This Article contains all the standards related to the use of land in the Town's planning jurisdiction, and is organized by the three kinds of land uses: principal, accessory, or temporary use.

(a)

Principal uses are the primary, permanent use types proposed on a lot (like a single-family home).

(b)

Accessory uses are subordinate to the principal use located on the same lot (like a detached garage serving a single-family home) and may be a structure or an activity.

(c)

Temporary uses are structures or activities allowed for a short duration of time (like a portable storage container used for the purposes of storing or moving a household's belongings).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Use types are the specific individual principal uses included within a particular use classification.

(b)

Individual use types are defined in Article 10, Measurement and Definitions.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Developments with multiple principal uses, such as shopping centers, shall incorporate only those use types allowed in the applicable zoning district.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

In the event that a proposed principal or accessory use type is not listed in Principal Use Table, and such land use is not listed as a prohibited use, or is not otherwise prohibited by law, the Town Planner shall determine whether a materially similar use type exists in this Ordinance.

(b)

The Town Planner shall determine whether or not an unlisted use is similar to an existing use type set out in the Principal Use Table, based on the definitions in this Ordinance, and the standards for unlisted uses in § 30-3306 Determinations and interpretations. Nothing shall limit the Town Planner from seeking input from Town staff, the Planning Board, or the Town Council in making a determination of how to categorize an unlisted use.

(c)

Should the Town Planner determine that a materially similar land use does exist, the regulations governing that land use shall apply to the unlisted use type and the Town Planner's determination shall be recorded in writing.

(d)

In cases where a proposed unlisted use type is not found to be similar to an existing use type, the Town Planner may, but shall not be required to, initiate a text amendment application to revise the text of this Ordinance to add the use type in accordance with § 30-3320, Text amendment.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Principal Use Table lists the range of allowable principal uses, the zoning districts where they are permitted, and the procedure to be followed for their establishment. The table also includes cross references to any applicable use-specific standards that may apply to a principal use.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

A "P" in a cell of the table indicates that the specific use type is permitted by-right in the corresponding zoning district, subject to compliance with any additional use-specific standards referenced in the principal use table, and any other applicable standards in this Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

An "S" in a cell of the table indicates that the specific use type is permitted in the corresponding zoning district only upon approval of a special use permit in accordance with § 30-3318, Special use permit, any additional use-specific standards referenced in the Principal Use Table, and any other applicable requirements of this Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

An "A" in a cell of the table indicates that the specific use type is permitted in a planned development district, provided the specific use type is included in the list of potential use types in the master plan or terms and conditions document. If a use is not listed, then it is not permitted within the planned development.

(b)

Allowed uses are subject to any additional use-specific standards referenced in the principal use table.

(c)

If a use type is listed as not permitted in a planned development district in the table, it may not be included in a master plan or terms and conditions statement.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

An "X" in a cell of the table indicates that the specific use type is not permitted in the corresponding zoning district.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

When a specific use type is permitted in a zoning district, there may be use standards that are applicable. Such additional standards are referenced in the table column titled "Use Standards." These standards shall apply to a specific use type regardless of the zoning district, unless otherwise specified.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The following table sets out the range of allowable principal uses by zoning district.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Agri-tourism. Agri-tourism shall be subject to the district dimensional requirements where located, and shall require approval of a site plan in accordance with § 30-3317. Nothing shall limit the sale of concessions or products grown on site as part of an agri-tourism use.

(b)

Agriculture and horticulture. Agriculture and horticulture uses (structures and activities) taking place outside of a bona fide farm use shall be located at least 50 feet from any lot line shared with a residential zoning district and at least 100 feet from any existing residence on an adjacent lot.

(c)

Agriculture support service. Such uses shall be limited to a maximum of 6,500 gross square feet of floor area in the CB district.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Assisted living facility. Such uses shall not be primarily for the treatment of contagious diseases, mental illness, or addiction.

(b)

Family care home.

(1)

Family care homes shall comply with the standards in § 160D-907 of the North Carolina General Statutes.

(2)

A lot containing a family care home shall not be located within one-half mile (2,640 feet) of another lot containing a family care home or a group home.

(c)

Group home. A group home shall comply with the following standards:

(1)

A lot containing a group home shall not be located within one-half mile (2,640 feet) of another lot containing a family care home or another group home;

(2)

The use shall be operated in a manner that is compatible with the surrounding neighborhood and shall not be detrimental to adjacent lands as a result of traffic, noise, refuse, parking, loitering, or other activities;

(3)

The number of occupants in a group home shall be limited to the maximum number that may be accommodated while at the same time complying with all applicable Town regulations and State requirements;

(4)

The use shall maintain a residential appearance compatible with its surroundings when proposed in a residential or mixed-use district; and

(5)

The use shall meet all State requirements, as well as all applicable housing and building code requirements.

(d)

Manufactured dwelling. A manufactured dwelling shall comply with 160D-910 of the North Carolina General Statutes, and the following standards:

(1)

All class A and B manufactured homes, regardless of availability of public utilities, shall have a minimum lot size of one acre;

(2)

Class A manufactured homes shall have a minimum 80-foot-wide front yard width and shall front on and the front door shall be parallel to the roadway and/or the access road;

(3)

It shall be occupied only as a single-family dwelling;

(4)

It shall be configured in accordance with the standards established by the North Carolina Department of Insurance and the most current version of the State of North Carolina Regulations for Manufactured Homes;

(5)

It shall maintain a minimum width of 16 feet;

(6)

It shall be oriented with the longest axis parallel to the lot frontage, to the maximum extent practicable;

(7)

The towing apparatus, wheels, axles, and transporting lights shall be removed;

(8)

It shall include a continuous, permanent masonry foundation or masonry curtain wall of solid brick or brick veneer, installed under the perimeter and unpierced except for required ventilation and access;

(9)

It shall include stairs, porches, entrance platforms, ramps, and other means of entrance and exit that are installed or constructed in accordance with the standards set by the North Carolina Building Code. They shall be attached firmly to the primary structure and anchored securely to the ground;

(10)

It shall maintain exterior siding comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, which consists of one or more of the following:

a.

Vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint);

b.

Cedar or other wood siding;

c.

Stucco siding; or

d.

Brick or stone siding;

(11)

It shall maintain a roof pitch with a minimum vertical rise of three feet for each 12 feet of horizontal run;

(12)

It shall include a roof finished with a Class C or better roofing material that is commonly used in standard residential construction;

(13)

It shall provide an eave projection of no less than six inches, which may include a gutter; and

(14)

In no instance shall a manufactured home be used solely for the purposes of storage.

(e)

Manufactured home park.

(1)

Utility requirements. All manufactured home parks shall conform to the following utility requirements:

a.

An accessible adequate, safe supply of water shall be provided in each residential-manufactured home park. When a municipal water supply is not available, a community water supply shall be developed and its supply used exclusively in accordance with the standards of all applicable State, County and Town agencies.

b.

Adequate and safe sewage disposal facilities shall be provided in all residential-manufactured home parks. Collection systems and sewage treatment plants shall comply with the standards of all applicable State, County, and Town agencies. Individual septic tank systems can be considered, if soil, topography, and groundwater conditions are favorable and such systems are approved by the appropriate State, County, and local agencies.

c.

To protect the public health and monitor on-site wastewater systems, an environmental health authorization to relocate a manufactured/mobile home on a vacated or about to be vacated manufactured/mobile home space served by a septic tank within a manufactured home park is required. This authorization will be needed prior to issuing a building permit. The environmental authorization requirement is part of the laws and rules governing the operation of septic systems under provisions of 15A NCAC .1900 or § 130A-337(c) of the North Carolina General Statutes. Once a relocation application is received at the environmental health office, a member of the staff will make a visit to the lot in question to determine if the septic system appears to be in operating order. If the septic system appears to be functioning properly then an authorization to relocate a manufactured home on that lot will be issued. At that point, the owner of the manufactured home can secure a building permit.

d.

All utilities, including piping, phone, electricity, and cable, shall be underground.

(2)

Streets and parking. All manufactured home parks shall conform to the following street and parking requirements:

a.

All streets in a manufactured home park shall meet the road construction standards as set forth in the latest edition of the NCDOT subdivision roads minimum construction standards.

b.

Maintenance of such streets shall be provided by the owner or operator of the park.

c.

Permanent dead-end streets or cul-de-sac shall not exceed 1,000 feet in length and shall be provided with a turnaround of at least 100 feet in diameter.

d.

New street names or manufactured home park names shall not duplicate, or be similar to, existing street names or manufactured home park names in the Town.

e.

The developer shall be required to provide and erect street name signs to State standards at all intersections within the manufactured home park.

f.

Sidewalks, or a paved pedestrian walkways, shall be provided along all streets within the manufactured home park.

g.

A minimum of two off-street automobile parking spaces surfaced with an all-weather surface such as concrete, asphalt, or crushed stone shall be provided adjacent to each manufactured home space but shall not be located within any public right-of-way or within any accessway in the park.

h.

All spaces within a manufactured home park shall be serially numbered for mailing address purposes. These numbers shall be displayed in the front of the manufactured home on the driveway side with four-inch lettering.

i.

All streets in the manufactured home park shall be adequately illuminated in accordance with § 30-6302.

(3)

Sidewalks.

a.

Sidewalks shall be located on at least one side of each street within the manufactured home park.

b.

Sidewalks shall be five feet in width located fronting arterial, collector, local, and private streets.

(4)

Residential-manufactured home park use/appearance requirements. All uses within a manufactured home park shall conform to the following regulations:

a.

Abandoned vehicle. No junked or abandoned vehicles shall be allowed.

b.

Additions. No living compartment or structure other than a "Florida-type" room, or other prefabricated structure, specifically designed for manufactured home use or extension, shall be added to any manufactured home. Porches covered with a roof and open on three sides may be permitted if yard space requirements of this Article are not violated.

c.

Administrative office. An administrative office may be permitted in accordance with the State Building Code.

d.

Building proportion. The main portion of the building, when viewed from the front lot line, shall have a building length not exceeding six times the building width.

e.

Dwelling configuration. All manufactured homes shall comply with the standards for individual manufactured dwellings in § 30-5302(d), Manufactured dwelling, except that no continuous, permanent masonry foundation or masonry curtain wall of solid brick or brick veneer, shall be required under the perimeter of the dwelling.

f.

Evacuation plan. Each manufactured home park in the flood damage prevention area shall have an evacuation plan indicating alternate vehicular access and escape routes. All manufactured homes to be placed in flood prone areas shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top ties at each of the four corners of the manufactured home with two additional ties per side at intermediate locations.

g.

Mailboxes. When more than five rural mailboxes are used for mail delivery, the approval of the local post office department and the State department of transportation shall be required.

h.

Project identification sign. Park identification signs shall comply with the standards for a monument sign in accordance with § 30-6806, Signs in residential districts.

(5)

Solid waste. The residential-manufactured home park management shall be responsible for the proper storage, collection, and disposal of solid waste in accordance with § 30-6901 Collection of solid waste and recycling.

(6)

Resident requirements. All residential-manufactured home park residents must be required to comply with an established set of requirements through contracts, restrictive covenants, or other valid means. Failure to enforce such restrictions subjects the property to revocation of the manufacturing home park zoning.

(7)

Landscape requirements.

a.

All manufactured home parks shall be landscaped in accordance with § 30-6501, Landscaping.

b.

A landscaped buffer strip shall be provided at all exterior property lines and shall consist of an approved wall, fence, or a planted strip at least eight feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 20 feet apart and not less than one row of dense shrubs, spaced not more than five feet apart and five feet in height; after one growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.

(8)

Conformance with residential-manufactured home park standards.

a.

It shall be unlawful for any person to construct or engage in the construction of any manufactured home park or make any addition or alteration to an existing manufactured home park within the Town's planning jurisdiction unless a final plan of the manufactured home park has been approved in accordance with this section.

b.

No new manufactured home park or manufactured home park addition shall be occupied until a certificate of occupancy has been issued by the County inspections department.

c.

The owners, management, or occupants to whom a construction permit for a manufactured home park is issued shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

d.

The County inspections department may, after due notice, subject to the right of appeal, suspend or revoke the certificate of occupancy for failure to maintain the park in compliance with the provisions of this section.

e.

