Atlantic Beach City Zoning Code
ARTICLE 18
5. - DEVELOPMENT STANDARDS
18.5.1. - Property Address Numbers.
A.
Applicability.
1.
All principal structures located on lots within the Town of Atlantic Beach shall display property address numbers in accordance with the standards in this section.
2.
Accessory structures and structures owned or operated by the Town shall be exempted from these requirements.
B.
Assignment. Required property address numbers shall be assigned by the Carteret County Emergency Management Department and shall be maintained on file in the appropriate County office.
C.
Location. Required property address numbers shall be displayed in a conspicuous location that is visible from the street fronting the lot (see Figure 18.5.1, Property Address Numbers).
D.
Configuration. Required property address numbers shall be at least four (4) inches high but no more than seven (7) inches high.
FIGURE 18.5.1: PROPERTY ADDRESS NUMBERS
E.
Timing.
1.
Principal structures subject to the standards in this section shall display required property address numbers prior to issuance of a certificate of occupancy, or prior to habitation in cases where no certificate of occupancy is required.
2.
All waterfront properties containing a structure for which a property number can be obtained from the Carteret County Emergency Management Office shall install required property addresses, in accordance with the standards in this section.
F.
Structures on the Waterfront.
1.
All structures located on the waterfront (including the sound, oceanfront, and canals) shall display property address numbers on the waterfront side of the property in addition to the street side.
2.
Property address numbers shall be placed in a location visible from the adjacent watercourse or beachfront, such as on a dock, pier, structure facade, or other location approved by the UDO Administrator.
3.
Lots with an undevelopable lot or parcel located between the lot line and the water shall be considered to be on the waterfront for the purposes of this section.
18.5.2. - Access and Circulation.
A.
Purpose and Intent. The purpose of this section is to support the creation of a highly connected transportation system within the Town in order to provide choices for drivers, bicyclists, and pedestrians. More specifically, these standards are intended to:
1.
Promote walking and bicycling;
2.
Connect neighborhoods to each other and to local destinations such as schools, parks, and shopping centers;
3.
Reduce vehicle miles of travel and travel times;
4.
Improve air quality;
5.
Reduce emergency response times;
6.
Increase effectiveness of municipal service delivery; and
7.
Free up arterial capacity to better serve regional long distance travel needs.
B.
Applicability. The construction of any vehicular, bicycle, and pedestrian circulation systems shall comply with all applicable Town standards and the requirements of this section.
C.
Street Arrangement.
1.
Generally. All public and private streets shall comply with applicable state and local fire codes or deviations, as approved by the North Carolina State Fire Marshal.
2.
Minimum Points of Access. Any development of more than one hundred (100) residential units, or additions to existing developments that result in the total number of units exceeding one hundred (100) shall be required to provide vehicular access to at least two (2) public streets, unless deemed impractical by the UDO Administrator due to topography, natural features, or the configuration of adjacent developments (see Figure 18.5.2.C.2: Minimum Points of Access).
FIGURE 18.5.2.C.2: MINIMUM POINTS OF ACCESS
3.
Continuation. Where new development is adjacent to vacant land likely to be divided in the future, all streets, bicycle paths, and pedestrian access ways in the development's proposed circulation system shall continue to the boundary lines of the area under the same ownership so as to provide for the orderly subdivision of adjacent land and the transportation and access needs of the community.
4.
Termination.
a.
In general, permanent cul-de-sacs and dead-end streets are discouraged in the design of street systems, and should only be used when topography, the presence of natural features, and/or vehicular safety factors make a vehicular connection impractical.
b.
Where culs-de-sac or dead-end streets are unavoidable, site and/or subdivision plans shall incorporate provisions for future vehicular connections to adjacent, undeveloped properties.
c.
Permanent dead-end streets or cul-de-sacs shall comply with the length limits and design standards set forth by the Town, and shall be provided with a turnaround at the closed street end (see Figure 18.5.2.C.4: Roadway Termination).
FIGURE 18.5.2.C.4: ROADWAY TERMINATION
5.
