§ 6.9. Miscellaneous General Provisions and Use Regulations

To the extent any special requirements (for example as contained in Article 7 or in the DO-A or DO-B Overlay Districts) or conditions for conditional uses contain requirements similar to those contained in the following sections, then they shall control over these general requirements; provided however, where the requirements do not directly conflict, then these general requirements shall supplement.

6.9.1

Customary Home Occupations.

A.

Customary home occupations may be established in any principal dwelling unit or accessory structure (such as a garage) as allowed by North Carolina State Building Code. Customary home occupations shall be incidental to a residential unit and shall not be considered a substitute to traditional retail establishments that rely on a substantial amount of walk-in traffic. Customary home occupation requirements shown herein shall apply in addition to all other applicable requirements of this Ordinance for the district in which such principal dwelling unit is located.

B.

The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the exterior residential character of the dwelling.

C.

Use of the dwelling for the home occupation shall be limited to twenty-five (25) percent of the gross heated floor area of the principal structure.

D.

The operator of the customary home occupation must reside on the same lot as where the customary home occupation takes place. Residents of the dwelling plus a maximum of one nonresident may be engaged in the customary home occupation or otherwise report to work at the dwelling.

E.

No products, goods, materials, or equipment associated with the customary home occupation shall be visible from any adjoining street or properties. All such products, goods, materials or equipment shall be stored within the residential dwelling unit or garage or other accessory structure. On-premise sales of products are limited to those made or reconditioned on the premises and those that are necessary to the service being provided.

F.

No external alterations inconsistent with the residential use of the dwelling shall be permitted and outside display of goods for sale or rent is prohibited.

G.

Only vehicles used primarily as passenger vehicles (i.e., passenger automobiles, passenger vans and passenger pickup trucks) shall be permitted in connection with the conduct of the customary home occupation. No more than two (2) vehicles shall be used in conjunction with the customary home occupation. Parking in association with the customary home occupation shall only take place in the driveway or garage. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicles than would normally be expected in a residential neighborhood.

H.

Chemical, mechanical or electrical equipment or any other activity associated with the customary home occupation that creates odors, light emission, noises or interference in radio or television reception detectable outside the dwelling shall be prohibited.

I.

Hours of operation shall be between the hours of 8:00 a.m. to 8:00 p.m. only.

J.

Private instruction in the school of the arts of music, dance and similar subjects shall be limited to a maximum of two (2) students at a time (including the number of persons waiting on the property to receive such instruction).

K.

The Administrator shall have the authority to allow a customary home occupation that is not listed above, provided the Administrator determines that the use will be harmonious with all existing and potential nearby residential uses and meets all of the performance criteria associated with customary home occupations listed herein.

L.

The application process for a Customary Home Occupation Permit is located in Section 8.7.2.

M.

The Applicant shall, at all times, be and remain responsible to obtain whatever additional permits or licenses may be required by Mecklenburg County or the State of North Carolina (for example, the Mecklenburg County Department of Health inspects kitchen facilities and requires a separate permit for food preparation). Any permit issued hereunder by the Town satisfies only the zoning requirement and shall not be deemed an approval, permit or license fulfilling any other legal requirements that any customary home occupation may require under law.

6.9.2

Fences and Walls Permitted. Unless otherwise noted in this Ordinance (for example, as a special requirement in the DO-A or DO-B Overlay District) or approved by the Board of Commissioners as part of a conditional district, fences and walls permitted in the various districts are subject to the following regulations:

A.

In residential districts (including the O-A District), the maximum height of a fence or wall shall be as follows:

1.

Front yard: Five (5) feet.

2.

Side yard: Seven (7) feet.

3.

Rear yard: Seven (7) feet.

All privacy fences for reverse frontage lots (whether privately owned or part of an approved uniform plan) which are located adjacent to a thoroughfare or a collector street right-of-way shall be installed with landscaping so that no more than one-third ( 1/3 ) of the fence surface area shall be visible from the right-of-way within three (3) years of the erection of the fence. The minimum required plant materials must be evergreen, however, it may be enhanced with deciduous plantings. In all cases, the fence shall be set back a minimum of ten (10) feet from the property line in order to allow space for the shrubs or trees to grow, mature and be maintained. The finished side of the fence shall face towards the right-of-way.

B.

In commercial or industrial districts, the maximum height of a fence or wall shall be as follows:

1.

Front yard: Five (5) feet.

2.

Side yard: Eight (8) feet.

3.

Rear yard: Eight (8) feet.

C.

The capital of a fence post or column may extend up to one foot above the maximum height limit, provided said capitals are spaced at least five (5) feet apart.

D.

No fence or wall shall be constructed within a utility easement or a storm drainage easement which will block or materially impede the flow of stormwater runoff.

E.

For all fence installations, the finished side of the fence shall face the outside of the fenced area.

F.

Fences or walls shall comply with the visibility at intersection requirements of Section 6.9.5.

G.

