§ 5.02. Accessory Uses and Structures

A.

Generally

1.

No permit for an accessory use or structure shall be issued until and unless a permit has been issued for the principal use or structure.

2.

An accessory building or structure is a subordinate building or structure, the use of which is secondary to and supports the principal building.

3.

Accessory structures shall not be located between the front of a principal building and the street right-of-way or front property line with the exception of gazebos which shall meet a ten (10) foot setback and be located outside the site distance triangle.

4.

Accessory structures shall conform to the setback requirements of the underlying zoning district, except as herein modified.

a.

Maximum building coverage of a required rear yard shall not exceed thirty percent (30%).

b.

The required side and rear yard setback shall be increased two (2) feet for every one (1) foot an accessory structure exceeds twenty (20) feet in height, provided the accessory structure shall not exceed the height of the principal building.

c.

An accessory structure intended for human occupancy shall conform to the requirements of Section 5.02C.

d.

Accessory structures in residential districts may be allowed a side yard setback of three (3) feet, provided the structure is located entirely behind the principal building, no closer than five (5) feet to another structure on same lot, or within twenty (20) feet of a structure used for human habitation on an adjoining lot. Accessory structures in non-residential districts O-1, O & I-2, B-1, B-2, B-3, CB and CBP shall be located on the same lot as the principal structure and all storage shall be within an enclosed structure; any type of outdoor storage is prohibited. Accessory structures in non-residential districts B-4 and B-5 shall be located on the same lot as the principal structure. In B-4, B-5, LI and HI districts outdoor storage is permitted in the side and rear yards provided that the area devoted to outdoor storage is screened from view with vegetation.

e.

When an accessory structure is located on a lot abutting more than one (1) public right-of-way, it shall comply with setbacks in the underlying zoning district along all streets.

5.

Accessory structures may be used for a home occupation provided the requirements of Section 5.02 I. can be met.

B.

Accessory Amenities

1.

Non-illuminated pools, tennis courts and other recreational amenities shall be located no closer than six (6) feet to an adjacent residential lot.

2.

Externally lighted pools, tennis courts and other recreational amenities shall be located no closer than fifty (50) feet to an adjacent residential lot.

3.

A minimum four (4) feet high fence shall enclose all swimming pools.

C.

Accessory Dwellings

Accessory dwelling units may be permitted in single-family residential zoning districts subject to the following requirements:

1.

Accessory dwellings must comply with all applicable local, State and Federal housing codes; and

2.

Only one (1) accessory dwelling shall be permitted per lot; and

3.

The accessory dwelling shall not exceed fifty percent (50%)of the square footage of the livable area of the primary structure or one thousand (1,000) square feet of gross floor area, whichever is less; and

4.

Accessory dwellings cannot be sold separately from the property or the principal dwelling unit; and

5.

Accessory dwellings shall be limited to parcels where the owner occupies the primary or accessory dwelling; and

6.

Accessory dwellings shall be located in the defined rear yard; and

7.

Accessory dwellings shall comply with the front yard setbacks for the district in which the accessory dwelling is located. The required rear and side yard setbacks may be reduced to a minimum of five (5) feet; and

8.

The accessory dwelling must be located a minimum of ten (10) feet from any other structure; and

9.

The accessory dwelling must comply with the height limitations for the district in which it is located; and

10.

The exterior of the accessory dwelling shall be compatible with the principal residence in terms of color, siding, roof pitch, window detailing, roofing materials, and foundation. Manufactured homes are not permitted as accessory dwelling units; and

11.

Adequate off-street parking shall be provided for any vehicles owned by occupants of the accessory dwelling.

D.

Child/Adult Home Day Care

Adult/Child home day care facilities shall maintain residential characteristics of primary use for residential purposes. All requirements of the North Carolina Department of Human Resources must be met. A fenced play area is required for children.

E.

Child Care Accessory to Use

Onsite child care for children of business employees may be permitted provided that all regulations of the North Carolina Department of Human Resources shall be met and a secured, fenced outside play area shall be provided.

F.

Dormitories

These may be permitted as an accessory use to a college, technical, nursing or similar school, subject to the following:

1.

Off-street parking shall be provided in the side or rear yards;

2.

One (1) non-illuminated sign not to exceed nine (9) square feet may be erected;

3.

Structure design and bulk shall be compatible with the surrounding neighborhood;

4.

Outdoor lighting sources shall not be directly visible to adjacent properties.

G.

Furniture Refinishing & Repair

These may be permitted subject to the following:

1.

Shall be an accessory to retail sales.

2.

All activity shall be conducted within an enclosed structure.

3.

A list of finishing and stripping materials, amounts and location of storage shall be provided to the City of Statesville Fire Marshal and updated as necessary.

H.

Garage, Shared

These may be permitted subject to the following:

1.

A shared double garage, configured so one-half (½) is located on each of two (2) lots, shall be permitted in any residential district.

2.

The owners of both properties shall submit a written request for a shared garage with the building permit application and a shared access easement shall be recorded.

3.

No side yard setback for the common lot line shall be required.

I.

Home Occupations

These may be permitted subject to the following:

1.

Purpose

a.

To permit and regulate the conduct of home occupations as an accessory and secondary use to a dwelling unit, whether owner or renter occupied;

b.