The certificate of occupancy may be revoked for a specific section of a manufactured home park which is in violation and occupancy allowed to continue in portions of the park which are in conformity with the certificate of occupancy. The Town Planner and the Johnston County Inspections and Environmental Health Departments may conduct as many inspections of manufactured home parks as are deemed necessary to ensure the compliance of applicable standards.

(9)

Certificate of occupancy and compliance.

a.

The Town Council will authorize the Town Planner to issue a zoning compliance certificate prior to the issuance of a County inspections department certificate of occupancy and compliance.

b.

A certificate of occupancy must be authorized and issued by the inspections department prior to occupancy of a manufactured home park. Construction must conform to the approved plan.

c.

A certificate of occupancy may be issued if all required work, other than the completion of the foundation skirting, is completed, provided that a certificate of completion is issued by the Town Planner within 90 days of the issuance of the certificate of occupancy.

d.

If no certificate of completion is issued within 90 days, the certificate of occupancy shall be void.

(f)

Nursing home.

(1)

Such uses shall not be primarily for the treatment of contagious diseases, mental illness, or addiction.

(2)

Nursing homes in the CB district shall be limited to a maximum of 18 patients.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2021-11-1 (UDO-TA-1-21), § 1, 11-15-2021)

(a)

Church. All buildings shall be set back at least 20 feet from any lot line.

(b)

Day care, adult. Such uses shall be limited to a maximum of 12 adults in the CB district.

(c)

Day care, child.

(1)

Such uses shall be limited to a maximum of 2,500 gross square feet in the NB district and a maximum of 5,000 gross square feet in the CB district.

(2)

Day care uses taking place within a private dwelling are treated as an accessory use (see Division 4).

(d)

Health care use. Medical clinics, outpatient treatment facilities, and urgent care uses shall be limited to a maximum of 12,500 gross square feet in the CB district.

(e)

Telecommunications facilities.

(1)

Purpose and intent. This section establishes general standards for the siting of wireless telecommunications facilities that will provide for the public health, safety, and welfare. The standards are intended to ensure that residents, businesses, and public safety operations in the Town's planning jurisdiction have reliable access to wireless communications services. More specifically, the provisions of this section are intended to:

a.

Ensure adequate protection of residential areas and uses from potential adverse impacts of wireless communications facilities, and to generally encourage the location of these facilities in areas where adverse impact on the community is minimal;

b.

Encourage the placement of wireless telecommunications facilities in non-residential areas;

c.

Minimize the number of new major telecommunications towers generally;

d.

Create conditions where wireless telecommunications service providers are able to provide wireless telecommunications services effectively and efficiently in accordance with State and federal law;

e.

Strongly encourage the joint use or collocation of new and existing wireless telecommunications facilities so as to minimize the number of new telecommunications towers throughout the Town;

f.

Establish collocation and concealed towers as the preferred options for the accommodation of wireless telecommunications equipment; and

g.

Ensure that wireless telecommunications facilities located within the public right of way do not obstruct sight distance triangles or create safety hazards for pedestrians or bicyclists.

(2)

Applicability. The standards in this section shall apply to all wireless telecommunications facilities except for the following, which are exempted from these standards but remain subject to all other applicable standards in this Ordinance:

a.

Removal of antennas, antenna support structures, or wireless telecommunications equipment on an existing telecommunications tower, utility pole, vertical projection, or equipment compound that does not result in a substantial modification;

b.

The operation of a small wireless facility solely within the interior of a structure, stadium, or athletic facility;

c.

Routine maintenance on an existing wireless telecommunication facility;

d.

Installation, modification, or operation of a micro-wireless facility, receive-only television antenna, or receive-only radio antenna for noncommercial use;

e.

Installation, modification, or operation of FCC-licensed amateur ("ham") radio equipment; and

f.

Dish antenna or earth stations.

(3)

Retention of expert assistance and reimbursement by applicant. The Town may hire any consultant and/or expert necessary to assist the Town in reviewing and evaluating application for a wireless telecommunications facility, including the construction and modification of the site, in accordance with these standards.

a.

Upon filing an application, an applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of any application, including the construction and modification of the site, once permitted.

b.

The initial deposit shall be in the amount set forth in the adopted fee schedule and shall be paid at the time the application is submitted. The Town will maintain a separate escrow account for all such funds.

c.

The Town consultants/experts shall invoice the Town for its services in reviewing the application, including the construction and modification of the site, once permitted.

d.

If at any time during the process this escrow account has a balance less than an amount set forth in the adopted fee schedule, the applicant shall immediately, upon notification by the Town, replenish the escrow account so that it maintains the minimum required balance. Any additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application.

e.

In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

(4)

Wireless telecommunications facilities distinguished. The following use types and configurations are considered to be wireless telecommunications facilities subject to these requirements:

a.

New and replacement major telecommunication towers of 50 feet in height or taller;

b.

New and replacement minor telecommunication towers of up to 50 feet in height;

c.

Stealth or concealed telecommunication towers, antennae, or wireless telecommunications equipment;

d.

Major collocations of antennae and associated equipment on existing towers, buildings, or other vertical projections;

e.

Minor collocations of antennae and associated equipment on existing towers, buildings, or other vertical projections; and

f.

The installation of small wireless telecommunications facilities on land outside a public street right-of-way.

(5)

General standards applicable to all types of wireless telecommunications facilities. The following requirements shall apply to all new wireless telecommunications facilities and any modifications to an existing wireless telecommunications facility that exceeds the scope of routine maintenance, as defined in this section.

a.

Building permit required. Prior to installation or modification exceeding the scope of routine maintenance, all wireless telecommunications facilities shall receive a building permit in accordance with the requirements in this Ordinance.

b.

Compliance with federal and state regulations. All wireless telecommunication facilities shall comply with or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government that regulates telecommunications facilities. In addition to federal requirements, all wireless telecommunication facilities shall comply with or exceed current standards and regulations of the State of North Carolina pertaining to wireless telecommunications facilities in §§ 160D-930 through 160D-934 of the North Carolina General Statutes.

c.

Interference. No wireless communication facility shall disturb, diminish, or interfere with public safety, radio, television, or other wireless telecommunications signals in accordance with FCC requirements.

d.

Structurally sound. All elements of a wireless telecommunication facility shall demonstrate, to the satisfaction of the Town, that the equipment and the structure supporting the equipment is structurally sound and can accommodate the proposed equipment and appurtenances.

e.

Sight distance at intersections. All elements of a wireless telecommunication facility shall be located outside of, and shall in no way obstruct, required sight distance triangles. This requirement shall apply to existing streets as well as to future street intersections that have been designed or where right-of-way is currently being protected by the Town or the State.

f.

Accessory equipment. Accessory equipment, including any buildings, cabinets, or shelters, shall be used only for the purposes of housing wireless telecommunications equipment and other supplies in direct support of the operation of the wireless telecommunications facility. Any equipment or materials not used in direct support of such operation shall not be stored on the site.

g.

Obstruction lighting. Lighting of a wireless telecommunications facility shall be limited to that required for compliance with FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Nighttime strobing or flashing lights are prohibited, unless required by the FAA.

h.

Signage. Signage shall be limited to safety or informational signage identifying the party responsible for the operation and maintenance of the facility and any additional security or safety signs, as necessary, in the opinion of the Town Planner.

i.

Unauthorized access prohibited. Telecommunications towers and vertical projections with wireless telecommunications equipment with a height of 30 feet above grade or more shall be designed or configured to prevent unauthorized persons from climbing on the wireless telecommunication facility whether through use of walls or fencing with a minimum height of six feet above adjacent grade, or anti-climbing devices.

j.

Nonconforming wireless telecommunications facilities.

1.

Lawfully established wireless telecommunications facilities in operation prior to June 7, 2021, that do not comply with these standards may remain and operate as nonconforming uses.

2.

Ordinary and routine maintenance may be performed on a nonconforming wireless telecommunications facility.

3.

Minor collocation of antennae, antenna-support structures, and related wireless telecommunications equipment is allowed, provided that the overall height of the existing nonconforming wireless telecommunications facility remains unchanged or is reduced.

4.

In no instance shall a collocation resulting in an increased overall height or a requiring substantial modification, as defined in this section and § 160D-932 of the North Carolina General Statutes, be permitted on a nonconforming wireless telecommunications facility.

5.

In the event a nonconforming telecommunications tower is removed, it shall not be replaced with another nonconforming wireless telecommunications tower.

k.

Cessation.

1.

A wireless telecommunication facility shall be considered to have ceased operation if the Town receives written notice from a wireless services provider that it intends to cease operations at a particular wireless telecommunication facility, or a wireless telecommunications facility ceases to transmit a wireless telecommunications signal for a period of 30 consecutive days or longer.

2.

Upon receipt of a written notice from a wireless services provider or upon determination that a wireless communication facility has ceased operation, the Town shall forward written documentation of the cessation to the wireless services provider, or the owner of the land, if different.

l.

Abandonment.

1.

The wireless telecommunications facility shall be deemed abandoned if wireless telecommunications signals do not resume for a period of 180 consecutive days or longer from the date the written documentation of cessation is filed.

2.

Upon making a determination that a wireless telecommunications facility has been abandoned, the Town shall forward written documentation of the abandonment to the wireless services provider, or the owner of the land, if different.

m.

Removal.

1.

The Town may require the wireless services provider or the owner of the land, if different, to remove an abandoned wireless telecommunications facility within 30 days of the date it is deemed abandoned.

2.

Should the wireless services provider, or the owner of the land, if different, fail to remove the abandoned telecommunications facility within 30 days of the date that notice of abandonment is filed, the Town may cause the wireless telecommunications facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider, or the owner of the land, if different.

(6)

Standards for specific types of wireless telecommunication facilities.

a.

Collocations distinguished. All collocations shall be classified as either a major collocation or a minor collocation in accordance with Article 10, and the following:

1.

A major collocation includes placement of antennas, antenna-support structures, and related wireless telecommunications equipment on any of the following: a building's roof; a building's wall; a vertical projection such as a water tank, electric transmission tower, or similar vertical projection not constructed for the sole purpose of providing wireless telecommunications services; or an existing or replacement telecommunications tower where the collocation requires a substantial modification, as defined in these standards and § 160D-931 of the North Carolina General Statutes.

2.

A minor collocation includes placement of antennas, antenna-support structures, and related wireless telecommunications equipment on an existing or replacement telecommunications tower, provided no substantial modification, as defined in these standards and § 160D-931 of the North Carolina General Statutes, is required. A minor collocation may also be referred to as an "eligible facility," as defined in these standards and § 160D-931 of the North Carolina General Statutes.

3.

In addition to the placement of antennas and antenna-support structures, collocations may also include the placement of wireless telecommunications equipment on a telecommunications tower, on a vertical projection, on the ground in close proximity to a telecommunications tower or vertical project, within an equipment compound, within an equipment cabinet, within a building, or on a building's roof. Nothing shall prohibit the replacement of an existing telecommunications tower or activities that increase the overall height of an existing telecommunications tower in order to accommodate a proposed collocation.

4.

Substantial modification. Collocations on an existing or replacement telecommunications tower that require or result in any of the following shall be considered a substantial modification: a) Increasing the existing overall height of the telecommunications tower by the greater of: 20 feet or more than ten percent; or b) Adding an appurtenance (excluding cabling supports) to the body of an existing telecommunications tower that protrudes horizontally from the edge of the tower by the greater of: more than the width of the telecommunications tower at the height of the appurtenance; or more than 20 feet from the edge of the tower; or c) Increasing the square footage of an existing equipment compound by more than 2,500 square feet. Substantial modifications that require an increase in the overall height of an existing telecommunications tower or require a replacement tower that exceeds the height of the existing telecommunications tower by more than 40 feet shall require review as a new telecommunication tower.

5.

Maximum height. Antennae, antenna-support structures, or other wireless telecommunications equipment, associated with a major collocation on a building wall or roof shall not project more than ten feet above the highest point of the building's roof or parapet wall.

6.

