrated in a central location.
J. C-U-C-1 Commercial District - This District is identical to the C-1 Commercial District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
K. C-2 Commercial District- To establish a district exclusively for the provision of goods and services for the convenience of residential neighborhoods.
L. C-U-C-2 Commercial District – This district is identical to the C-2 Commercially Residential District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
M. C-3 Commercial District – To establish a commercial district that permits specialized commercial services and certain light industrial uses.
N. C-U-C-3. Commercial District – This District is identical to the R-S Suburban Residential District except that a Conditional Use Permit is required as a prerequisite to any use or development, as provided for in this Ordinance.
Section 5.2 Conditional Use Districts
There is a Conditional Use District (referred to as CU or CUD) which corresponds to each of the primary districts authorized in this ordinance. It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions.
Where the applicant for rezoning desires property to be rezoned to such a district in such situations, the Conditional Use District is a means by which such special conditions can be imposed in the furtherance of the purpose of this Ordinance. The Conditional Use District classification will be considered for rezoning only upon request of a property owner. If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this Ordinance that the authorization of such Conditional Use Permit shall be null and void and of no effect and that proceedings shall be instituted to rezone the property to its previous zoning classification. NCGS 160D-102(7)
Within a CUD, only those uses authorized as permitted or conditional uses in the zoning district with which the CUD corresponds shall be permitted, and all other requirements of the corresponding district shall be met as minimum standards. In addition, within a CUD no use shall be permitted except pursuant to a Conditional Use Permit authorized by the Board of Commissioners, which shall specify the use or uses authorized. Such permit may further specify the location on the property of the proposed use or uses, the number of dwelling units, the location and extent of supporting facilities such as parking lots , driveways and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request, but not to include architectural review or controls or other conditions not generally a part of land development controls. In granting a Conditional Use Permit the Board of Commissioners may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this Ordinance are served, public welfare secured, and substantial justice done.
Section 5.3 Overlay Districts
The Primary Zoning Districts established in subsections 5.1 and 5.2 may also be zoned in one or more Overlay Districts as designated herein and as shown on the Official Zoning Map. In such case, the land is subject to not only the requirements of the underlying Primary Zoning District but also the additional requirements of the Overlay District.
A Flood Damage Prevention (FD)
The Flood Damage Prevention District establishes standards to minimize public and private losses due to flood conditions· in specific areas.
B. Historic District (HD
District establishes regulations which will help maintain the historic integrity of certain areas within the Town.
Section 5.4 District Boundaries Shown on Zoning Map
The boundaries of the districts shown on the map accompanying this Ordinance and made a part hereof entitled "Official Zoning Map, Milton, North Carolina. The Zoning Map and all the notations, reference and amendments thereto, and other information shown thereon are hereby made a part of this 0dinance the same as if such information set forth on the map were all fully described as set out herein. The Zoning Map is posted at the Milton Town Hall and is available for inspection by the public.
Section 5.5 Rules Governing Interpretation of 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 district boundaries are indicated as approximately following street, alley, or highway lines, such lines shall be construed to be the boundaries.
Where district boundaries are indicated that they approximately follow lot lines such lot lines shall be construed to be the boundaries.
Where district boundaries are indicated that they are approximately parallel to the center line of streets, alleys or highways, or the rights-of-way of same, the district boundaries shall be construed as being parallel thereto and at the distance therefrom as indicated on the Zoning Map.
Where district boundaries are indicated as following topographic contours, drainage divides or specific measured distances such features shall be construed to be such boundaries.
Where any street or alley is hereafter officially closed, vacated or abandoned, the zoning district adjoining each side of the street or alley shall be automatically extended to the center of the street or alley, and all lands which are included in the closed portion shall thereafter be subject to the regulations of the extended districts.
f further uncertainty exists as to the location of boundaries or applicability of zoning districts, the Board of Adjustment shall interpret the intent of the Zoning Maps as to the location of such boundaries, and the applicability of such districts, and may order the Zoning Map corrected.
Article VI. SCHEDULE OF DISTRICT REGULATIONS
Within the Districts as established by this ordinance, the requirements as set forth in this section shall be complied with in addition to any other general or specific requirements of this ordinance.