Retrofitting. All redevelopment and street improvement projects shall take advantage of opportunities for retrofitting existing streets to provide increased vehicular and pedestrian connectivity.
D.
Driveways Accessing Public Streets.
1.
General Requirements.
a.
Driveways accessing public streets shall be placed and constructed in accordance with the "Policy on Street and Driveway Access to North Carolina Highways" adopted by the North Carolina Department of Transportation (NCDOT), as amended.
b.
All driveways connecting to NCDOT-maintained roads must be approved by NCDOT.
2.
Required Spacing.
a.
No portion of any driveway leading from a public street shall be closer than twenty-five (25) feet to the corner of any intersection measured from the edge of the right-of-way.
b.
No two (2) driveways accessing a public street shall be located within twenty-five (25) feet of each other measured along the right-of-way (see Figure 18.5.2.D.2: Driveway Spacing).
FIGURE 18.5.2.D.2: DRIVEWAY SPACING
3.
Configuration.
a.
No surface parking or circulation driveway is permitted within any required landscaping area, but driveways may be installed across these areas.
b.
Driveways shall be as nearly perpendicular to the street right-of-way as possible.
c.
Driveways shall line up with other driveways across the street and be shared between adjacent uses, wherever possible (see Figure 18.5.2.D.3: Driveway Configuration).
FIGURE 18.5.2.D.3: DRIVEWAY CONFIGURATION
4.
Width Requirements. The following width provisions shall apply to multi-family, nonresidential, and mixed use development.
a.
Minimum Width. Driveways shall be not less than ten (10) feet wide for one-way traffic and eighteen (18) feet wide for two-way traffic.
b.
Marginal Width. Driveways of twelve (12) feet in width are permissible for two-way traffic when:
i.
The driveway is no longer than fifty (50) feet; and
ii.
The driveway provides access to not more than six (6) parking spaces; and
iii.
Sufficient turning space and stacking area is provided so that vehicles need not back into a public street.
c.
Maximum Width. The width of any driveway accessing a public street shall not exceed thirty-six (36) feet at its intersection with the right-of-way, except as required by NCDOT.
5.
Additional Standards in the CIR District. In addition to the standards in this section, development within the CIR district shall also comply with the applicable standards in Section 18.3.5.B, District-Specific Standards.
E.
Visibility at Intersections. Corner lots and lots with driveways, alleys, or other methods of ingress/egress to a public or private street shall include sight distance triangles to ensure visibility for drivers and pedestrians moving through or in an intersection. Required sight distance triangles shall be configured in accordance with the following standards:
1.
Roadway Intersections.
a.
Intersections with State-maintained Roadways.
i.
In cases where a roadway intersects a state-maintained roadway, the required sight distance triangle shall be an area between a point at the edge of the state-maintained road right-of-way located seventy (70) linear feet from the intersection and a second point at the edge of the opposing road right-of-way located ten (10) feet from the intersection.
ii.
Nothing shall prohibit the NCDOT from requiring an alternative sight distance triangle configuration.
b.
Intersections with All Other Roadways.
i.
In cases where a roadway intersects another roadway not maintained by the State, the required sight distance triangle shall be an area between a point at the edge of one (1) road right-of-way and a second point at the edge of the opposing road right-of-way, each point being a distance of twenty (20) linear feet from the intersection.
ii.
Alternative sight distance triangles may be approved by the UDO Administrator, if designed and sealed by a registered professional engineer.
2.
Points of Ingress or Egress on a Roadway. Lots with a driveway serving a parking lot of four (4) or more off-street parking spaces shall incorporate a sight distance triangle that includes an area between one (1) point at the edge of the road right-of-way located fifteen (15) feet from the edge of the driveway and a second point at the edge of the driveway located ten (10) feet from the edge of the road right-of-way.
3.
Limitations on Obstructions within Required Sight Distance Triangles.
a.
No planting, structure, fence, wall, slope, embankment, parked vehicle, or other obstruction to vision between the heights of two and one-half (2½) feet and ten (10) feet above the centerline grades of intersection streets or accessways may be located within a required sight distance triangle (see Figure 18.5.2.E.3: Sight Distance Triangles).
b.