To ensure that such home occupations are compatible with, and do not have a harmful effect on nearby residential properties and uses;

c.

To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations;

d.

To allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions and criteria;

e.

To enable the fair and consistent enforcement of these home occupation regulations; and

f.

To promote and protect the public health, safety and general welfare.

2.

Home occupations are authorized if they comply with the performance standards established in these Regulations:

a.

Shall only be operated by a full-time resident of the property, shall not employ or use persons on the site who are not residents of the dwelling and shall not allow on-site assembly of workers or crew.

b.

The home in which the occupation occurs shall look like a residential dwelling and not a business establishment. An accessory structure in which the occupation occurs shall be compatible with the architecture and materials of the principal residential dwelling.

c.

Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property.

d.

Shall be conducted only in the dwelling or accessory structure, provided no more than twenty-five percent (25%) of the total floor space of the principal dwelling is used for the home occupation.

e.

No more than two (2) home occupations shall be permitted on a residential lot.

f.

There shall be no exterior displays, no exterior storage of vehicles, equipment, including unlicensed equipment or materials, and no open lot storage.

g.

Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted.

h.

Home occupations shall not produce offensive noise, vibration, smoke electrical interference, dust, odors or heat. Noise levels from the home occupation, detectable at the property line, shall not exceed those generated by the primary use. Noise, vibration, smoke, electrical interference, dust, odors or heat shall not exceed those generated by the primary use and shall not be detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multifamily structure.

i.

Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customary in a residential area.

j.

No equipment or delivery vehicles shall exceed eight (8) ton capacity.

k.

Shall comply with applicable State and County licenses and inspections.

3.

The following home occupations shall be subject to all applicable home occupation regulations and standards of this Section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met:

a.

Artists, sculptors, composers with no sales permitted on the premises;

b.

Craft work, such as jewelry-making and pottery, with no sales permitted on the premises;

c.

Home offices with no sales or client visits permitted on the premises; and

d.

E-commerce, computer internet usage for commerce, service or consulting with no sales or client visits permitted on the premises.

4.

The following are expressly prohibited as home occupations:

a.

Animal hospitals;

b.

Physicians, dentists and chiropractors;

c.

Dance studios, except that a dance studio for fewer than fifteen (15) total students may be allowed on a collector or arterial street;

d.

Exercise studios;

e.

Mortuaries;

f.

Nursery schools;

g.

Private clubs;

h.

Repair shops;

i.

Restaurants;

j.

Stables and kennels;

k.

Automobile repair and paint shops.

5.

If, in the opinion of the Planning Director, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Planning Director shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Planning Director may take any action to make the home occupation and dwelling safe. Costs incurred by the Planning Director, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to these Regulations.

6.

The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation. Any proposed home occupation that is neither specifically permitted nor prohibited shall, in order to be established, be an activity normally performed in household surroundings and safely conducted in the presence of children and pets.

J.

Motor Vehicle Repair, Personal

The repair of a motor vehicle may be permitted in any residential zoning district as an accessory use subject to the following:

1.

Minor repairs and maintenance, defined for purposes of this Section as changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid and lubricating oil, the replacement of sparkplugs or ignition points, the rotation of tires and checking of adequate tire pressure and the replacement of drive belts and hydraulic lines, may be performed on the property.

2.

Major repairs may be performed on the property but shall be restricted to totally enclosed spaces.

3.

The motor vehicle must be registered to the property owner residing at the property at which the repairs or maintenance are performed and shall have current State of North Carolina license plates be designated by the State of North Carolina as an antique or horseless carriage.

4.

Motor vehicle repair and maintenance shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m.

K.

Parking of Vehicles in Residential District

Personal, commercial and recreational vehicles may be parked or stored upon the property subject to the following conditions:

1.

At no time shall vehicles other than electric powered personal automobiles be connected to any utility services.

2.

An owner of domestic and recreation vehicles, boats and/or trailers may park or store such vehicles on his private residential property, subject to the following limitations:

(a)

At no time shall such vehicles be occupied or used for living, sleeping or housekeeping purposes.

(b)

Parking is permitted anywhere on a lot for loading and unloading purposes for a period not exceeding twenty-four (24) hours.

(c)

The parking said vehicles shall be prohibited in the area between the street and the front yard, except that the parking of motor vehicles and trailers are permitted upon a driveway or parking area constructed of concrete, asphalt, gravel or any other material commonly used for parking of vehicles, but not including grass or dirt.

3.

Commercial vehicles. The parking of more than one (1) commercial vehicle per lot in any residential district is prohibited except where such vehicles are located within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district. In no case shall commercial vehicles in excess of two (2) axles or tractor trailers be permitted to park within any residential district except in the residential agricultural district. This excludes buses for churches, schools and nonprofit agencies when such buses are parked on the subject property. The requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district so long as the vehicle does not remain on site in excess of forty-eight (48) hours.

L.

Parking of Oversized Vehicles in the Central Business, Central Business Perimeter, H-115 and Municipal Service Districts

In no case shall commercial vehicles in excess of two (2) axles or tractor trailers (excluding charter buses) be permitted to park anytime except for loading and unloading and the temporary use of units related to construction activities. The use of trailers for seasonal sales shall be allowed upon the issuance of a permit by the City. Existing trailers currently being used as an integral part of a business being operated in these districts are grandfathered.