Section 6.1 R-1 Residential District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses
Dimensional Requirements. The following dimensional requirements shall apply in
the R-1 District;
Minimum Required Lot for each dwelling unit or any Non-Residential use - 10,000 square feet.
Minimum Required Lot Width – 50 feet
Minimum Required Front Yard - 20 feet
Minimum Required Side Yards - 8 feet except that the side yard abutting a street shall be 16 feet.
Minimum Required Rear Yard - 15 feet
Maximum Building Height - 35 feet
Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. Off-street parking and loading shall be provided in
accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X.
Section 6.2 R-2 Residential District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses
Dimensional Requirements. The following dimensional requirements shall apply in the R-2 District;
Minimum Required Lot Area for each dwelling unit or any non-Residential use -
10,000 square feet.
Minimum Required Lot Width - 50 feet
Minimum Required Front Yard - 20 feet
Minimum Required Side Yards - 8 feet except that the side yard abutting a street
shall be 16 feet
Minimum Required Rear Yard - 15 feet
Maximum Building Height - 35 fee t
Location of Accessory Buildings and Structures - Accessory buildings and
structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. Off-street parking and loading shall be provided in
accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X.
Section 6.3 R-3 Residential District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses
Dimensional Requirements. The following dimensional requirements shall apply in the R-3 District.
Minimum Required Lot Area for the first dwelling unit or any on-Residential use 10,000 square feet; 5,000 square feet for each additional dwelling unit
Minimum Required Lot Width - 50 feet
Minimum Required Front Yard - 20 feet
Minimum Required Side Yards - 8 feet except that the side yard abutting a street shall be 16 feet
Minimum Required Rear Yard - 20 feet
Maximum Building Height - 35 feet
Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-street Parking and Loading. Off-street parking and loading shall be provided in accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X.
Section 6.4 0-1 Office and Institutional District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses
Dimensional Requirements. The following dimensional requirements shall apply in the O-I District:
Minimum Required Lot Area for the first dwelling unit - 10,000 square feet; 5,000 for each additional dwelling unit. Non-residential uses have no minimum lot area requirement.
Minimum Required Lot Width - 50 feet (for residential only)
Minimum Required Front Yard - 20 feet
Minimum Required Side Yards - 8 feet except that the side yard abutting a street shall be 16 feet.
Minimum Required Rear Yard - 15 feet
Maximum Building Height - 45 feet
g. Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. Off-street parking and loading shall be provided accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X.
Landscape. Landscaping shall be provided in accordance with the requirements of Article XI.
Section 6.5 B-1 or C-1 Central Business District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses.
Dimensional Requirements. The following dimensional requirements shall apply in the B-1 or C-1 District:
Minimum Required Lot Area - None; no residential density limitation
Minimum Required Lot Width - None
Minimum Required Front Yard – None
Minimum Required Side Yards - none required except where adjoining residential district shall be 8 feet and otherwise where provided the side yard shall be a minimum of 4 feet.
Minimum Required Side Yards – none required except where adjoining a residential district shall be 8 feet and otherwise where provided the rear yard shall be a minimum of 4 feet.
Maximum Building Height - 50 feet
Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. None
Signs. Signs shall be regulated by the requirements of Article X.
Landscaping. Landscaping shall be provided in accordance with the requirements of Article XI.
Section 6.6 C-2 Neighborhood Business District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses.
Dimensional Requirements. The following dimensional requirements shall apply in the C-2 District.
Minimum Required Lot Area – None
Minimum Required Lot Width – None
Minimum Required Front Yard - 20 feet
Minimum Required Side Yard - 8 feet
Minimum Required Rear Yard - 15 feet
Maximum Building Height - 35 feet
Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X
Landscape. Landscaping shall be provided in accordance with the requirements of Article XI.
Section 6.7 C-3 General Business District
Permitted Uses. See Article VII Entitled Table of Permitted and Conditional Uses.
Dimensional Requirements. The following dimensional requirements shall apply in the C-3 District:
Minimum Required Lot Area - None
Minimum Required Lot Width- None
Minimum Required Front Yard - 20 feet
Minimum Required Side Yards - 8 feet
Minimum Required Rear Yard - 15 feet
Maximum Building Height - 35 feet
Location of Accessory Buildings and Structures - Accessory buildings and structures shall be placed in accordance with the provisions of Section 4.11.
Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the requirements of Article IX.
Signs. Signs shall be regulated by the requirements of Article X.
Landscaping. Landscaping shall be provided in accordance with the requirements of Article XI.
Section 6.8 Conditional Use Districts (CUD)
Purpose. The purpose of the CU Districts is to provide a procedure for considering the rezoning of property based upon the recognition that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. For example, it may be that a certain lot zoned R-2 adjoining a C-3 area should not reasonably be expected to remain classified as R-2 but rezoning the lot to C-3 (with all legal uses permitted and minimum requirements applicable) would only aggravate and extend a land use relationship problem. It is possible, however, that if the owner of the R-2 property applied for rezoning to CU-C-3 and agreed to certain development conditions and use limitations (stricter requirements and fewer uses than permitted in the C-3 District) the rezoning could not only offer a reasonable use for the property but help solve a land relationship problem.
Requirements within a Conditional Use District. Only those uses authorized as permitted in the zoning district with the CUD corresponds shall be permitted, and all other requirements of the corresponding district shall be met as minimum standards. In addition, within a CUD no use shall be permitted except pursuant to a Conditional Use Permit authorized by the Board of Commissioners, which shall specify the use or uses authorized. Such permit may further specify the location on the property of the proposed use or uses the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the location and extent of right-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request, but not to include architectural review or controls or other conditions not generally a part of land development controls. In granting a Conditional Use Permit the Board of Commissioners may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured, and substantial justice done.
Section 6.9 Overlay Districts
Flood Damage Prevention District
Purpose. The Flood Damage Prevention District establishes standards to minimize public and private losses due to flood conditions in specific areas.
General Development Standards
he Caswell County Flood Damage Prevention Ordinance as it applies within the jurisdiction of the Town of Milton is hereby adopted and incorporated by reference as the Flood Damage Prevention Overlay
District for the Zoning Ordinance and the development standards of the Flood Damage Prevention Ordinance shall apply as appropriate.
Historic District (HD) N.C.G.S. 160D, Article 9, Part 4
Purpose. The Historic District establishes regulations which will help maintain the historic integrity of certain areas within the Town.
Designation Procedure. Historic districts, as provided for herein may be designated, amended, or repealed through the following procedure:
An investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any such proposed district, and a description of the boundaries of such district shall be prepared by the Historic Preservation Commission and a recommendation thereon made to the Planning Board.
The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his designee, shall make an analysis of and recommendations concerning such report and the description of proposed boundaries. Failure of the Department of Cultural Resources to submit its written analysis and recommendation to the Town within thirty (30) calendar days after a written request for such analysis has been received shall relieve the Town of any responsibility for awaiting such analysis. The Town may at any time thereafter take any necessary action to adopt or amend this Ordinance with regard to historic districts.
The Board of Commissioners may also refer the report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action.
Changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the Town, shall require the preparation of investigative studies by the Historic Preservation Commission; and they shall be referred to the Department of Cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of this subsection.
The Planning Board shall review the recommendations and shall process the historic district overlay as a zoning map amendment in the same manner set forth in this Ordinance.
Dimensional Regulations and Exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
All street setback, interior setback, building coverage, and height requirements shall comply with applicable zoning regulations unless a variance is approved by the Board of Adjustment. The variance shall be granted only if it complies with the intent of the architectural and historic guidelines of the historic district.
Where the Historic Preservation Commission, in considering an application for a Certificate of Appropriateness, shall find that the number of off-street parking spaces and/or design standards for parking lots specified by this Ordinance would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a variance to the provisions of the off-street parking requirements and/or design standards. The Board of Adjustment may authorize as a variance a reduced standard concerning off-street parking provided it finds: that the lesser standard will not create problems due to increase on-street parking; and that the lesser standard will not create a threat to the public safety.
Certain Changes Not Prohibited. Nothing in this section shall be construed to prevent he following:
The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, or outer appearance thereof.
The construction, reconstruction, alteration, restoration, moving or demolition of any such feature if the building inspector or Zoning Enforcement Officer has certified in writing to the Historic Preservation Commission that such action is required to protect the public safety because of unsafe or dangerous conditions.
The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, and/or replacement of streetlight fixtures in the event of_ equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms and the like.