No structure or object, regardless of its size, which obstructs visibility within a required sight distance triangle to the detriment of vehicular or pedestrian traffic shall be permitted.
FIGURE 18.5.2.E.3: SIGN DISTANCE TRIANGLES
F.
Standards for Pedestrian Facilities. Except where exempted, new residential and nonresidential development shall comply with the following pedestrian circulation standards.
1.
Sidewalks.
a.
Where Required.
i.
Sidewalks shall be installed along the frontage of all new development or redevelopment within the MHI, CIR, COR, and CPY districts.
ii.
Unless determined impractical by the UDO Administrator, residential developments with cul-de-sacs or dead-end streets shall include a sidewalk or multi-use path from the dead end or cul-de-sac to the closest local street, collector street, or to a cul-de-sac in an adjoining subdivision.
b.
Configuration. All sidewalks shall be designed to comply with Town standards pursuant to Chapter 16, Streets and Sidewalks, Section 16-8, Sidewalk Construction.
2.
Multi-Use Paths.
a.
Multi-use paths may be proposed in lieu of sidewalks in cases where sidewalks are not present or where the existing sidewalk system is not well connected. If provided, multi-use paths shall be configured in accordance with the following standards:
i.
Locations.
a)
All paths shall be located in corridors that serve origin and destination points such as residential areas, schools, shopping centers, parks, or similar features.
b)
All paths shall be built in locations that are visible and easily accessible, for the personal safety of users.
c)
All multi-use paths shall connect to the street system in a safe and convenient manner.
d)
All path connections shall include destination and directional signing.
e)
Whenever possible, paths shall be designed in such a manner that motor vehicle crossings can be eliminated or significantly minimized. Where crossings exist, they must be carefully designed to ensure the safety of the users.
ii.
Easements Required. All multi-use paths shall be located in easements dedicated to pedestrian and bicycle access by members of the general public.
iii.
Configuration.
a)
Multi-use paths shall be at least six (6) feet in width.
b)
Where multiple uses are intended (i.e., shared pedestrian and bicycle traffic) the path shall be ten (10) feet wide, to the maximum extent practicable.
c)
All paths shall be constructed of durable, low-maintenance materials, with sufficient width and clearance to allow users to proceed at reasonable speeds.
d)
Asphalt paths shall only be permitted parallel to roadways where there are a limited number of driveways and street crossings and where the path is offset a minimum of twelve (12) feet from the back of the curb.
iv.
Maintenance Required. Paths shall be maintained in usable condition throughout the year depending on level of use, including snow removal, as appropriate.
b.
Nothing shall prohibit the provision of multi-use paths in addition to the provision of sidewalk facilities, provided the multi-use paths comply with the standards in this section.
3.
On-site Pedestrian Circulation. Pedestrian walkways shall form an on-site circulation system that minimizes conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances, and shall be configured in accordance with the following standards:
a.
Pedestrian walkways shall connect building entrances to one another and building entrances to public sidewalk connections.
b.
All developments containing more than one (1) principal building shall provide pedestrian walkways between the primary entrance of each principal building.
c.
Pedestrian walkways shall be provided to any pedestrian access point or any parking space that is more than fifty (50) feet from the building entrance or principal on-site destination.
d.
All non-residential buildings set back more than one hundred (100) feet from the public right-of-way shall provide for direct pedestrian access to buildings on adjacent lots.
G.
Standards for Bicycle Lanes. Sidewalks are not acceptable as substitutes for bike lanes, and bicycle lanes shall be provided during development abutting a minor collector roadway in accordance with the following standards:
1.
Where Required. Bicycle lanes or wide outside lanes shall be incorporated in the design of all minor collectors.
2.
Configuration. Bike lanes shall be a minimum of four (4) feet in width (excluding adjacent curb and gutter, if present).
3.
Signage. Development shall provide appropriate bicycle amenities to encourage cyclists. Signage indicating the presence and location of such amenities shall be scaled for easy reading by bicyclists and pedestrians as well as motorists.
(Ord. No. 24-04-01, 4-22-2024)
18.5.3. - Off-Street Parking and Loading.