Method of attachment. Antennae, antenna-support structures, or other wireless telecommunications equipment, associated with a collocation shall be mechanically fastened to the building, roof, vertical projection, or telecommunications tower in a manner that minimizes the potential for structural failure or endangerment of the public from falling wireless telecommunications equipment. The Town Planner shall require an applicant for a collocation to furnish evidence from a professional engineer licensed in the State of North Carolina that the proposed collocation meets the applicable State and local building and fire code requirements.

7.

Appearance when concealed. When a collocation is proposed on a concealed telecommunications tower, the collocation shall be configured in the manner necessary to ensure the tower's concealment is not compromised or negatively impacted.

8.

Setbacks. In cases where an existing telecommunication tower's height is increased or where an existing telecommunications tower is replaced in order to accommodate a collocation, the existing or replacement tower shall be set back at least one foot from the front, side, and rear lot lines for each foot of overall wireless telecommunications facility height, to the maximum extent practicable. Accessory structures, including equipment cabinets, guy wire anchors, and other ground-based equipment shall conform with the applicable dimensional requirements for the zoning district where located.

b.

Telecommunications tower, major. A new or replacement telecommunications tower with a height of 50 feet or more above grade is a major telecommunications tower subject to these standards. A new or replacement telecommunications tower with a height less than 50 feet above grade shall be considered a minor telecommunications tower.

1.

Setbacks. Towers and their associated antennas shall be set back at least one foot from the front, side, and rear lot lines for each foot of overall wireless telecommunications facility height. In cases where an existing telecommunication tower's height is increased or where an existing telecommunications tower is replaced in order to accommodate a major or minor collocation, the existing or replacement tower shall comply with the setback requirements, to the maximum extent practicable.

2.

Maximum height. The maximum height (including antenna and other appurtenances) for any new, replaced, or collocated wireless telecommunication tower is 200 feet, as measured from the adjacent pre-construction grade to the top of the highest appurtenance on the tower. In no instance shall the collocation of an eligible facility or a collocation that constitutes a substantial modification result in a telecommunication tower with a height that exceeds 200 feet above the adjacent pre-construction grade. In cases where a telecommunications tower is mounted to or on top of a building, the overall height of the building and the attached tower shall not exceed 200 feet from the adjacent preconstruction grade. The adjacent pre-construction grade shall be the grade at the base of the building closest to the tower.

3.

Collocation required. Telecommunications towers shall be designed to accommodate the present and future needs of the owner and as well as the collocation of additional equipment, in accordance with the following standards: a) Towers of 50 to 80 feet in height shall be configured to accommodate the collocation of at least two wireless telecommunications service provider's equipment; b) Towers of 81 to 130 feet in height shall be configured to accommodate the collocation of at least three wireless telecommunications service provider's equipment; c) Towers of 131 feet in height or higher shall be configured to accommodate the collocation of at least four wireless telecommunications service provider's equipment.

c.

Telecommunications tower, minor. A concealed telecommunications tower is a telecommunications tower and associated equipment that is designed to appear as something other than a traditional wireless communications facility. A minor wireless telecommunications tower is a use that is designed to appear as a traditional wireless communications facility except that the maximum height of the tower portion of the facility is less than 30 feet above grade.

1.

Appearance of a concealed telecommunications tower. A concealed telecommunications tower shall be configured to conceal the presence of the tower, antennas, antenna-support structures, and related wireless telecommunications equipment in order to obscure its purpose as a wireless telecommunications facility, to the maximum extent practicable. Allowable configurations include, but are not limited to: bell towers, clock towers, water towers, silos, chimneys, steeples, light poles, flag poles, or evergreen trees. Antennae, antenna support structures, cabling, and related appurtenances shall be enclosed, camouflaged, screened, or otherwise obscured so that they are not readily identifiable as wireless telecommunications equipment to the casual observer.

2.

Setbacks. Concealed and minor telecommunications towers and associated accessory structures, including equipment cabinets, shall comply with the applicable dimensional requirements for non-residential uses in the zoning district where located. In no instance shall a concealed or minor telecommunications tower be exempted from the minimum applicable setback requirements for non-residential uses. In cases where an existing concealed telecommunication tower's height is increased or where an existing concealed telecommunications tower is replaced in order to accommodate a major or minor collocation, the existing or replacement concealed telecommunications tower shall comply with the setback requirements above, to the maximum extent practicable.

3.

Maximum height. The maximum height for any concealed wireless telecommunication tower is 200 feet, as measured from the adjacent pre-construction grade to the top of the highest appurtenance on the tower. In no instance shall a collocation of an eligible facility or work associated with a substantial modification result in a concealed telecommunication tower with a height that exceeds 200 feet above the adjacent pre-construction grade. The maximum height for a minor telecommunications tower is less than 50 feet from the adjacent pre-construction grade to the top of the highest appurtenance on the tower.

4.

Collocation. Concealed and minor telecommunications towers are encouraged (but not required) to accommodate the collocation of other antennae. Collocations of equipment on a minor telecommunications tower (whether a major or minor collocation) shall not increase the overall height of the tower by more than 10 feet beyond the initially approved height of the minor telecommunications tower. Actions that result in an increase in tower height by more than 10 feet shall require the minor telecommunications tower to undergo review as a major telecommunications tower. Any collocated equipment on a concealed telecommunications tower must maintain the appearance of the facility as a concealed telecommunications tower. In no instance shall a concealed telecommunications tower be replaced with a telecommunications tower that is not concealed in order to accommodate a collocation.

d.

Wireless communications facilities, small. An applicant may file a single consolidated application for up to 25 separate small wireless facilities at one time, but the Town may choose to issue separate decisions on one or more of the facilities included within a consolidated application.

1.

Located within public right-of-way. In cases where a small wireless facility is proposed within a public right-of-way, the small wireless facility shall comply with all standards applicable to the right-of-way.

2.

Timeframe for review. Applications for establishment of a small wireless facility shall be processed and decided within 45 days from the date the application is determined to be complete. Nothing shall prohibit the Town and the applicant from mutually agreeing to a longer review period.

3.

Timing for operation. Construction of a small wireless facility shall commence within six months of its approval and the small wireless facility shall be activated for use within one year from the permit issuance date, unless delayed by a lack of commercial power at the site.

4.

Maximum equipment size. In no instance shall a small wireless facility exceed the following maximum size limitations; a small wireless facility that exceeds these maximum size limitations shall be reviewed in accordance with the standards for a collocation: a) Each antenna, and any exposed elements, shall be capable of fitting within an enclosure of six cubic feet, or less; b) All other wireless equipment associated with the small wireless facility shall maintain a maximum cumulative volume of 28 cubic feet, or less. The following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or the support structure.

5.

Maximum height. No new structure intended to support a small wireless facility shall be taller than 50 feet above the adjacent pre-construction grade. An existing structure (such as a utility pole, light standard, sign, etc.) may be replaced in order to accommodate a small wireless facility, but the replacement structure shall not exceed the height of the original structure being replaced. In no instance shall the antennae or equipment associated with a small wireless facility project more than ten feet above the height of the structure the small wireless facility is mounted on. In cases where a new structure installed to serve a small wireless facility exceeds 50 feet in height, the structure shall be reviewed and decided in accordance with the standards for a telecommunications tower. In cases where a replacement structure intended to serve a small wireless exceeds the height of the original structure, the replacement structure shall be reviewed and decided in accordance with the standards for a collocation.

6.

Placement. A small wireless facility, including the support structure and all other equipment, shall not obstruct the safe passage of vehicles, pedestrians, or bicycles.

7.

Method of attachment. Antennae, antenna-support structures, or other wireless communications equipment, associated with a small wireless facility shall be mechanically fastened to the supporting structure in a manner that minimizes the potential for structural failure or endangerment of the public from falling wireless telecommunications equipment. The Town Planner shall require an applicant for a small wireless facility to furnish evidence from a professional engineer licensed in the State of North Carolina that the proposed wireless telecommunications facility meets the applicable State and local building and fire code requirements.

8.

Appearance. The portion of a small wireless facility attached to the support structure shall match the color of the support structure, to the maximum extent practicable. In cases where an applicant proposes inclusion of a small wireless facility on a decorative support structure, sign, or other existing structure not constructed solely for the purposes of providing wireless telecommunications services, the Town may require the small wireless facility to be configured or concealed to ensure compatibility with the structure.

9.

Electrical service. In cases where a small wireless facility is proposed in areas where electrical service is underground, all electrical service to the small wireless facility shall also be underground.

(f)

Utilities, major and minor.

(1)

All utilities shall comply with the following standards:

a.

Where possible, utilities should be located on lots interior to a development rather than on lots abutting streets;

b.

All dangerous apparatus shall be enclosed by a fence or wall at least eight feet in height;

c.

Major utilities may only be located on lots that meet the dimensional requirements for the zoning district where located. Minor utilities may be on lots, leaseholds, or easements that do not meet the minimum dimensional standards for lots in the district where located;

d.

The design of buildings, structures, and facilities located in residential neighborhoods shall conform as closely as possible to the character of development in the area to ensure compatibility. Utility placement and screening may also be used as a means of ensuring compatibility;

e.

No vehicles, trailers, or materials shall be stored outdoors on the premises;

f.

Portions of properties not used for facilities, off-street parking, or related services shall be maintained with natural ground cover; and

g.

Service and storage yards shall not be permitted within utility facilities located in residential or OI districts.

(2)

Ground-based electrical substations and transformers shall be considered as minor utilities and shall also comply with the following additional standards:

a.

Ground-based electrical substations and transformers may only be located on a lot of one acre in area when located in a residential or OI district;

b.

Ground-based electrical substations and transformers shall include non-climbable fences or comparable safety devises to limit accessibility by the general public;

c.

Ground-based electrical substations and transformers shall include a durable masonry wall, fence, hedge, or other natural planting of comparable opacity shall be provided along the exterior lot lines abutting a lot in a residential or OI district;

d.

Walls, fences, or hedges required in this section shall be between five and seven feet in height measured from the ground along the lot line; and

e.

Plantings shall maintain an initial height of at least three feet at time of planting and shall achieve an average height of six feet within two years of the time of planting.

(3)

Communications or relay towers associated with a utility use type shall comply with the following additional standards:

a.

Communications or relay towers associated with a utility use type may only be located on a lot of one acre in area when located in a residential or OI district; and

b.

The minimum distance from the base of any tower to the nearest property line shall be equal to the height of the tower.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Automotive painting/body shop. These uses shall comply with the following standards:

(1)

Buildings shall be limited to a gross floor area of up to 2,000 square feet within the CB district;

(2)

No more than eight vehicles may be stored outside overnight;

(3)

Any vehicles or materials stored overnight shall be located within a designated storage area; and

(4)

All storage areas shall be enclosed by a fully opaque fence or wall with a minimum height of six feet.

(b)

Automotive parts and accessory sales. These uses are limited to a maximum of 6,500 square feet of floor area per lot.

(c)

Automobile repair and servicing (without painting/bodywork). These uses shall comply with the following standards:

(1)

Buildings shall be limited to a gross floor area of up to 2,000 square feet within the CB district;

(2)

No more than eight vehicles may be stored outside overnight;

(3)

Any vehicles or materials stored overnight shall be located within a designated storage area; and

(4)

All storage areas shall be enclosed by a fully opaque fence or wall with a minimum height of six feet.

(d)

Automobile sales or rentals. Uses primarily involving the sales or rental of automobiles, trucks, or recreational vehicles shall comply with the following standards:

(1)

Vehicle display areas shall be surfaced with concrete, asphalt, or other permanent surfacing material other than crushed stone;

(2)

No vehicles or other similar items shall be displayed on the top of a building;

(3)

All lights and lighting shall be designed and arranged so no source of light is directly visible from any abutting residential property; and

(4)

Repair and service functions are permitted as an accessory use provided all repair-related activities take place within an enclosed building.

(e)

Automotive towing and storage lot. Automotive towing and storage lot uses shall comply with the following requirements:

(1)

A maximum of no more than 50 vehicles at any one time shall be stored on the property.

(2)

All towed vehicles must be stored in an approved vehicle towing and storage area.

(3)

The minimum size of the fenced storage area shall be 3,000 square feet.