All fences shall be maintained in a safe manner plumb (vertical) to the ground. Fences no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement or otherwise, shall be repaired, replaced or demolished at the expense of the property owner.

6.9.3

Lot to Abut a Public Street. No building or structure shall be erected or located, nor shall any principal use be instituted on a lot which does not abut a public street except as set forth in Section 6.1.2.

6.9.4

One Principal Building. No more than one single-family dwelling unit (consisting of a principal structure and any allowable accessory structures, such as a garage or mother-in-law suite meeting the accessory structure requirements of Section 6.9.7) shall be permitted on a lot or parcel of land in the single-family dwelling districts. No more than one principal building shall be permitted on a lot or parcel of land in the office-apartment district, unless otherwise stated in this Ordinance.

6.9.5

Visibility at Intersections. Visibility at all intersections shall comply with the most recent NCDOT standards.

6.9.6

Temporary Uses and Structures.

A.

Temporary structures and uses, when in compliance with this Ordinance and all other ordinances of the Town of Mint Hill, shall be approved by the administrator. The following temporary structures and uses shall be permitted:

1.

In the event of a disaster, the result of which would require the rebuilding of a dwelling, the owner and his family may occupy a trailer or mobile home on the property.

2.

Trailers and temporary buildings, when used by a contractor for field offices and storage during the building of structures on the same site.

3.

Carnivals, circuses, turkey shoots, sales of Christmas trees, 4-H shows, block parties, parades, outdoor auctions, flea markets and other commercial and charitable uses of a limited nature and for a limited time.

4.

Structures, whether temporary or permanent, located in a subdivision, and used as sales offices for the subdivision development. At the completion of the sales in a tract, the temporary structure shall be removed, and the permanent structure, temporarily used as a sales office, shall be used only for the purpose for which it was constructed.

5.

Any owner/operator of a farmer's market must receive a temporary permit in advance from the Town which describes the type of sale involved and the duration of the operation. The Town reserves the right to revoke such permit in the event said owner/operator does not adhere to the following conditions:

a.

The farmer's market may only be located on property zoned B-G and DO-B. The temporary use shall not operate as an extension of the principal use on the property. The temporary use shall not be located on a lot which adjoins a residential use unless the lot is located on a major thoroughfare.

b.

The farmer's market shall not involve or require the construction of a permanent building.

c.

Signs will be limited to a maximum of thirty-two (32) square feet, shall be of a temporary nature, shall not be lit or luminous, shall conform to all setbacks in the B-G or DO-B Zoning Districts and shall be removed upon cessation of the farmer's market.

d.

Adequate on-site parking spaces and maneuvering space shall be provided. Paved parking areas and driveways are not required.

e.

All parking and maneuvering areas shall observe a fifteen-foot setback from all road rights-of-way and from any adjoining property zoned residential.

f.

The owner/operator is responsible for the removal within ten (10) days of any vestige upon cessation of the farmer's market, including signage.

g.

The owner/operator shall be responsible for garbage and debris removal from the site at the termination of each business day.

6.9.7

Accessory Uses and Structures.

A.

Minor uses or structures which are necessary to the operation or the enjoyment of a permitted principal use and are appropriate, incidental and subordinate to any such uses, shall be permitted in all districts as an accessory use, subject to the following:

1.

Such accessory uses or structures shall be permitted only on the same lot as the principal permitted use. The total square footage of all accessory structures combined shall be less than the square footage of the principal structure.

2.

Such accessory uses or structures must comply with the front yard setback and with the side street setback on a corner lot except as provided for in Subsection 7.2.3(E).

3.

Such accessory structures or uses must comply with side yard requirements contained in Section 6.1.1, (Dimensional Requirements), except as provided in Subsection 6.9.7(A)(4).

4.

Detached accessory structures may be located within eight (8) feet of side or rear property lines when located within the established rear yard as defined in Article 2, provided that all other pertinent provisions of this Ordinance are complied with.

5.

In R (Residential) Districts no accessory use shall be permitted that involves or requires any construction features not residential in character.

6.

Except for detached garages (see Subsection 6.9.7(A)(11)), nonresidential uses allowed by Conditional District, or as otherwise set forth herein, an accessory structure in any R (Residential) District (including, for example a mother-in-law suite), shall not exceed eighteen (18) feet in height. Except for detached garages (see Subsection 6.9.7(A)(11)), no accessory building may exceed 900 square feet of total floor area per building.

7.

A detached accessory building in an R (Residential) District shall not be located closer than ten (10) feet to a principal structure.

8.

An accessory building, attached to, or which is part of, a principal structure, shall comply with all the yard requirements of a principal structure.

9.

Livestock is not permitted to be kept on any property unless (a) the property is a farm or (b) such property is in a single-family residential district and the requirements of this Section are satisfied. Livestock, for noncommercial purposes, may be kept in a single-family dwelling district on a lot having a minimum area of two (2) acres, upon which lot no more than two (2) animals shall be permitted. For each additional one acre of land, one additional animal shall be permitted. Any property upon which livestock is kept shall be maintained in a clean and sanitary manner and shall comply with all health regulations of Mecklenburg County, in addition to the following:

a.