A.
Purpose and Intent. The purpose and intent of this section is to ensure the provision of safe off-street parking and loading facilities for development allowed by this Ordinance. The standards in this section are intended to avoid requiring an over-supply of parking that pose economic and environmental impacts while ensuring off-street parking is provided to mitigate impacts to streets and neighborhoods.
B.
Applicability.
1.
General. The standards in this section shall apply to all development in the Town.
2.
Additions and Expansions. Whenever a building or open air use of land is constructed, enlarged, or increased in capacity, the development shall meet the requirements of this section unless the total number of off-street parking spaces required after the addition or expansion is less than four (4).
3.
Changes in Use. If the principal use changes, then the new principal use shall meet the requirements of this section, except that if the use change results in an increase of less than five (5) percent in the required number of parking spaces, or less than four (4) additional parking spaces, no additional parking spaces are required.
4.
CIR District. Development located in the CIR district shall comply with the applicable parking standards in Section 18.3.5.B, District-Specific Standards, in addition to these standards. In cases where the standards conflict, the CIR district standards shall control.
5.
COR District. Development located in the COR district shall comply with the applicable parking standards in Section 18.3.5.D, District-Specific Standards, in addition to these standards. In cases where the standards conflict, the COR district standards shall control.
C.
Off-Street Parking Requirements for Vehicles.
1.
Parking Plan Required. Every application for a site plan, building permit, or zoning permit, shall ensure that adequate off-street parking is provided for the uses or buildings contained in the application. Off-street parking must be provided to meet the parking demand without use of public streets, except as specifically allowed by this section.
2.
Minimum Off-Street Parking Spaces Required. The minimum number of off-street parking spaces required for development shall be in accordance with Table 18.5.3.C.2, Minimum Off-Street Parking Spaces Required. Nothing shall prohibit the provision of off-street parking spaces in amounts exceeding the minimum requirements.
3.
Uses Not Listed. For uses that do not correspond to the use types listed in Table 18.5.3.C.2, Minimum Off-Street Parking Spaces Required, the UDO Administrator shall determine the minimum parking space requirement. In such instances, the application shall provide adequate information for review, which includes, but is not limited to the type of use(s), number of employees, the occupancy of the building, square feet of sales, service and office area, parking spaces proposed, and hours of operation.
4.
Other Vehicles Located Off-Street. The following vehicles are not included in Table 18.5.3.C.2, Minimum Off-Street Parking Spaces Required, and shall be parked or located outside required parking spaces and any public street right-of-way in accordance with this Ordinance:
a.
Vehicles for sale or lease;
b.
Vehicles being stored, serviced, or repaired; or
c.
Vehicles belonging to the use, such as company vehicles.
5.
Multiple Use Development. Development containing more than one (1) principal use shall provide parking spaces in an amount equal to the total of all individual principal uses, except as allowed in Section 18.5.3.G, Parking Alternatives.
6.
Driveways Used to Meet Requirements. Except for multi-family dwellings, driveways may be used to meet the minimum off-street parking space requirements for all use types in the Household Living use category, provided that sufficient space is available to meet the standards of this section.
D.
Parking Lot Configuration. All parking lots comprised of four (4) or more parking spaces shall comply with the following standards:
1.
General.
a.
All required off-street parking and loading spaces shall be located on the same lot as the principal use they serve, except as allowed in Section 18.5.3.G, Parking Alternatives.
b.
All required off-street parking and loading spaces shall not be used for any other purpose, including, but not limited to the storage or display of goods or the sale, lease, storage, or repair of vehicles.
c.
Required off-street parking shall be maintained for the duration of the principal use and shall not be reduced unless the principal use ceases or changes.
d.
Except where allowed by this Ordinance, off-street loading spaces shall be not be located in any required parking space or protrude into any public street.
2.
Easements. A parking lot shall not be located within an easement without approval of the easement holder.
3.
Parking Space Access. All off-street parking spaces shall be accessed directly from drive aisles or private driveways and not directly from arterial or collector streets.
4.
Vehicle Backing.
a.