(4)

An opaque chain link fence (with slats) or chain link fence supplemented with evergreen vegetation, of a minimum height necessary to fully screen all vehicles stored on the site, shall be provided around all accessible sides of the storage area.

(5)

All entrances to and from the storage area shall be secured and locked whenever an employee is not present on the property.

(6)

The storage area shall be paved with asphalt or concrete to minimize dust emissions and the buildup of dirt, mud, and other debris.

(7)

All lighting shall be shielded in accordance with § 30-6303 Outdoor lighting, so as not to cast direct light upon any adjacent residential lot.

(8)

No storage area shall be permitted within 100 feet of any residentially-zoned property or within any required front yard.

(9)

All buildings used to protect stored motor vehicles shall be located on the same lot.

(f)

Bar, cocktail lounge, or private club. A bar, cocktail lounge, or private club shall comply with the following requirements:

(1)

Such uses shall be separated from a church or school use type by at least 200 feet;

(2)

The use shall not orient the primary entrance toward an abutting lot in a residential district;

(3)

The use shall have a six-foot-high opaque fence or masonry wall along all lot lines abutting a residential district;

(4)

Outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

a.

The outdoor seating area shall be located no closer than 100 feet from any single-family residential zoning district;

b.

The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use; and

c.

Any applicable NCDOT requirements.

(g)

Bed and breakfast. A bed and breakfast shall comply with the following standards:

(1)

Be owner-occupied or have a manager who resides on the premises;

(2)

Have no more than six sleeping rooms;

(3)

Have only one kitchen;

(4)

Limit meals served on the premises to overnight guests only; and

(5)

Limit any signage to ground signage with a maximum sign face area of six square feet.

(h)

Bottle shop. A bottle shop use shall comply with the standards for a Bar, Cocktail Lounge, or Private Club.

(i)

Business incubator.

(1)

A business incubator may be provided as a principal use in its own building, as a tenant in a multi-tenant building, or as an accessory use to an existing office, personal service, or industrial use.

(2)

When proposed as an accessory use to an existing business or development, the floor area devoted to the business incubator shall not exceed 25 percent of the building's gross floor area.

(3)

Business incubators shall meet the off-street parking requirement for this use type in the Table of Minimum Off-Street Parking Requirements, not the individual types of uses within the business incubator.

(4)

Floor area within a building serving as a business incubator may be used for storage, but no outdoor activity or storage is permitted.

(j)

Car wash or automobile detailing. Such use types are limited to a maximum of four individual bays 4 bays or up to 2,500 sf detail service area.

(k)

Coffee shop/bakery. Coffee shops, bakeries, and other specialty eating establishments shall be limited to a maximum gross floor area of 3,500 square feet in the NB district and 4,000 square feet in the CB district. Outdoor seating area shall not be included within the maximum allowable gross floor area.

(l)

Convenience store.

(1)

In the NB district, such uses are limited to a maximum gross floor area of 3,500 square feet and a maximum of six fuel pumps.

(2)

In the CB district, such uses are limited to a maximum gross floor area of 5,000 square feet and a maximum of 12 fuel pumps.

(m)

Co-working space.

(1)

Use types and activities associated with a co-working space shall be limited to the range of activities typically associated with office uses.

(2)

Food or beverages produced or sold within the use shall be limited to patrons of co-working space not the general public.

(3)

Delivery of personal services within the co-working space (manicure, massage, education, exercise classes, child care, etc.) shall be limited to patrons of the co-working space.

(4)

Facilities for pets shall be indoors or fully screened from adjacent streets and other uses.

(n)

Electronic gaming operations.

(1)

Prior to the operation of an electronic gaming operation, a zoning compliance permit must be issued. In addition, an annual gaming machine fee in the amount of $500.00 per gaming machine or device as established in the Town's adopted fee schedule shall be paid. This annual per gaming machine fee shall be due annually.

(2)

Electronic gaming operations shall be regulated as to location in the following manner in addition to any other requirements of this Article:

a.

Electronic gaming operations shall be located a minimum of 1,000 feet measured in any direction, from:

1.

A place of worship or other religious institution;

2.

A day care center, public or private school;

3.

A public or private park, playground, public library, or cemetery;

4.

A skating rink, video arcade, or motion picture theater which shows G- or PG-rated movies to the general public on a regular basis;

5.

Electronic gaming operations, tattoo or body piercing establishments;

6.

Adult and sexually oriented businesses; or

7.

A residential zoned/residential used parcel.

b.

Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. Straight line distance shall be measured from the property line of the existing or established use to the building of the proposed electronic gaming operation. A use in sub-section (2) of this section shall be considered to be existing or established if it is in place or actively under construction at the time the application is submitted. Residential zoning districts shall be based upon the most current official zoning map.

c.

Hours of operation shall be limited to 8:00 a.m. through 12:00 midnight seven days a week.

d.

No minor (17 years of age or younger) shall be allowed to operate a gaming machine subject to this Article.

e.

All electronic gaming operations shall comply with requirements of Chapter 14, Article 37 of the North Carolina General Statutes.

f.

The maximum number of gaming machines for any electronic gaming operation business is 15 and the minimum building square footage shall be at least 200 square feet per machine.

g.

Electronic gaming operations must be visible and open to the store front of the building or structure. Shading or tinting of store front windows shall not exceed 35 percent.

h.

Consciously and purposely hiding machines/terminals/computers, using switching devices to change screens in order to hide the true purpose and use of a computer, or any other ploy to hide the intended use of any computer within the establishment shall be considered as perpetrating a fraud upon the Town and shall result in the immediate permanent revocation of the zoning compliance permit.

i.

There shall be an adult manager, 18 years of age or older, on the premises during the hours of operation.

j.

Each applicant for a zoning compliance permit shall be upon a form approved by the Town Council and shall be filed with the Town Clerk. Each applicant shall certify, under oath, the following information:

1.

The name, age and residence of all interested parties;

2.

The address of the premises where the business shall be located;

3.

The proposed hours of operation of the business;

4.

The dimensions of land owned or controlled by the applicant as premises for the electronic gaming operation;

5.

A description of any other business to be operated on the same premises or any adjoining premises owned or controlled by the applicant; and

6.

A statement of any prior revocations of a license or permit of any interested party to operate an electronic gaming operation or similar business in any jurisdiction.

k.

The applicant shall provide the serial number of each and every computer in the establishment. The Town Clerk or Town Planner will issue a Town decal including the serial number, Town terminal number, and date of issuance, to be displayed visibly on the computer or gaming terminal at all times. The Town terminal number will be assigned by the code enforcement officer at the time the application for a zoning compliance permit is submitted and shall be maintained on file by the Town.

1.

Computers that are removed from the establishment shall be reported, with the serial number, to the Town Clerk or Town Planner; any replacement computer shall be reported, with the serial numbers of the original and replacement machines, to the code enforcement officer. New computers or gaming terminals must be issued a Town decal prior to operation.

2.

Alteration or modification of any Town-issued decal shall be considered a zoning violation and subject to civil penalties per Article 9 Enforcement.

l.

No interested party shall operate an electronic gaming operation unless the party shall have first applied for and received a zoning compliance permit. It shall be unlawful to operate an electronic gaming operation within the Town without a zoning compliance permit as required by this section and the Town.

m.

A change of any facts stated in an application filed under this Article shall be reported immediately to the Town Clerk and Town Planner. Failure to report any change of the facts stated in the application shall be subject to civil penalties as outlined in § 30-9501 Amount of civil penalties.

n.

A zoning compliance certificate issued pursuant to this Article shall become void if the licensee moves or ceases to operate at the location required to be stated in the application for the license.

o.

There shall be no alcohol sales or alcohol consumption on the premises of an electronic gaming operation.

(o)

Event venue. Event venues shall be operated in accordance with the following standards:

(1)

Outdoor activity areas shall be set back from lot lines shared with a residential use by an amount at least twice the minimum rear setback for the district where the use is located.

(2)

The maximum number of guests shall be in accordance with the maximum occupancy of the principal structure in accordance with the State Building Code.

(3)

Outdoor activities shall not take place between the hours of midnight and 7:00 a.m.

(4)

Exterior lighting shall not project into adjoining residential lots. Use of stadium-style or other pole-mounted lighting is prohibited. Lighting of accessible paths may be provided, if necessary.

(5)

In cases where off-site parking is employed, the event venue shall maintain an agreement with the owner of land where vehicles are parked.

(6)

The venue shall ensure guests may access the venue safely from off-site parking areas.

(7)

In no instance shall vehicles be parked along streets in ways that block driveways, sight triangles, or emergency access.

(8)

The event venue shall provide sufficient on-site trash receptacles, and shall ensure that windblown trash or other debris does not accumulate anywhere on the site.

(9)

Event venue uses shall demarcate the boundaries of the event venue site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent lots.

(10)

Event venues shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.

(p)

Financial service. Financial service uses shall comply with the following standards:

(1)

Such uses shall be limited to a maximum gross floor area of 4,000 square feet in the CB district; and

(2)

Uses with accessory features like automated teller machines and drive-throughs shall comply with the applicable accessory use standards in Division 4 of this Article.

(q)

Hair, nails, and skin-related service. Such uses shall be limited to a maximum of 500 square feet of floor area in the NB district and up to 2,000 square feet in the CB district.

(r)

Heavy equipment and tool rental. Uses primarily involving the sales, rental, service, or storage of heavy equipment shall comply with the following standards:

(1)

No heavy equipment or building displays shall be located within a required setback or perimeter buffer;

(2)

No heavy equipment shall be displayed on the top of a building; and

(3)

All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use.

(s)

Indoor commercial recreation. Such uses are limited to a maximum of 6,000 gross square feet in the NB district and a maximum of 12,500 gross square feet in the CB district.

(t)

Microbrewery or microdistillery. Such uses shall comply with the standards for a Bar, Cocktail Lounge, or Private Club.

(u)

Office, professional. Such uses shall be limited to a maximum of 3,500 gross square feet in the NB district and a maximum of 12,500 square feet in the CB district.

(v)

Outdoor shooting range. Outdoor shooting ranges may be permitted subject to the requirements of the district and provided that:

(1)

Outdoor shooting ranges shall be located on a site or parcel with an area of at least ten acres.

(2)

No part of a shooting range shall be located within 100 feet of any property line and less than 1,000 feet from any residential dwelling or school, as measured from the firing line in the direction of the line of fire.

(3)

Shooting range facilities shall be constructed, at a minimum to include the following protective barriers:

a.

Backstops with a minimum height of twenty feet;

b.

Side berms or walls with a minimum height of eight feet;

c.

Firing line covers of overhead safety baffles for rifle fire only;

d.

The range shall be enclosed by a six-foot chain link fence with a lockable gate at the entrance; and

e.

No trespassing - Danger -Shooting Range signs shall be posted along range fence lines every 150 feet.

(4)

Weapons types are restricted to pistol, rifle, or shotgun.

(5)

The use of explosives or any target that detonates is prohibited.

(6)

At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization.

(7)

No individuals under the age of 18 are permitted on the range during any practice or qualification of firearms unless such individual is participating in an organized and properly supervised event being conducted onsite by law enforcement personnel.

(8)

The operators of the shooting range shall provide proof of accident and liability insurance coverage. A minimum coverage of $1,000,000 per individual and $2,000,000 in the aggregate shall be maintained.

(w)

Outdoor storage (as a principal use). The following standards shall apply to all outdoor storage areas:

(1)

The extent of the outdoor storage area shall be clearly delineated on an application for establishment of the use;

(2)

Outdoor storage areas shall comply with the minimum setback standards applicable in the zoning district where the outdoor storage area is located;

(3)

Outdoor storage areas are prohibited between the development's principal structure(s) and an arterial or collector street;

(4)

No outdoor storage area shall be located within a required perimeter landscaping buffer;

(5)

Flammable liquids or gas containers in excess of 1,000 gallons shall be stored underground;

(6)

No materials shall be stored in areas intended for vehicular or pedestrian circulation;

(7)

No materials shall be stored on any potable or non-potable water easement, stormwater easement, or sanitary sewer easement; and

(8)

All areas of outdoor storage shall be surrounded by an opaque fence or wall of a minimum height sufficient to conceal the material stored within from off-site views. In the event the fence or wall is located within a required setback, the fence or wall shall not exceed the maximum height for fences or walls specified in Division 4 of Article 6 Development Standards. Nothing shall limit the height of a screening fence or wall if it is located 20 feet or more from the edge of a required setback.