Any structure housing livestock shall be located a minimum distance of one hundred (100) feet from any street property line or the equivalent thereto as provided in Section 6.1.3 (Measurement of Setbacks or Building Lines), or any interior lot line.

b.

Refuse removed from any structure housing livestock and stockpiled for future use or disposal shall be located no closer than one hundred (100) feet to any residence. Adequate steps shall be taken to reduce odor and flies attracted to such refuse.

c.

All property owners currently violating this provision shall be given until August 4, 2003, to come into compliance with this provision, provided this "grace period" shall not apply to any other zoning violations or other violations of law that are the result of the presence of livestock on a property. Thus, for example, if livestock on a property violates any provision of the Animal Control Ordinance, any action authorized pursuant to the Animal Control Ordinance may be pursued immediately without regard to this paragraph.

10.

In the R (Residential) District, a greenhouse shall comply with all the yard requirements herein required for accessory uses. Such structure, or combined area of all such structures, shall be limited to four hundred (400) square feet and shall not be over fifteen (15) feet in height.

11.

A detached garage in any residential district shall comply with all yard requirements herein required for accessory uses. Such structure is limited to nine hundred (900) square feet of total footprint floor area and the maximum height allowed in the R District. For detached garages with a floor area footprint over nine hundred (900) square feet, the Administrator may approve if the following requirements can be met:

a.

The site must consist of two (2) or more acres; and

b.

The garage must be located in the rear yard; and

c.

The rear and side setbacks are increased to twenty (20) feet; and

d.

A site plan drawn to scale of the property along with the location of the garage and any other structures must be provided; and

e.

Elevations must be provided that indicate exterior building materials will be compatible with exterior building materials of principal structure; and

f.

The purpose and intended use must be stated on the application; and

g.

No business may be operated in a detached garage except as permitted by a Customary Home Occupation Permit (see Sections 6.9.1 and 8.7.2); and

h.

Buffers or additional screening may be required depending on circumstances of the site.

12.

A satellite dish, in any district except residential, shall comply with all the yard requirements herein required for accessory uses.

13.

In a residential district, a satellite dish shall comply with all the yard requirements herein required for accessory uses, in addition to the following:

a.

A satellite dish shall not be permitted within the established front yard as defined in Article 2.

b.

A satellite dish shall not be located closer than ten (10) feet to a principal structure with the exception of a satellite dish eighteen (18) inches or smaller which may be mounted on a structure.

14.

In a residential district, a swimming pool shall comply with all the yard requirements herein required for accessory uses.

15.

In a commercial or industrial district, an automatic car wash shall comply with all the yard requirements herein required for accessory uses, in addition to the following:

a.

An automatic car wash shall not be permitted within the "established front yard" as defined in Article 2.

b.

In cases where the automatic car wash is adjacent to residential zoning the setbacks will be twenty (20) feet.

c.

Such automatic car wash must comply with the provisions of Section 7.1.11.

16.

No more than one mother-in-law suite shall be permitted per principal structure.

17.

Any accessory building that requires a building permit shall be constructed with the same external materials as the principle structure (e.g., brick, hardi-plank siding, cedar shingles, etc.) on the lot and shall be designed, located and constructed in keeping with the quality and character of the development and surrounding structures. This requirement shall apply to new construction and shall also apply to renovation or adaptive reuse construction for an accessory building (e.g., converting a detached garage to a mother-in-law suite).

6.9.8

Outdoor Lighting. Outdoor lighting shall be so located as not to reflect on adjacent property or on public streets in such manner as to adversely affect the enjoyment of adjacent property or endanger the motorist traversing such public streets.

6.9.9

Setbacks for Outdoor Storage. The storage of goods, materials and equipment, where permitted on a permanent or continuous basis, shall be so arranged as to meet all the yard requirements for accessory structures, as required in Section 6.9.7 (Accessory Uses and Structures).

6.9.10

Commercial Vehicle Parking in Residential Districts. The parking of one commercial vehicle which does not require a gross weight dependent commercial driver's license to operate shall be permitted on the premises of any dwelling unit within all residentially zoned properties when such vehicle is used for transportation to and from work. Such vehicles shall be permitted without a Conditional District rezoning. All other commercial vehicle parking in Residential Districts requires a Conditional District rezoning approval and the minimum requirements found in Section 7.2.21 shall apply.

6.9.11

Uses of Trailers, Mobile Homes and Similar Structures. A structure that has been designed for permanent or temporary occupancy for dwelling purposes, or for transport of goods and fitted with wheels for the purpose of transporting such structure over public roads to its destination, shall not be used for any purpose other than for a dwelling and then only where permitted in compliance with all applicable provisions of this Ordinance, except that such a structure may be used for purposes other than for a dwelling, on a temporary basis, in compliance with Section 6.9.6 of this Ordinance.

(Ord. No. 598, 4-14-2011)