Vehicular use areas shall be designed so that a vehicle is not required to back onto a public street to enter or exit the parking lot, a parking space, or a stacking space.
b.
Except in the CIR district, off-street loading shall be designed so that no backing into or from a public street is necessary.
5.
Dimensional Standards for Parking Spaces. Standards parking spaces and parking aisles shall comply with the minimum dimensional standards established in Table 18.5.3.D.5, Dimensional Standards for Off-Street Parking Spaces (see also Figure 18.5.3.D.5: Parking Space Configuration).
FIGURE 18.5.3.D.5: PARKING SPACE CONFIGURATION
6.
Dimensional Standards for Parking Aisles. Drive aisles within parking lots shall be configured with the following minimum widths:
a.
One-way Traffic. Parking lot aisles serving one-way traffic shall be at least 15 linear feet in width.
b.
Two-way Traffic. Parking lot aisles serving two-way traffic shall be at least twenty (20) linear feet in width.
c.
Minimum Back-up Area. Regardless of minimum aisle width requirements, parking lot aisles shall be configured to accommodate the minimum back-up maneuvering area required in Table 18.5.3.D.5, Dimensional Standards for Off-Street Parking.
7.
Handicapped Accessibility. Handicapped parking spaces are required for all forms of development except single-family detached dwellings, and shall meet the following criteria:
a.
Configuration.
i.
Handicapped parking spaces shall be in accordance with the regulations set forth by the Americans with Disabilities Act.
ii.
All handicapped spaces shall be identified by pavement markings and by appropriate signage approved by the NC Department of Transportation.
iii.
Handicapped parking spaces shall be located in the closest proximity to major building entrances, but in no event shall handicapped parking spaces be located more than one hundred (100) feet from a major building entrance.
iv.
Handicapped parking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet in depth and shall have an adjacent access aisle that has a minimum width of five (5) feet.
v.
Two (2) accessible parking spaces may share a common access aisle.
vi.
The first one out of every eight (8) accessible parking spaces shall be a van accessible space with an adjacent access aisle at least eight (8) feet wide and a vertical clearance of at least eight (8) feet along the vehicular route to the parking space.
vii.
All handicapped parking spaces shall have access to a curb-ramp or curb-cut when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles.
viii.
Parallel parking spaces for the disabled shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.
b.
Number Provided. Handicapped parking spaces shall be provided in accordance with the NC State Building Code.
8.
Pedestrian Connections. Pedestrian connections between the principal buildings on a development site and a public street(s) shall be provided in accordance with Section 18.5.2, Access and Circulation (see Figure 18.5.2.D.8: Pedestrian Connections). Parking spaces shall be designed to ensure vehicles do not encroach into the walkways.
FIGURE 18.5.3.D.8: PEDESTRIAN CONNECTIONS
9.
Stacking Spaces.
a.
General. Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive-throughs.
b.
Design. Stacking spaces are subject to the following design and layout standards (see Figure 18.5.3.E.9: Stacking Spaces):
i.
Size. Stacking spaces shall be a minimum of nine (9) feet wide and sixteen (16) feet long.
ii.
Traffic Movements. Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site.
iii.
Bicycle and Pedestrian Movement. Stacking spaces shall not impede on-site or off-site bicycle or pedestrian traffic movements, whether on-site or off-site.
iv.
Separation. Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing.
FIGURE 18.5.3.D.9: STACKING SPACES
10.
Surface Materials.
a.
All required parking spaces, drives, and loading spaces in a parking lot shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights, except as provided in this section.
b.
The use of pervious or semi-pervious materials may be approved as an alternate means of paving provided it is demonstrated that the materials will function in a similar fashion as required materials.
c.
Except for required parking facilities for the disabled, required parking may be constructed with gravel or other approved comparable all-weather surface for:
i.
Parking used on an irregular basis for religious institutions, private minor assembly uses, and other similar nonprofits organizations;
ii.
Parking for residential uses or a bed and breakfast establishment where six (6) or fewer spaces are required; and
iii.
Parking for an office use converted from a single-family detached dwelling where four (4) or fewer spaces are required.