(9)

In no instance shall materials, equipment, or other items located within a storage area be visible above the fence or wall surrounding them.

(10)

In no instance shall a manufactured or mobile home be used for the purposes of storage.

(x)

Packaging and printing service. Such uses shall be limited to a maximum of 2,000 gross square feet in the NB district and a maximum of 5,000 square feet in the CB district.

(y)

Pharmacy. Pharmacies shall comply with the following standards:

(1)

Such uses shall be limited to a maximum gross floor area of 6,500 square feet in the CB and OI districts; and

(2)

Uses with accessory features like a drive-through shall comply with the applicable accessory use standards in Division 4 of this Article.

(z)

Retail use.

(1)

Except for grocery stores, no individual retail use shall occupy more than 3,500 gross square feet in the NB district or more than 12,500 gross square feet in the CB district.

(2)

Thrift stores, flea markets, and pawn shops shall be limited to a maximum gross floor area of 6,500 square feet in the CB district.

(3)

Nothing shall limit the establishment of a shopping center or other use that includes more than one retail establishment, but in no instance shall a lot or site include more than 100,000 gross square feet of retail uses on any single lot or site.

(4)

A grocery store shall have a maximum gross floor area of 15,000 square feet in the NB district.

(aa)

Self-service storage. Self-service storage facilities shall comply with the following standards:

(1)

The use shall be located on a lot or site of at least two acres in area;

(2)

No more than 50 percent of the total site may be occupied by buildings;

(3)

External-access only storage buildings shall not exceed 20 feet or one story in height;

(4)

No activity other than storage shall take place within a storage unit; and

(5)

Storage of hazardous, toxic, or explosive substances shall be prohibited.

(bb)

Sexually oriented/adult business.

(1)

Authority and jurisdiction. The provisions of this Article are adopted by the Town Council under authority granted by the General Assembly in § 14-202.10 et seq. of the North Carolina General Statutes. This Article shall apply to every building, lot, tract, or parcel of land within the planning jurisdiction of the Town.

(2)

Purpose. For the purpose of promoting the health, safety, morals and general welfare of the citizenry of the Town, this Article is adopted by the Town Council to regulate adult and sexually oriented businesses located in the Town. Further, the regulations of this Article have been made with reasonable consideration among other things, as to the character of the Town and its areas and their peculiar suitability for these businesses.

(3)

Abrogation. The regulations of this Article shall not repeal, impair, abrogate, or interfere with any existing easements, covenants, deed restrictions, setback requirements, rules, definitions, or regulations previously adopted pursuant to law in any established zoning district in the Town. However, where these regulations impose greater restrictions, the provisions of these regulations shall govern.

(4)

Massage of private parts prohibited. It shall be unlawful for any person to massage or offer to massage the private parts of another for hire in the Town. The term "massage" is defined as meaning the manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device. The term "private parts" is defined as meaning the penis, scrotum, mons, veneris, vulva or vaginal area. The provisions of this Article shall not apply to licensed medical practitioners, osteopaths, or chiropractors, or persons operating at their direction, in connection with the practice of medicine, chiropractic, or osteopathy.

(5)

Scope and provisions of this section.

a.

Sexually oriented/adult businesses. No sexually oriented/adult business shall be permitted in any building located within 1,000 feet in any direction from:

1.

A building used as a dwelling.

2.

A building in which an adult business or a sexually oriented business is located.

3.

A building used as a church, synagogue, or other house of worship.

4.

A building used as a public school or as a state-licensed day care center.

5.

Any lot or parcel on which a public playground, public swimming pool, or public park is located.

(6)

Nonconforming adult businesses and sexually oriented adult businesses. Any adult business or sexually oriented business lawfully operating on the effective date of the ordinance from which this Article is derived, that is in violation of this Article shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years. Such nonconforming uses shall not be increased, enlarged, extended, or altered.

(cc)

Spa, day or medical. Such uses shall be limited to a maximum of 12,500 gross square feet of floor area in the OI and CB districts.

(dd)

Veterinary clinic. Such uses are limited to a maximum of 12,000 gross square feet of floor area.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2021-11-1 (UDO-TA-1-21), § 1, 11-15-2021)

(a)

Asphalt or concrete plant. An asphalt or concrete plant shall comply with the following standards:

(1)

An asphalt plant shall be located at least 50 feet from a lot line.

(2)

A security fence, a minimum of six feet in height, shall be provided around the use.

(3)

Within one year of the cessation of the use, all equipment and stock piles incidental to the operation shall be dismantled and removed by and at the expense of the landowner.

(4)

The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties or public ways, nor to appreciably increase the turbidity of any natural water course, or to occlude any existing drainage course, except in an instance where redevelopment for another permitted use is in progress.

(5)

Vehicular access shall be constructed with an all-weather surface and be maintained in a dust-free condition.

(6)

Access drives shall be located no closer than 15 feet from a lot line.

(7)

A plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses negatively affected by truck traffic.

(b)

Extractive industry. Quarries and other extractive industries shall comply with the following requirements:

(1)

The minimum development area shall be five acres.

(2)

The use shall not require the use of residential neighborhood streets to gain ingress or egress.

(3)

Where the final slope of areas being excavated will exceed 30 percent, such areas shall be enclosed with a fence at least five feet high located not less than ten feet from the excavation's edge.

(4)

Excavated areas, stockpiles, waste storage piles, and associated processing, storage, and loading areas shall be fully screened from view from principal arterials, collector streets, and lots in residential zoning districts.

(5)

No blasting operations shall be conducted during the hours from 6:00 p.m. to 7:00 a.m., and when conducted, shall not cause unreasonable amounts of noise, vibration, dust, or flying debris on nearby lots.

(6)

No operations shall impede the normal flow of any stream or watercourse, silt up or pollute any stream, undermine any public road or bridge, or promote flooding on adjacent land.

(7)

Upon discontinuance of operations, all buildings and equipment shall be removed, and excavated areas shall be rehabilitated in accordance with a rehabilitation plan included as part of the application to establish the use.

(8)

The rehabilitation plan shall identify the ways the site will be to returned as closely as possible to its original condition or a condition suitable for a specified alternate use. The rehabilitation plan shall address the storage and protection of topsoil removed during the course of operations as well as regrading, re-fertilization, and replanting.

(9)

The estimated cost of carrying out the rehabilitation plan shall be filed with the application. The estimate shall be certified as approximately correct by a professional engineer licensed to practice in the State of North Carolina with expertise in rehabilitation.

(10)

A rehabilitation guarantee, payable to the Town, shall be required in an amount equal to the estimated cost of carrying out the rehabilitation plan.

(11)

The rehabilitation guarantee shall be maintained as a legally binding obligation until such time as the Town Council determines that all rehabilitation work has been satisfactorily completed.

(12)

If the Town Council finds that extractive uses have been discontinued for a period of 12 consecutive calendar months and that no major attempts have been made to implement the rehabilitation plan, it shall order forfeiture of the guarantee and the proceeds shall be used to carry out, to the extent possible, the rehabilitation plan.

(c)

Flex space. Flex space use shall comply with the following standards:

(1)

Flex space uses shall meet the off-street parking requirement for this use type in the Table of Minimum Off-Street Parking Spaces Required (See § 30-6701), not the individual types of uses within the flex space;

(2)

The following activities shall not be included within a flex space use type:

a.

Residential dwellings;

b.

Churches;

c.

Sexually oriented/adult businesses;

d.

Restaurants; and

e.

Cocktail lounges, or private clubs;

(3)

Outdoor storage or business-related activity is permitted as an accessory use, subject to all applicable standards in this Ordinance.

(d)

Makerspace. Makerspace uses shall be configured in accordance with the following standards:

(1)

No outdoor storage or activity shall be permitted;

(2)

The use shall include adequate ventilation and equipment for the dispersal of vapors, dust, or airborne contaminates created within the structure;

(3)

The use shall include a fire suppression system as required by the fire marshal;

(4)

No operation between the hours of 11:00 PM and 7:00 AM; and

(5)

Incidental sale of products created on site is permitted.

(e)

Manufacturing, light. All light manufacturing uses shall comply with the following standards:

(1)

Buffer and setback areas in the side and rear may not be used for parking; and

(2)

Finished products for display and sale shall not occupy more than 40 percent of the land area between the principal building and all adjacent streets.

(f)

Salvage or junkyard. Junk yards, including junked automobile storage, shall be subject to the following regulations:

(1)

Junk yards shall be located at least 200 linear feet, as measured from the required perimeter screening from any lot in a residential zoning district;

(2)

An opaque screen eight feet in height shall be required around all boundaries;

(3)

Any planted opaque screen shall be at least four feet in height when planted; and

(4)

No required front or side yard shall be used for storage purposes.

(g)

Solar energy conversion, major. Major solar energy conversion uses shall meet the following requirements:

(1)

Setbacks. Solar farms and their appurtenant components shall conform to the principal building setbacks of the underlying zoning district which they are located.

(2)

Height requirements. Individual modules/panels shall be a maximum of 25 feet in height as measured from the grade at the base of the structure to the apex of the structure.

(3)

Site plan. A site plan, drawn and stamped by a state-licensed surveyor or engineer, shall be submitted showing the following:

a.

The location and dimensions of all proposed areas for the placement of solar panels, screening/fencing and related improvements;

b.

Any preexisting structures on the same lot, and principal structures on other properties that would affect the placement of solar panels;

c.

Parking and access areas;

d.

Location of any proposed solar access easements;

e.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

f.

Any proposed new structures; and

g.

Any other relevant elements as requested by the board of adjustment.

(4)

Other requirements.

a.

Development of a farm will be subject to other overlay district regulations including watershed impervious surface limits.

b.

Solar farms shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of ten feet within three years of planting, with at least 75 percent opacity at the time of planting.

c.

All outdoor lighting shall be shielded to direct light and glare onto the system's premises and may be of sufficient intensity to ensure security.

d.

Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.

e.

Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions. Only the attachment of the pole, rack or suitable foundation at the ground contact shall be counted towards impervious calculations.

f.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

g.

No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

h.

With the exception of the manufactures, or installer's identification, appropriate warning signs, and owner identification sign, all other signs shall be prohibited. Not more than one manufacturer label bonded to or painted upon the solar energy system shall be permitted.

i.

It is the responsibility of the owner to remove all obsolete or unused systems within 12 months of cessation of operations.

j.

The Town Planner shall be provided copies of any lease agreement, solar access easement, and plan for removal of system/equipment. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided before a special use permit will be granted.

k.

The farm and components shall meet all requirements of the state building code.

l.

The farm and components shall comply with the current edition of the National Electrical Code, UL listed, and be designed with an anti-reflective coating.

m.

The electrical disconnect switch shall be clearly identified and unobstructed and shall be noted clearly on the site plan.

n.

The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

o.

Inverter noise shall not exceed 40 dBA, measured at the property line.

(5)

Decommissioning, abandonment, hazard abatement. A signed and notarized decommissioning plan shall be submitted with the special use permit application and shall be in a form suitable to be recorded with the Register of Deeds. The decommissioning plan shall include, at a minimum, all the following provisions and requirements:

a.

Following a six-month period in which no electricity is generated, the permit holder will have six months to complete decommissioning of the system. Decommissioning includes removal of solar panels, support columns, buildings, cabling, electrical components, and any other associated facilities down to 72 inches below grade;

b.

Identification of any other conditions or circumstances upon which decommissioning will be initiated (e.g., end of lease, condition of a potential public safety hazard, etc.);

c.

Following removal, disturbed earth shall be graded and reseeded, unless the landowner requests in writing that access roads or other land surface areas are not to be restored;

d.

Prompt repair or removal of any structures that no longer function, become damaged, or that constitute a safety hazard regardless of whether due to neglect, man-made, or natural causes;

e.

The timeframe for completion of removal and decommissioning activities shall be from 180 days to 12 months unless otherwise extended following receipt of an application for extension; and

f.

