Proposed Ordinances

Introduced: February 12, 2018
Adopted:
Effective:
                                                                         CITY OF CHARLOTTE
                                                                     ORDINANCE NO. 2018-01
                                AN ORDINANCE TO AMEND SECTION 82-454 OF CHAPTER
                                82 – ZONING – OF THE CODE OF THE CITY OF CHARLOTTE
                                TO PROVIDE NEW REGULATIONS FOR DETACHED                                                  ACCESSORY STRUCTURES IN CERTAIN ZONES, AND TO
                                REGULATE THE STORAGE OF RECREATIONAL
                                EQUIPMENT OWNED BY RESIDENTS WITHIN THE CITY                                        OF CHARLOTTE.

Councilmember _______________ moved the following:

THE CITY OF CHARLOTTE ORDAINS:

Section 82-454 of Chapter 82 – Zoning – of the Code of the City of Charlotte is hereby amended to read as follows:

§ 82-454 ACCESSORY BUILDINGS AND USES.

Accessory buildings, structures and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations.

(A) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this chapter applicable to main buildings.

(B) Accessory buildings shall not be erected in any minimum side or front yard setback.

(C) A building accessory to a residential building may occupy not more than 25% of required rear yard, provided that in no instance shall the accessory building exceed 100% of the ground floor area of the main building. On a corner lot all of the land to the rear of the house may be utilized in the computation of percent of lot coverage for accessory buildings.

(D) A detached building accessory to a residential building shall not be located closer than ten feet to any main building nor shall it be located closer than three feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall be no closer than one foot to such rear lot line. In no instance shall an accessory structure be located within a dedicated easement right-of-way.

(E) Detached accessory structures in the R-1, R-2, RT, RM-1, RM-2, MH, OS-1, B-1 and P-1
Districts shall be subject to the following height restrictions:
(1) When the primary residential structure on the parcel is a two-story structure, the total height of an accessory building permitted under this section shall not exceed the total height of the principal building, or 20 feet, whichever is less.
(2) When the primary residential structure on the parcel is a one-story structure, the total height of an accessory building permitted under this section shall not exceed 1.5 times the total height of the principal building, or 18 feet, whichever is less.
(3) Accessory structures taller than 14 feet shall have a rear and side yard setback equal or
greater to the height of the building.
(4) When the detached accessory building is located in a rear yard with a ground elevation lower than that surrounding the primary residential structure, the height of the accessory building may be measured from a plane parallel to the first floor of the primary residential structure.
(5) In no case shall a residential accessory structure have a flat roof.
(6) Accessory structures in all other districts may be constructed to equal the permitted
maximum height of structures in such districts.

(F) When a building accessory to a residential building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, such building shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, such building shall not project beyond the side yard line of the lot in the rear of such corner lot. In no instance shall a building accessory to a residential building be located nearer than ten feet to a street right-of-way line.

(G) Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site. Design elements that should be considered in determining compatibility include: exterior building material (which need not be identical to the principal building but compatible in appearance), roof style and pitch, architectural style, and color.

(H) The provisions concerning the size and height in this section shall not apply to accessory buildings on a farm (such as barns and silos).

(I) Satellite dish antennas are subject to the following.
(1) Satellite dish antennas in all residential districts:
(a) Roof-mounted antennas shall be located only on the rear one-half of the roof (that portion of the roof furthest from the street upon which the residential building abuts) so that it will be screened from the street side;
(b) Roof-mounted antenna shall not project upward beyond the height in feet allowed for the main building within the district in which the satellite dish antenna is being placed;
(c) Ground-mounted antennas shall only be located in the rear yard and shall not extend into any rear extension of required side yards;
(d) Ground-mounted antennas shall not project upward more than eight feet.
(2) Satellite dish antennas in all other districts:
(a) No ground-mounted antennas shall be permitted;
(b) A roof-mounted antenna shall not project upward beyond ten feet measured from the roof upon which it is mounted. The combined height of the building and antenna shall not exceed the maximum allowable height for a building designated for that particular district in which the antenna is to be mounted.
(c) Building permits will be required before any satellite dish antenna with a diameter exceeding 24 inches may be installed and the installation of the antenna must conform to all requirements of the city code.