11.
Grading and Drainage.
a.
The parking lot shall be graded, properly drained, stabilized, and maintained to minimize dust and erosion.
b.
Parking lots shall not impound stormwater unless surface impoundment is required as a method of stormwater management. However, in no instance shall surface impoundment result in a fewer number of parking spaces then required by Table 18.5.3.C.2, Minimum Off-Street Parking Spaces Required.
c.
Parking lots shall not drain onto or across public sidewalks, or into adjacent property except into a natural watercourse or a drainage easement unless alternative provisions for drainage are proposed and accepted by the UDO Administrator.
12.
Curb and Gutter. Where vehicular use areas are paved, curb and gutter or an equivalent drainage system shall be provided along the periphery of the area.
13.
Markings. All spaces and lanes in vehicular use areas shall be clearly delineated with paint lines, curbs, or other treatment, whether the vehicular use area is paved or unpaved.
14.
Curbs and Wheel Stops. All parking spaces provided shall have curbs or wheel stops located so that no part of the parked vehicle will extend onto a sidewalk, walkway, adjacent property or landscape area, whether the vehicular use area is paved or unpaved.
15.
Exterior Lighting. Exterior lighting in parking lots shall be designed to prevent glare or illumination exceeding maximum allowable levels on adjacent land and shall comply with the standards of Section 18.5.8, Exterior Lighting, as appropriate.
16.
Landscaping. Parking lot landscaping shall be provided in accordance with Section 18.5.4, Landscaping.
E.
Parking Lot Cross-Access.
1.
All non-residential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets and/or driveways (see Figure 18.5.3.E: Parking Lot Cross-Access).
2.
A minimum distance of 100 feet shall be required between a cross-access way and an intersection or driveway entrance.
3.
This requirement may be removed when cross-access is deemed impractical by the UDO Administrator on the basis of topography, the presence of natural features, or vehicular safety factors.
4.
A cross-access easement must be recorded prior to issuance of a certificate of occupancy for the development.
FIGURE 18.5.3.E: PARKING LOT CROSS-ACCESS
F.
Bicycle Parking. Bicycle parking shall be provided for all developments with twenty (20) or more off-street vehicular parking spaces, in accordance with the following standards:
1.
General Standards.
a.
A bicycle rack or other device shall be provided to enable bicycles to be secured.
b.
Bicycle racks shall be provided at a rate of one (1) rack with at least one (1) bicycle parking spaces for every ten (10) off-street parking spaces for automobiles.
c.
Bicycle parking shall be located where it does not interfere with pedestrian traffic and is protected from conflicts with vehicular traffic (see Figure 18.5.3.F: Bicycle Parking).
d.
Bicycle parking should be accessible to the primary entrances of the development and in a visible, well-lit area.
e.
Bicycle parking may be accommodated within street setback areas.
2.
Shared Parking Spaces. Nothing shall limit uses on the same or opposing block faces from establishing shared or consolidated bicycle parking spaces in central or mid-block locations, provided there are sufficient bicycle parking spaces for all uses sharing the required bicycle parking.
FIGURE 18.5.3.F: BICYCLE PARKING
G.
Parking Alternatives.
1.
On-Street Parking. If on-street parking is available for use immediately adjacent to a proposed project site, the parking requirement may be reduced by a percentage equivalent to the number of spaces available.
2.
Off-Site Parking. The required off-street parking for a use may be met off-site in accordance with the following standards:
a.
The off-site parking is located within one thousand (1,000) feet as measured from the entrance of the use to the nearest shared parking space.
b.
A sidewalk or pedestrian accessway is provided to the shared parking area from the use.
c.
A off-site parking plan is a written agreement allowing the off-site location of parking, and shall be executed by the owners involved and filed with the UDO Administrator prior to the use of off-site parking facilities.
i.
The agreement must guarantee the long-term availability of parking.
ii.
Should the agreement cease, then the use shall be considered to contain nonconforming site conditions and future expansions of the use shall be prohibited unless the use is brought into compliance with the minimum parking requirements of this section.
3.