A signed statement from the party responsible for completing the decommissioning plan acknowledging their responsibility to execute the decommissioning plan in accordance with these standards.

(6)

Decommissioning performance guarantee. A performance guarantee for the potential decommissioning of a major solar energy conversion system shall be provided to the Town by an applicant in accordance with the following standards:

a.

The guarantee shall be posted with the Town prior to establishment of the facility;

b.

The performance guarantee shall renew automatically and shall include a minimum 60-day notice to the Town prior to cancellation;

c.

The guarantee shall be provided by a company on the U.S. Department of Treasury's Listing of Certified Companies;

d.

A guarantee consisting of a bond certificate shall be submitted to the Town Planner each year verifying the bond has been properly renewed;

e.

The amount of the guarantee shall be one and a quarter times the estimated decommissioning cost, or $50,000, whichever is greater, and shall not be reduced by the salvage value;

f.

Cost estimates for decommissioning shall be determined by a North Carolina licensed engineer or a licensed contractor and shall be provided by the applicant;

g.

Compliance with these requirements shall be fulfilled upon deposit of a certified check deposited with the Finance Officer;

h.

Funds deposited with the Finance Officer will only be returned when the facility is decommissioned, and any necessary site restoration is completed; and

i.

The full amount of the bond or certified check shall remain in full effect until the facility is decommissioned and any necessary site restoration is complete.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

This section authorizes the establishment of accessory uses and structures that are incidental and subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses and structures, provided they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Accessory uses or structures may be approved in conjunction with the approval of the principal use or subsequently following the establishment of the principal use. No accessory use or structure shall be approved, established, or constructed before a principal use is approved in accordance with this Ordinance.

(b)

Applications to establish a planned development shall be supplemented with a written list of proposed accessory uses which shall be attached to the application approval along with other conditions of approval.

(c)

The Common Accessory Use Table may not be inclusive of all possible accessory uses, and in the event an accessory use is proposed that is not listed in the table, the Town Planner shall consult the Principal Use Table to determine if the proposed accessory use corresponds to a listed principal use. Any permitted principal use in a zoning district is also permitted as an accessory use. In no instance shall an accessory use be permitted in a zoning district where it is prohibited as a principal use.

(d)

In the event a proposed accessory use is not listed in the Common Accessory Use Table and there is no corresponding principal use, the Town Planner shall determine how to treat the accessory use in accordance with § 30-5104, Procedure for Classification of Unlisted Uses.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Permitted accessory uses and structures. Permitted accessory uses and structures shall comply with the following:

(1)

Are clearly incidental to an allowed principal use or structure;

(2)

Are subordinate to and serve an allowed principal use or structure;

(3)

Are subordinate in area, extent, and purpose to the principal use or structure; and

(4)

Contribute to the comfort, convenience, or needs of occupants associated with the principal use or structure.

(b)

Location of accessory uses and structures.

(1)

Within required landscaping areas. Except for fences and walls contributing to the screening function of a landscaping buffer, no accessory structure shall be located within a required landscaping buffer except where allowed by Division 5 of Article 6.

(2)

Within a required setback. No accessory use or structure may be located in a required setback except as permitted in § 30-4104, Allowable Encroachments.

(3)

Within other areas on a site. No accessory use or structure shall:

a.

Be within ten feet of a lot line, except as authorized by in § 30-4104, Allowable Encroachments;

b.

Be within 20 feet of the centerline of an alley except as authorized by in § 30-4104, Allowable Encroachments;

c.

Be located within a required front yard;

d.

Be within a designated fire lane;

e.

Obstruct required sight distance triangles;

f.

Impede ingress or egress to a lot, site, or principal structure;

g.

Be located above or beneath public utilities (except for fences or walls);

h.

Interfere with drainage or stormwater control measures; or

i.

Be within an emergency access route designated on an approved site plan.

(4)

Within an easement. Except for authorized stormwater control measures within a drainage easement, no accessory use or structure shall be located within any platted or recorded easement without the prior written consent of the landowner.

(5)

Structure height. Accessory structures shall comply with the height requirements for the zoning district where located.

(6)

Maximum size.

a.

Except on lots of five acres in area or greater, the cumulative total square footage of all accessory uses or structures on a lot shall not exceed more than 50 percent of the total square footage of the principal structure or structures on the same lot.

b.

In the case of an open air principal use, the cumulative total square footage of all accessory uses or structures on a lot shall not exceed more than 40 percent of the total square footage of the area devoted to the principal use.

c.

In the case of lots of five acres or more in area, the cumulative square footage of all accessory uses or accessory structures may exceed 50 percent of the total square footage of the principal structure(s), but shall not exceed 100 percent of the total square footage of the principle structure(s) on the lot.

(7)

Compliance with ordinance requirements. Accessory uses and structures shall conform to the applicable requirements of this Ordinance, including this section, the district standards in Article 4, the development standards in Article 6, and the subdivision standards in Article 7.

(8)

Compliance with design standards.

a.

Accessory uses and structures serving principle uses that are subject to the design standards in Division 2 of Article 6, shall comply with the design standards applied to the principal use they serve or shall employ exterior materials, colors, and architectural details that are configured to be complimentary to the principal use.

b.

The degree to which proposed exterior materials, colors, and architectural details are configured in a complimentary manner to a principal use shall be in the sole opinion of the review authority deciding the application.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2025-03-01, 3-3-2025)

The Common Accessory Use Table, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.

(a)

If a specific accessory use is allowed by-right, the cell underneath the zoning district is marked with a "P".

(b)

If a specific accessory use is allowed subject to a special use permit, the cell underneath the zoning district is marked with a "S".

(c)

If the accessory use or structure is not allowed in a zoning district, the cell is marked with an "X".

(d)

In the case of planned development districts, if an accessory use is allowable, it is marked with an "A", and the accessory use must be set out in the approved master plan or terms and conditions document.

(e)

If there is a reference contained in the column entitled "Acc. Use Standards," refer to the cited section(s) for additional standards that apply to the specific accessory use.

(f)

In the event a particular accessory use or structure is not listed in the table, the Town Planner shall determine if the proposed accessory use or structure can be allowed based on the range of allowable principal uses for the lot in accordance with the Principal Use Table. In no instance shall a use or activity that is prohibited as a principal use on a lot be authorized as an accessory use. If no corresponding or similar principal use can be determined, the Town Planner shall determine if the proposed accessory structure or activity may be permitted as a special use in the district where proposed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2024-08-1, 8-5-2024)

Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the "Acc. Use Standards" column of the Common Accessory Use Table. These standards may be modified by other applicable standards or requirements in this Ordinance.

(a)

Accessory dwelling unit (ADU). An accessory dwelling unit (ADU) is permitted as accessory to a single-family detached dwelling, and shall comply with the following standards:

(1)

No more than one ADU shall be located on a lot with a single-family detached dwelling;

(2)

An ADU shall not exceed 35 percent of the total amount of finished floor area in the principal structure;

(3)

An ADU shall not exceed one story in height, but nothing shall limit an ADU from being located on a second or third story provided the structure complies with the applicable maximum height limitations in the district where located;

(4)

An ADU and the principal dwelling shall have the same street address and mailbox;

(5)

An ADU shall not be subdivided or otherwise separated in ownership from the principal dwelling unit;

(6)

An ADU and the principal dwelling shall utilize the same driveway, unless the ADU is accessed from a right-of-way not used by the principal dwelling (e.g., a rear alley or separate street access on a corner or through lot); and

(7)

An ADU shall be served by public or private potable water and wastewater treatment system and may be served by water, sanitary sewer, gas, and electrical utilities shared with the principal use.

(8)

Except on lots within the AR district, a manufactured or mobile home may not be used as an ADU. In no instance shall an individual manufactured home space within a manufactured home park contain more than one manufactured home structure.

(b)

Amateur ham radio. Amateur radio antennas shall comply with § 160D-905 of the North Carolina General Statutes and the following:

(1)

Towers associated with an amateur ham radio operator or private television antenna shall not exceed 100 feet above grade;

(2)

Towers or antennas attached to a principal structure shall be located on a side or rear elevation; and

(3)

Freestanding towers or antennas shall be located behind the principal structure.

(c)

Automated teller machine (ATM).

(1)

An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.

(2)

If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including districts where permitted) for a drive through.

(3)

The overall character of an automated teller machine in terms of materials, colors, and architectural character shall be compatible with that of the principal structure.

(d)

Burial, private. The burial of human remains may take place as an authorized accessory use only in accordance with the following standards:

(1)

Up to one set of human remains may be interred on a lot or site following submittal of a death certificate and issuance of a Zoning Compliance Certificate by the Town;

(2)

The burial site shall only be permitted as an accessory to a permitted principal use;

(3)

Any aspects of the burial located above grade shall be considered as an accessory structure subject to the standards in Sec. 30-5403 - General standards for all accessory uses and structures;

(4)

The burial shall take place in accordance with applicable State law regarding proximity to potable water sources and interment practices;

(5)

The burial site shall be clearly demarcated on a plat or plot plan and recorded with the Johnston County Register of Deeds;

(6)

The burial site shall include a physical marker indicating its function as a burial site that is visible to the naked eye; and

(7)

Following establishment of a burial site, no further subdivision of the lot or tract shall take place on lots of two acres in area or less.

(e)

Child care, incidental. An incidental child care or home day care for up to five unrelated children is permitted as an accessory use to an occupied residential dwelling unit if it complies with Article 7 of Chapter 110 of the North Carolina General Statutes, and the Summary of North Carolina Child Care Laws and Rules pamphlet prepared by the NC Department of Health and Human Services.

(f)

Drive through. Drive-through facilities shall comply with the following standards:

(1)

Outdoor speakers associated with a drive-through shall be at least 50 feet from any lot with a residential zoning district designation;

(2)

Drive-through windows, menus, or order boxes shall not be located on the front façade of the building they serve;

(3)

Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces; and

(4)

Canopies or other features installed over a drive through window shall maintain common roof lines and materials with the principal structure.

(g)

Electric vehicle (EV) charging station.

(1)

Electric vehicle (EV) charging station spaces shall be reserved for the charging of electric vehicles only and shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, amperage and voltage levels, any enforceable time limits or tow away provisions, and contact information for reporting non-operating equipment or other problems.

(2)

A required accessible parking space may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.

(3)

EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

(4)

Transformers and similar equipment shall be screened from off-site views with landscaping, fences or walls, or other method that obscures the transformer and related equipment.

(h)

Family health care structure. One family health care structure is permitted on a lot with a single-family detached dwelling, in accordance with the standards in § 160D-915 of the North Carolina General Statutes, and the following standards:

(1)

Structure. A family health care structure is one that:

a.

Is transportable and primarily assembled at a location other than the site of installation;

b.

Is located on a lot with an existing single-family detached dwelling;

c.

Is limited to one occupant who is a mentally or physically impaired person related to the caregiver;

d.

Is used by a caregiver or legal guardian in providing care for one mentally or physically impaired person on property owned or occupied as the caregiver's or guardian's residence;

e.

Has no more than 300 square feet of gross floor area;

f.

Is connected with water, wastewater, and electrical systems by branching service from the single-family detached dwelling;

g.

Has the same street address and mailbox as the existing single-family detached dwelling;

h.

Uses the same driveway as the existing single-family dwelling, unless the structure is accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate street access on a corner or through lot);

i.

Meets the dimensional standards of the zoning district for a single-family detached dwelling; and

j.

Meets the applicable provisions in the North Carolina Building Code; however, is not located on a permanent foundation.

(2)

Need and relationship.

a.

The occupant of the structure must be a mentally or physically impaired person that is a resident of the State who requires assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in North Carolina.

b.

The caregiver must be an individual 18 years of age or older who provides care for the mentally or physically impaired person and is a first or second degree relative of the impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew or niece, including half, step, and in-law relationships.

(3)

Permit conditions.

a.

Once the applicant provides sufficient proof that the family health care structure meets all standards, then the structure shall be permitted for a period of 12 months.

b.

The applicant may renew the prior approval for a 12-month period and continue to renew it provided the applicant provides evidence of continued need and compliance with these standards.

c.

The Town may make periodic inspections of the family health care structure at reasonable times convenient to the applicant.

d.