Certificate of Appropriateness Required:
After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a Certificate of Appropriateness as to exterior features has been submitted and approved by the Historic Preservation Commission.
"Exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors. light fixtures, signs and other appurtenant fixtures.
In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size, and location of all such signs . Such "exterior features" may include historic signs, color and significant landscape, archaeological, and natural features of the area.
The Historic Preservation Commission may impose standards as may be set forth elsewhere in this subsection or adopted by the Commission. Any building permit not issued in conformity with this subsection shall be invalid.
The discontinuance of work or the lack of progress toward achieving compliance with the Certificate of Appropriateness for a period of one (1) year shall render the Certificate null and void and of no effect and application shall be made for a new Certificate. However, in the event the issuance of a Certificate is appealed, the one (1) year period shall not commence until a final decision is reached regarding the matter.
The Commission may, after adoption of architectural and historic guidelines, allow the Zoning Administrator or his designee to review and approve minor work provided, however, that no application for a Certificate of Appropriateness may be denied without formal action by the Historic Preservation Commission.
The Town and all public utilities, except as provided under subsection (4) above (Certain Changes Not Prohibited), shall be required to obtain a Certificate of Appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks, or exterior of buildings or structures on property or streets in which they have a fee or other interest.
Application Procedures:
Application for a Certificate of Appropriateness shall be made to the Historic Preservation Commission on forms provided. The application shall be filed no later than fourteen (14) days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction, or demolition.
The Historic Preservation Commission shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application or a Certificate of Appropriateness. The Commission shall act upon the application ninety (90) days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a Certificate of Appropriateness shall be issued. Nothing herein shall prohibit an extension of time where agreement has been reached between the Commission and the applicant.
Prior to issuance or denial of a Certificate of Appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the Commission deems necessary it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
The Commission shall not refuse to issue a Certificate of Appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines adopted by the Commission.
An appeal may be taken to the Board of Adjustment from the Historic Preservation Commission’s action in granting or denying any certificate. The appeal may be taken by any aggrieved party; shall be taken within fifteen 15 days after the decision of the Commission; and shall be in the nature of certiorari.
Any appeal from the Board of Adjustment's decision in any such case shall be heard by the Superior Court of the County.
Review Criteria:
In granting a Certificate of Appropriateness, the Historic Preservation Commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure.
The Commission shall not consider interior arrangement.
The provisions of this subsection shall not become effective for a historic district until after the Commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every five (5) years. At a minimum, the criteria shall contain guidelines addressing the following factors.
Historic Significance or Quality. The quality or significance in history, architecture, archeology, or culture present in districts, sites, structures, buildings, or objects that possess integrity of location, design, setting, materials, workmanship, and feeling and association:
that are associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or that are associated with the lives of persons significant in the past; o that embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master or that possess high artistic values; or that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, State or national history; and
Exterior Form and Appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
Exterior features as described in subsection 5. above (Certificate of Appropriateness Required);
Height of the building or structure; Setback and placement on lot of the building or structure, including lot coverage and orientation-
Exterior construction materials, including textures, patterns colors.; Architectural detailing, such as lintels, cornices, brick bond, foundation materials and decorative wooden features; Roof shapes, forms and materials Proportions, shapes, positioning and locations, patterns, and sizes of any elements of fenestration;
General form and proportions of buildings and structures;
Appurtenant fixtures and other features such as lighting;
Structural condition and soundness;
Use of local or regional architectural traditions; and Effect of trees and other landscaping elements.
Delay in Demolition of Landmarks and Buildings;
An application for a Certificate of Appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure, or site within the district may not be denied except as provided in this Section. However, the effective date of such a Certificate may be delayed for a period of up to three hundred sixty-five (365) days from the date of approval. The
maximum period of delay authorized by this subsection shall be reduced by the Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the Commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
If the Historic Preservation Commission has recommended designation of a property as a landmark or designation of an area as a district, final designation has not been made by the Board of Commissioners, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to one hundred eighty (180) days or until the Board of Commissioners takes final action on the designation, whichever occurs first.
The Board of Commissioners may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards
to protect property owners from undue economic hardship.
An application for a Certificate of Appropriateness authorizing the demolition or destruction of a building. site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.