Shared Parking. The required off-street parking for a use may be met with the required off-street parking spaces of another use, only in accordance with the following standards:
a.
The shared parking is located within one thousand (1,000) feet, as measured from the entrance of the use to the nearest shared parking space.
b.
A sidewalk or pedestrian accessway is provided to the shared parking area from the use.
c.
The uses served by the shared parking must have different peak parking demands, differences in hours or days of operation, or otherwise operate such that the uses have access to the required minimum parking spaces when in operation.
d.
The UDO Administrator may approve up to one hundred (100) percent of the minimum parking requirement of a use through a shared parking plan.
e.
A shared parking plan is a written agreement allowing the shared use of parking, and shall be executed by the owners involved and filed with the UDO Administrator prior to the use of shared parking facilities.
i.
The agreement must guarantee the long-term availability of parking.
ii.
Should the agreement cease, then the use shall be considered to contain nonconforming site conditions and future expansions of the use shall be prohibited unless the use is brought into compliance with the minimum parking requirements of this section.
4.
Compact Car Parking Spaces. Up to twenty-five (25) percent of the required off-street parking spaces may be provided as compact car spaces, provided the spaces comply with the standards in Table 18.5.3.D.5, Dimensional Standards for Off-Street Parking, and that compact car parking spaces are to be clearly marked or posted for compact cars only.
H.
Off-Street Loading Requirements.
1.
Applicability.
a.
Use types including industrial, wholesale, retail, and other uses that receive or distribute merchandise by vehicles shall include designated off-street loading spaces configured in accordance with these standards.
b.
Uses that receive not more than one (1) delivery and pickup during the normal business hours (e.g., retail trade, office, or institutional), shall also provide an off-street loading space, but it may be combined with an existing parking space on the premises.
2.
Rate of Provision. Off-street loading spaces shall be provided in accordance with Table 18.5.3.H, Required Off-Street Loading Facilities.
3.
Configuration of Designated Loading Spaces.
a.
Each designated loading space shall be at least twelve (12) feet in width, thirty (30) feet in length, and shall have a height clearance of at least fourteen (14) feet (see Figure 18.5.3.H: Off-Street Loading Spaces).
b.
Off-street loading spaces shall be designed and constructed so that all maneuvering to park vehicles for loading and unloading can take place entirely within the property lines of the premises.
c.
All ingress and egress areas shall satisfy NCDOT requirements.
d.
Loading spaces must be designed so as to not interfere with the normal movement of vehicles and pedestrians on public rights-of-way.
e.
Off-street loading spaces shall be located in the side or rear yard.
FIGURE 18.5.3.H: OFF-STREET LOADING SPACES
(Ord. No. 18-11-01, 11-26-2018; Ord. No. 22-11-01, 11-21-22; Ord. No. 23-12-01, 12-18-2023)
18.5.4. - Landscaping.
A.
Purpose and Intent. The purpose of these provisions is to establish minimum requirements for the provision and maintenance of functionally adequate, attractive screening and buffering of structures, parking areas, driveways, and land uses. These standards are intended to:
1.
Promote and increase design compatibility between different land uses, while ensuring attractive views from streets and adjacent properties;
2.
Assist in delineating separations of spaces, structures, uses, and activities on a site, or between adjacent sites;
3.
Shield adjacent properties from potentially adverse external impacts of development, and development from potential negative impacts of adjacent land uses and activities;
4.
Enhance the streetscape by separating the pedestrian from motor vehicles;
5.
Abate glare and moderate temperatures of impervious areas;
6.
Help filter air of fumes and dust;
7.
Provide shade;
8.
Attenuate noise;
9.
Reduce the visual impact of large expanses of pavement;
10.
Promote the preservation of open space;
11.
Mitigate adverse grade changes between adjacent properties;
12.
Promote energy conservation;
13.
Reduce the amount and rate of stormwater runoff and erosion;
14.
Improve stormwater runoff quality;
15.
Increase in the capacity for groundwater recharge; and
16.
Enhance the appearance and value of both residential and nonresidential development.
B.
Applicability. The standards in this section apply to the following forms of development:
1.