No signage shall be permitted on the exterior of the structure or on the lot that identifies or promotes the existence of the structure.

e.

The structure shall not be subdivided or otherwise separated in ownership from the single-family detached dwelling.

f.

The structure shall be removed within 60 days if the impaired occupant is no longer receiving or in need of assistance.

g.

The approval may be revoked or other enforcement actions taken if these standards are violated.

(i)

Guard house, shelter, or gatehouse. Such uses shall be subject to the following standards:

(1)

Maintain a maximum size or floor area of 100 square feet or less;

(2)

A height of 15 feet or less;

(3)

Be located outside any required sight distance triangles;

(4)

Maintain a minimum distance of five feet from a public street right-of-way; and

(5)

Nothing shall limit the placement of a guard house, guard shelter, or gatehouse within a required yard or setback.

(j)

Home occupation. Customary home occupations such as home offices, beauty parlors, dressmaking, laundering, music teaching, tutoring, etc., shall comply with the following standards:

(1)

Home occupation accessory uses shall be clearly incidental and subordinate to a dwelling's use for residential purposes by its occupants;

(2)

Home occupations shall be engaged in only by a resident on the premises, and not more than one employee may be a nonresident;

(3)

No more than 25 percent of the floor area of a dwelling shall be used for home occupations;

(4)

No more than 50 percent of the floorplate of a detached accessory structure shall be used for home occupations;

(5)

No display of goods or signage shall be visible from off-site areas;

(6)

No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises;

(7)

Only one commercial vehicle with up to one attached trailer associated with the home occupation may be parked or stored on the lot; and

(8)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(k)

Outdoor dining and seating. Restaurant and similar entertainment uses may provide outdoor dining and seating only in accordance with the following standards:

(1)

Outdoor seating and dining shall be located to the front or side of the principal use served;

(2)

Outdoor dining and seating shall be located outside the public right-of-way, and shall not obstruct pedestrian or vehicular access;

(3)

All State requirements must be obtained prior to serving alcohol;

(4)

The outdoor dining or seating area must be at least 100 feet from any residential zoning district boundary; and

(5)

Comply with any applicable NCDOT requirements.

(l)

Outdoor display/sales. The outdoor display and sale of goods shall be limited to a commercial or mixed-use development and shall comply with the following standards:

(1)

Except in the NB district, an outdoor display/sales area shall not be located within a required front yard or street setback;

(2)

In the NB district, outdoor display/sales areas may be located on or adjacent to the sidewalk provided the display is attached to or located immediately adjacent to a building's front façade wall;

(3)

Outdoor display/sales areas shall not be located any closer than five feet from any lot line;

(4)

Outdoor display/sales areas shall not be located within any local or State site easement; and

(5)

Outdoor display areas shall maintain at least five feet of space along the side of the display free of obstruction to allow for pedestrian and handicap movement, such that pedestrians do not have to step off the sidewalk or enter the drive aisle to see the merchandise.

(m)

Outdoor storage (as an accessory use).

(1)

General standards. The following standards shall apply to all outdoor storage areas other than uses where outdoor storage is the principal use of land:

a.

The extent of the outdoor storage area shall be clearly delineated on a site plan;

b.

Outdoor storage areas shall comply with the minimum setback standards applicable in the zoning district where the outdoor storage area is located;

c.

Outdoor storage areas are prohibited between the development's principal structure(s) and an arterial or collector street;

d.

All areas of outdoor storage shall be surrounded by an opaque fence or wall of a minimum height sufficient to conceal the material stored within from off-site views. In the event the fence or wall is located within a required setback, the fence or wall shall not exceed the maximum height for fences or walls specified in Division 4 of Article 6. Nothing shall limit the height of a screening fence or wall if it is located 20 feet or more from the edge of a required setback.

e.

No outdoor storage area shall be located within a required landscaping area;

f.

Stored goods, materials, and equipment shall be limited to those goods, materials, and equipment associated with the principal use or uses of the lot;

g.

No materials shall be stored in areas intended for vehicular or pedestrian circulation; and

h.

No materials shall be stored on any potable or non-potable water easement, stormwater easement, or sanitary sewer easement.

i.

In no instance shall a manufactured or mobile home be used for the purposes of storage.

(n)

Parking of commercial vehicles. Parking of a commercial vehicle at a single-family detached dwelling or duplex shall be subject to the following standards:

(1)

Only one commercial vehicle and up to one associated trailer is allowed; and

(2)

The commercial vehicle shall be setback 70 feet from the front lot line and 50 feet from the interior lot lines.

(o)

Parking of heavy trucks or trailers.

(1)

The parking and/or storage of motorized and non-motorized vehicles in excess of 10,000 pounds gross vehicle weight shall be prohibited in all residential districts except for loading and unloading purposes; for emergency home service; for use in the conduct of a legal non-conforming use; for temporary construction purposes; or for bona fide agricultural purposes.

(2)

No apparatus designed to be used as a motor vehicle or designed to be towed by a separate motorized unit or vehicle shall be allowed to be used as a storage facility or accessory building in any residential district.

(p)

Produce stand. The sale of fresh vegetables and produce from curbside stands or in a similar fashion shall:

(1)

Be located on the same lot as a principal use;

(2)

Be limited to retail sale of agricultural or horticultural products grown on-site or in agricultural facilities under the same ownership as the produce stand;

(3)

Be located outside sight distance triangles or other areas that may result in visual obstructions to drivers;

(4)

Not exceed 1,000 square feet in area; and

(5)

Provide adequate ingress/egress and off-street parking.

(q)

Solar energy system (small-scale). A small-scale solar energy system (SES) shall comply with the following requirements:

(1)

A SES may be roof-mounted, attached to a principle or accessory structure, be ground-mounted, or placed over a parking or other hard-surface area;

(2)

The footprint of a ground-mounted SES shall not exceed 50 percent of the floorplate of the principal structure, or one acre, whichever is less;

(3)

An SES shall comply with the dimensional requirements for the district where located;

(4)

An SES shall not obscure required sight distance triangles;

(5)

A SES may be placed within a required landscaping area provided it does not compromise the screening objective of the landscaping;

(6)

Ground-mounted SES facilities are exempted from screening requirements; and

(7)

Ground-mounted SES facilities shall not exceed 20 feet in height above adjacent pre-construction grade.

(r)

Stable (horses). Stables shall comply with the following standards:

(1)

The land on which the facility is located shall be at least two acres in size;

(2)

No stalls or stables shall be within 200 feet of any existing adjoining residential dwelling and 100 feet from any adjoining well being used for human consumption; and

(3)

Stables must be operated and maintained in a healthy and safe manner in accordance with Chapter 6, Animals, of the Town Code of Ordinances. Healthy and safe is defined as, but not limited to: fences kept in good repair; potable water available on demand; protection from wind or rain; a sign posted indicating the name and phone number of the person to be contacted in case of emergency.

(s)

Storage of unlicensed or inoperable vehicles or trailers. In the districts where permitted as an accessory use, a maximum of one unlicensed (lacking a valid license plate) or inoperable vehicles may be permitted per lot in accordance with Chapter 27, Traffic and Motor Vehicles, in the Town Code of Ordinances.

(t)

Swimming pool/hot tub.

(1)

These standards shall apply to any built structure placed or constructed for the purpose of bathing or swimming with a depth of two feet or more in accordance with the State Building Code.

(2)

Swimming pools built as accessory uses shall be completely isolated from adjacent lands and streets by a fence or other structure having a minimum height of four feet and configured to prevent small children from gaining unsupervised access to the pool or hot tub in accordance with the State Building Code.

(3)

Gates or doors opening into the area around the swimming pool from outside the dwelling shall have self-closing and self-latching devises for keeping the gate or door closed at all times when not in use.

(4)

Access to a pool or hot tub serving a non-residential use shall limit access to the pool or hot tub by members of the general public.

(5)

Swimming pools and hot tubs included as an accessory use to a single-family subdivision shall include one off-street parking space for every four persons of design capacity.

(u)

Underground storage tank. Underground storage tanks shall comply with the following requirements:

(1)

Underground storage tanks shall not be located within required setbacks, easements, or beneath public rights-of-way;

(2)

Underground storage tanks shall be installed and operated only in accordance with the North Carolina Building Code and all applicable Fire Code requirements; and

(3)

Underground storage tanks shall be depicted on site plans and as-builts.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2024-08-1, 8-5-2024; Ord. No. AL2025-03-01, 3-3-2025)

This section allows for the establishment of specific temporary uses of limited duration, provided that such uses do not negatively affect adjacent land, and provided that such temporary uses are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the jurisdiction. The activities listed in this section require the issuance of a temporary use permit, except as exempted, and compliance with the general standards for all temporary uses and structures, and the applicable standards for specific temporary uses.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

All temporary uses and structures shall comply with the following general standards, unless otherwise specified in this Ordinance:

(a)

General standards. An applicant proposing a temporary use or structure shall:

(1)

Secure written permission from the landowner;

(2)

Obtain the appropriate permits and licenses from the Town and other agencies;

(3)

Comply with the requirements for temporary signs in Division 8 of Article 6, if signage is proposed;

(4)

Meet public utility and Town requirements for proper connection to water, sewer, electrical and other utility service connections, as applicable;

(5)

Not violate the applicable conditions of approval that apply to a site or use on the site;

(6)

Not result in a situation where the principal use, if present, fails to comply with the standards of this Ordinance;

(7)

Ensure the site of a temporary use or structure contains sufficient land area for the temporary use and for the parking and traffic movement associated with the temporary use, without impacting environmentally sensitive lands;

(8)

Ensure temporary uses remain in place no longer than 90 days if located within a special flood hazard area;

(9)

Provide adequate on-site restroom facilities (as appropriate); and

(10)

Cease all outdoor activities within 500 feet of a residential use by 10:00 pm.

(b)

General conditions. In approving a temporary use permit, the Town Planner is authorized to impose any of the following general conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use.

(1)

Provision of temporary parking facilities, including vehicular access and egress;

(2)

Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;

(3)

Prohibition of the storage or use of hazardous materials;

(4)

Regulation of placement, height, size, and location of equipment;

(5)

Provision of sanitary and medical facilities;

(6)

Provision of solid waste collection and disposal;

(7)

Provision of security and safety measures;

(8)

Use of an alternate location or date;

(9)

Modification or elimination of certain proposed activities;

(10)

Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this subsection; and

(11)

Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition.

(c)

Standards for specific temporary uses.

(1)

Food truck and pushcart vendors. Food truck operations and pushcart vendors shall comply with the following:

a.

Location. Food trucks and push carts may only be operated in the following zoning districts:

1.

The Neighborhood Business (NB) district, subject to the additional standards in subsection (iii) below;

2.

The Community Business (CB) district;

3.

The Light Industrial (LI) district;

4.

The Agricultural Residential (AR) district, when operated on the same lot as an agri-tourism, farmers market, or governmental use type, and

5.

Within a PD district provided the temporary use is listed in the associated master plan or terms and conditions statement.

b.

Placement during and after food sales.

1.

Food trucks and push carts shall be parked on private property with the property owners' permission and shall not be parked within any public street, right-of-way, or sidewalk unless in the NB or AR districts, or the street has been closed for a special event.

2.

A food truck or push cart shall be removed after operating hours or a special event and be stored in a legally permissible location.

c.

Additional standards for food trucks and push carts within the neighborhood business district.

1.

Food trucks operating between the hours of 8 am and 5 pm shall not be parked on the street for more than two consecutive hours unless the street has been closed for a special event.

2.

The customer access for food sales shall be from the side of the food truck facing the sidewalk not the street.

3.

Food sales shall not impede pedestrian traffic along the sidewalk.

4.

Push carts operating in the NB district shall not operate or sell food upon any sidewalk.

d.

Additional standards for food trucks and push carts when operated on governmental land.

1.

Operators shall secure a license or other agreement to operate a food truck or push cart in addition to a temporary use permit prior to commencement.

2.

In cases where a license or governmental agreement conflicts with the standards in this Ordinance or other Town requirements, the more restrictive standard shall control.

3.