(J) Wireless transmission antennas and towers are subject to the following the requirements of §82-459.
(1) A maximum height limit of 60 feet for towers and antennas is permitted in residential
districts.
(2) No maximum height limit is required in nonresidential districts.
(3) In all districts a tower or antenna shall be located on the parcel or lot in such manner that the base of the tower or antenna is set back from all property lines not less than the height of the tower or antenna.

(K) Recreational equipment owned by residents of the City may be stored on their individual lots in accordance with the provisions of this section.
(1) All recreational equipment parked or stored shall not be connected to sanitary facilities; and shall not be occupied, except as provided in subsection (a) of this section.
(a) In any residential district it shall be lawful for only nonpaying guests at a residence to occupy a single recreational vehicle for a period not exceeding 72 hours. The total number of days during which recreational vehicles may be occupied under this subsection shall not exceed 10 in any calendar year on the premises of a dwelling unit.
(2) Recreational equipment shall be maintained in a clean, well-kept state so
anywhere on the premises, or within a public right-of-way area where street parking is permitted, during active loading or unloading.
(f) The combined area covered by the dwelling, accessory structures, and the area covered by the outside storage of such units shall not exceed 40% of the net lot area.
(5) The provisions of this section shall not apply to recreational equipment officially designated for barrier-free use in accordance with state law, and used as the regular means of transportation by or for a handicapped person.

(L) The parking of a trailer coach, travel trailer or camper trailer when in use or occupied for periods exceeding 24 hours on lands not approved for such use shall be expressly prohibited, except that the Building Official may extend temporary permits allowing the parking of such trailer coach, travel trailer or camper trailer in a rear yard on private property, not to exceed a period of two weeks. All trailer coaches, travel trailers or camper trailers parked or stored shall not be connected to sanitary facilities.

(M) A resident of a dwelling unit may have not more than one motorized vehicle for sale on the site of such dwelling unit at any time and in no instance shall vacant residential lots or parcels be utilized for the sale of vehicles. A resident may conduct minor automobile repairs of vehicles of the resident such as oil changes and tune ups between the hours from sunrise to sunset on the property of the resident’s dwelling unit; however, in no instance shall a resident repair the vehicle of other than a resident of the dwelling unit on such property. The sale of vehicles from a residential property shall not exceed two vehicles in any one year for a period not to exceed two weeks in any one year.

(N) Freestanding solar panels shall be considered an accessory building and shall be subject to the requirements for such, together with all other applicable building codes and ordinances.

(O) Wind generators may be permitted in rear yards when the following conditions are met.
(1) The highest point of any portion of the generator shall not exceed 35 feet above the average grade of the lot.
(2) The generator device shall be placed no closer to any side or rear lot line than the total
distance between the grade of the lot at the base of the tower and the highest point of any portion of the generator.
(3) The maximum diameter formed by a circle encompassing the outermost portions of the
blades or other wind activated surfaces shall not exceed 30% of the distance between the ground and the highest point of any portion of the wind generator. The generator shall be so located that no portion of the structure would penetrate the vertical plane of any adjacent property line if it were to topple over in its normally assembled configuration.
(4) The construction of the tower, blades, base structure, accessory building and wiring shall meet all applicable local building codes and ordinances.

(P) In all office, service and business districts, rooftop equipment and apparatus shall be screened from ground level by being housed in a penthouse or structure constructed of the same type of building materials used in the principal structure or by building design.

(Q) Temporary carport and storage structures shall be under the jurisdiction of the Zoning Board of Appeals.

This ordinance shall become effective 20 days after adoption and that the above ordinance be passed to a second reading.

Second, ___________. ______________ ( ) Yeas. ( ) Nays.

Dated:

__________________            __________________
Timothy M. Lewis, Mayor             Ginger Terpstra, Clerk