§ 21-277. Exceptions and modifications.

(a)

Minor structures and improvements. Except where otherwise expressly addressed, the following minor, accessory structures and improvements on individual lots or parcels are not intended to be regulated by this chapter:

(1)

Flagpoles and mailboxes;

(2)

Landscaping features such as fences, trees and shrubs, terraces, gazebos, and similar items;

(3)

Piers, wharves, and bulkheads;

(4)

Recreational improvements such as swing sets and playgrounds;

(5)

Wells and pumphouses.

(b)

Utilities. Except where otherwise expressly addressed, the following utility structures and facilities are not intended to be regulated by this chapter:

(1)

Utility lines, pipes, cables, and associated minor equipment and structures, including transformers, pumping stations, "signal boosters," and maintenance buildings;

(2)

Electronics cabinets for telephone switching and similar devises used by public service providers;

(3)

Water towers or tanks;

(4)

Water systems or sewage disposal systems as an exclusive accessory use for a development project; and

(5)

Solar energy systems located on the roof or exterior wall of any building and systems located within a NCDOT right-of-way are not intended to be regulated herein unless located within the portion of the approach surface contained by the horizontal surface of the AZO and exceed 6,000 sq.ft. solar collector area. Systems that meet these standards must provide an approved FAA form 7460-1 prior to receiving a zoning permit.

(c)

Exceptions to front setback requirements for dwellings. Setback requirements for dwellings may be modified when the setbacks of contiguous existing buildings are less than required. These decreased setbacks are determined by computing the average setback on adjacent lots one hundred (100) feet on either side of the lot of the proposed dwelling. The modified setback may be equivalent to the average setback or ten (10) feet from the rights-of-way line, whichever is greater.

(d)

Antennae for private or public safety use. Antennae for private use or for use by "police protection" or "fire protection" are exempt from the requirements contained in sections 21-56 (6)(d)(e) and (f). Private, non-commercial antennae exempted under this provision include: residential radio and television, private citizen's bands, amateur (HAM) radio and any others determined as similar by the Zoning Administrator on a case-by-case basis.

(Ord. of 1-19-98, § XII; Ord. of 2-1-99(1); Amend. of 3-4-13; Amend. of 12-2-13; Amend. of 9-6-16)