Except during Town-sponsored or Town-sanctioned special events, the total number of food trucks or push carts on a single governmental site shall be limited to a maximum of five per day and no more than three on the same lot or site at any one time.

e.

Minimum distance from certain use types.

1.

No food truck or pushcart vendors shall operate within 60 feet of any cemetery.

2.

No food truck shall operate within 75 feet from the main entrance of any restaurant during business hours, unless authorized by a restaurant.

f.

Operation.

1.

The food truck or pushcart owner or their designee shall be present at all times except in case of an emergency.

2.

The hours of operation shall be between the hours of 7:00 a.m. and 10:00 p.m. except for special events, and then shall be limited to the hours of operation associated with the special event.

3.

A food truck shall either sell food or beverage that is exempt from health department regulation, or obtain approval from the county health department where food sales take place.

4.

Food truck operators and push cart vendors are responsible for the proper disposal of waste and trash associated with the operation. Town trash receptacles are not to be used for this purpose. Operators and vendors shall remove all waste and trash from their location at the end of each day or as needed to maintain the health and safety of the public.

5.

The vendor shall keep all areas within ten feet of the truck or cart clean of grease, trash, paper, cups, or cans associated with the operation. No liquid waste or grease is to be disposed into tree pits, storm drains, or onto the sidewalks, streets, or other public locations. Under no circumstances shall grease be released into or disposed of in a sanitary sewer system.

g.

Associated features.

1.

There shall be no audio amplifier or similar device to attract the attention of the public.

2.

No tables, chairs, or other structures shall be allowed outside of the food truck or around a push cart.

3.

Advertising consisting of business name, logo, and items available for sale may be displayed on the food truck or push cart. No other form of advertising shall be permitted.

(2)

Itinerant merchant sales. Itinerant merchant sales, not including food truck and pushcart vendors, are permitted on lots owned or operated by a governmental entity or in non-residential and planned development districts, subject to the following standards:

a.

Generally.

1.

Except when located on a governmental lot or site, the sale of merchandise, products, or material must be a permitted principal use in the zoning district where the sales are temporarily located;

2.

Itinerant merchants shall file an indemnification form with the Town when engaged in open air sales;

3.

Itinerant merchant sales shall be located outside of street rights-of way, required sight distance triangles, required landscape areas, vehicular circulation areas, and areas where pedestrian access is needed to ensure safe movement through or across a site;

4.

Signage shall comply with the standards for temporary signage in Division 8 of Article 6;

5.

All merchandise and related materials shall be removed from the site following the sale;

6.

The maximum period of operation of itinerant merchant sales shall be from 8:00 AM to 10:00 PM, except for special events, and then shall be limited to the hours of operation associated with the special event; and

7.

Permitted itinerant merchant sales shall be limited in duration to a maximum of 45 continuous days from the date the temporary use permit is issued.

b.

Additional standards for itinerant merchants operating on governmental land.

1.

Operators shall secure a license or other agreement to conduct itinerant merchant sales in addition to a temporary use permit prior to commencement.

2.

In cases where a license or governmental agreement conflicts with the standards in this Ordinance or other Town requirements, the more restrictive standard shall control.

3.

Except during Town-sponsored or Town-sanctioned special events, the total number of itinerant merchants on a single governmental site shall be limited to a maximum of five per day and no more than three on the same lot or site at any one time.

(3)

Outdoor seasonal sales. Outdoor seasonal sales are permitted on a lot in all zoning districts, subject to the following standards:

a.

Seasonal sales shall be limited to seasonal agricultural products such as Christmas trees, pumpkins, and living plants;

b.

The maximum hours of operation of an outdoor seasonal sales use shall be from 8:00 AM to 11:00 PM, except when located in a residential district, then the seasonal sales use shall cease by 9:00 PM;

c.

Exterior lighting shall comply with the requirements in Division 3 of Article 6;

d.

One recreational vehicle is allowed as a temporary dwelling for security purposes in association with the seasonal sales use, provided it meets the general standards for a temporary dwelling, and is removed at the end of the sales;

e.

The on-site accessory sale of seasonal products by an agricultural use or retail sales use is not considered outdoor seasonal sales and is not subject to these standards; and

f.

Outdoor seasonal sales shall be limited in duration to a maximum of 45 continuous days from the date the temporary use permit is issued.

(4)

Portable storage container. Portable storage containers may be permitted as a temporary use to a single-family detached, duplex, or townhouse dwelling unit, subject to the following standards.

a.

Types distinguished. Portable storage containers shall take one of the following three forms:

1.

A container used for the purposes of storage of personal property such as household items being temporarily stored or relocated;

2.

A roll-off box, bin, or construction dumpster used for the collection and hauling of waste or debris; or

3.

A fully-enclosed, non-motorized, trailer (commonly known as a semi-trailer) with wheels intended to be towed to a site for the purpose of storage or transport of goods, materials, or equipment.

b.

Permit required. A building permit shall not be required for a portable storage container, but a temporary use permit is required.

c.

Exemptions. The standards in this section shall not apply to portable storage containers used as temporary construction trailers, construction dumpsters, or construction materials recycling facilities, provided construction on the site is on-going.

d.

Maximum size. Containers shall be no larger in dimension than eight feet in height, eight feet in width, or 20 feet in length.

e.

Maximum number.

1.

No more than two portable storage containers shall be located on a single lot or parcel of land.

2.

No other type of container or shipping container shall be located on the same lot or parcel of land when one or two portable shipping containers are in place.

f.

Hazardous substances. Portable storage containers shall not be used to store or transport non-residential materials and substances, including but not limited to the following: solid waste, hazardous materials, explosives, or unlawful substances and materials.

g.

Location.

1.

A portable storage container may be located in a driveway, a designated parking area, or behind a dwelling.

2.

If site conditions make placement of the portable storage container behind a dwelling, on a driveway, or in a designated parking area impossible, then the portable storage container may be located immediately adjacent to the driveway or designated parking area.

3.

A portable storage container shall not be located between the front of a dwelling and the street it faces unless any other placement is impossible due to site conditions.

4.

In no instance shall a portable storage container be located within a Town street, public street right-of-way, or in a location that poses a threat to public health or safety.

h.

Duration.

1.

Portable storage containers may be located on a site for a maximum of up to 90 days per calendar year.

2.

In no instance shall these standards be construed to allow placement of one or more portable storage containers on a single site for more than 90 days in any single calendar year.

(5)

Special events.

a.

Exempt events. A special event is not subject to these requirements if the event lasts two or fewer days within a 180-day period on a lot with an established principal use, or the event is sponsored by the Town, a county, or the State.

b.

Subject to this Ordinance. A special event not otherwise exempted from the standards in this section is permitted on a lot in a non-residential or planned development district, subject to the following standards:

1.

A special event includes, but is not be limited to arts and crafts shows, cultural events, musical events, concerts and stage shows, celebrations, festivals, fairs, carnivals, circuses, or outdoor religious events;

2.

Circuses, carnivals and similar amusements may be subject to the applicable provisions of the Town Code of Ordinances; and

3.

Temporary dwelling(s) are allowed in association with the special event provided they meet the standards for temporary dwellings and are removed at the end of the event.

(6)

Temporary dwelling. A temporary dwelling is permitted on a lot subject to the following standards:

a.

A temporary dwelling may be either a dwelling that meets all applicable North Carolina Building Code requirements for a dwelling or a recreational vehicle.

b.

The temporary dwelling shall be located on a lot and meet the dimensional standards of the zoning district, to the maximum extent practicable.

c.

Temporary emergency dwellings operated by a religious institution, governmental agency, or nonprofit organization may be located to provide emergency shelter where fire, flood, or other natural disaster has displaced persons.

d.

One temporary dwelling may be used to house occupants of the principal dwelling under construction or subject to repair or casualty damage.

e.

Temporary dwellings may be used on a construction site and occupied by persons having construction or security responsibilities over such construction site.

f.

Temporary dwellings shall be located on the same lot as the structure under construction.

g.

The temporary use permit shall not be issued until a site plan approved or a building permit is issued for a principal structure.

h.

A temporary dwelling shall be removed within 30 days of issuance of a certificate of occupancy for the structure, or removed immediately if the building permit expires or is revoked.

i.

A temporary dwelling shall be limited in duration to a maximum of six months, except that the temporary use permit may be renewed for good cause shown.

(7)

Temporary real estate office. A temporary real estate office is permitted on a lot in a residential, business, special, or conditional zoning district, subject to the following standards:

a.

The office is located on a lot that is part of the real estate development being sold or leased;

b.

Signage complies with the standards in Division 8 of Article 6;

c.

The office complies with the dimensional standards of the zoning district in which it is located;

d.

The temporary office is converted into a dwelling or removed within 30 days after all units are sold or leased; and

e.

In the event a temporary real estate office is a trailer, it shall be removed within 30 days after all units are sold or leased.

(8)

Temporary wireless telecommunications facility. A temporary wireless telecommunications facility shall comply with the following standards:

a.

A temporary wireless telecommunications facility may be allowed on a lot after a disaster or other emergency for a period not to exceed 30 days, except that the temporary use permit may be renewed for good cause shown;

b.

A temporary wireless telecommunications facility may be allowed on a lot to evaluate the technical feasibility of a site for a period not to exceed 14 days, except that the temporary use permit may be renewed for good cause shown;

c.

A temporary wireless telecommunications facility may be allowed on a lot in association with an event where the anticipated demand cannot be handled by existing facilities for a period not to exceed 14 days;

d.

A temporary wireless telecommunications facility may be allowed on a lot with an existing permanent wireless telecommunications facility where the permanent structure is undergoing reconstruction or maintenance and the temporary facility is needed to maintain sufficient levels of service. The temporary facility shall be removed after reconstruction or maintenance is complete and service restored on the permanent structure; and

e.

All temporary wireless telecommunications facilities, including all supporting cables and anchors, shall be contained on the lot.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2024-08-1, 8-5-2024)

(a)

The following use types are not listed in the Principal Use Table in § 30-5207, and are prohibited throughout the Town's planning jurisdiction in all zoning districts.

(b)

In cases where one or more of these uses is lawfully established and in operation prior to June 7, 2021, the use shall be subject to the transitional provisions in Article 1.

(1)

Agricultural uses.

a.

Concentrated animal feeding operations; and

b.

Slaughterhouses.

(2)

Commercial uses. Outdoor advertising or billboards, except where prohibition is preempted by State or federal law. Outdoor advertising lawfully established prior to June 7, 2021, may be permitted to continue as a nonconforming use only in accordance with §§ 136-126 through 136-140.1 of the North Carolina General Statutes.

(3)

Industrial uses.

a.

Acetylene gas manufacture;

b.

Acid manufacture;

c.

Ammonia, bleaching powder, or chlorine manufacture;

d.

Brick, tile, or terra cotta manufacture;

e.

Cellophane manufacture;

f.

Creosote manufacture or treatment plants;

g.

Distillation of bones, coal, petroleum, refuse, tar, or wood;

h.

Explosives, ammunition, fireworks, or gunpowder manufacture;

i.

Fat rendering, or production of fats and oils from animal or vegetable products by boiling or distillation;

j.

Garbage, offal, or animal reduction and processing;

k.

Glue and size manufacture;

l.

Hazardous materials handling or storage;

m.

Leather and leather products manufacturing involving tanning;

n.

Linseed oil, shellac, turpentine manufacture or refining;

o.

Nitrogenous tankage, fish meal or manufacture of any fertilizer materials carrying an objectionable odor;

p.

Oilcloth or linoleum manufacture;

q.

Ore reduction;

r.

Pulp mills; and

s.

Vinegar manufacturing.

(4)

Institutional uses.

a.

Package treatment plant wastewater disposal systems that discharge to surface waters; and

b.

Storage or processing of radioactive or infectious waste.

(5)

Residential uses.

a.

Use of a boat, houseboat, or other floating structure as a temporary or permanent residence (this shall not prevent the overnight occupancy of a vessel temporarily moored while in transit on navigable waters); and

b.

Use of a recreational vehicle as a permanent residence.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Regardless of how a use type is permitted or prohibited in the Principal Use Table in § 30-5207, if a lot or tract is located within one or more overlay zoning districts, any use type limitations in the overlay district standards shall control.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)