New Principal Building or Use. Principal buildings or open uses of land constructed, reconstructed, or established after October 23, 2017.
2.
Changes in Use. Changes in the principal use on a lot shall require the development to fully comply with these standards.
3.
Substantial Improvement. All substantial improvements, including expansions or remodeling of principal buildings, parking areas, or open uses of land shall comply with the standards, subject to the requirements of Section 18.8.7, Nonconforming Site Features.
4.
Multi-Phase Development. Multi-family, nonresidential, and mixed-use development that is planned and developed in phases shall be required to install landscaping that is associated with the active phase or phases only, unless an alternative arrangement is otherwise agreed to by the UDO Administrator and the developer. An active phase of a development is the one that is subject to permitted and on-going development activity.
5.
Development in the CIR District. Development in the CIR district shall be subject to the standards in this section as well as the landscaping standards in Section 18.3.5.B, District-specific Standards. In the event of conflicting standards, the CIR district standards shall control.
C.
Exemptions. The following forms of development are exempted from these standards.
1.
An existing or proposed single-family detached or duplex dwelling on a residentially-zoned lot.
2.
Routine maintenance of existing vegetation, such as pruning, watering, and fertilizing, outside the public right-of-way.
3.
The removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, provided the screening function of the landscaping is maintained or re-established.
4.
Repaving or restriping of a parking lot, provided there is no increase in parking lot size or the number of parking spaces.
5.
Lot lines abutting platted street rights-of-way that have remained unopened for at least ten (10) years are exempted from streetscape buffer requirements.
D.
Landscaping Plan Required.
1.
Generally.
a.
A landscape plan depicting how required landscaping will be planted in accordance with these standards shall be included with an application for site plan, preliminary plat, zoning permit, or building permit, as appropriate, to ensure compliance with this section.
b.
The landscape plan shall be approved prior to, or concurrent with, the approval of a site plan, preliminary plat, zoning permit, or the issuance of a building permit.
c.
A landscape plan shall contain, as a minimum, the following:
i.
Location of required planting material;
ii.
Identification of trees and plants, including their scientific names;
iii.
Minimum and maximum dimensions of all planting yard areas (see Section 18.10.2, Rules of Measurement);
iv.
Calculations determining the number of canopy trees, understory trees, and shrubs required (see Section 18.10.2, Rules of Measurement);
v.
Locations, species, and sizes of existing vegetation to be retained and counted towards minimum landscaping requirements; and
vi.
Existing topography, or proposed topography where site grading is proposed to occur.
2.
Stormwater Detention Pond Landscaping. If landscaping is proposed around or on the embankment of a stormwater detention pond, a landscape plan must be submitted for review to determine that the safety and functionality of the device will not be compromised by the addition of trees and/or shrubs.
3.
Landscaping in Bio-retention Cells. Trees and shrubs used in bio-retention cells or rain gardens located in parking lots or within landscape yards may be counted toward tree or shrub requirements provided they meet the minimum specifications in Section 18.5.4.E, Plant Material Specifications.
4.
Phased Development. Development that is planned in phases may submit a landscape plan for the entire development, or separate landscape plans for each phase, which shall be approved prior to approval of the final plat.
E.
Plant Material Specifications.
1.
Canopy Tree Size.
a.
Canopy trees shall have a minimum height at maturity of forty (40) feet and a minimum crown width of thirty (30) feet.
b.
All canopy trees shall have a minimum caliper size of two (2) inches at planting.
c.
Evergreen trees shall be a minimum of six (6) feet in height at planting.
2.
Understory Tree Size.
a.
Understory trees shall have a minimum height at maturity of twenty-five (25) to forty (40) feet, except that trees to be placed below overhead utility lines may not exceed a mature height of twenty (20) feet.
b.
Drought tolerant understory trees must have a minimum caliper size of one (1) inch at planting.
c.
All other understory trees must have a minimum caliper size of two (2) inches at planting.
3.
Shrub Size and Variety.
a.
All shrubs shall be at least a three-gallon size and have a minimum height or spread of eighteen (18) inches at the time of planting.
b.
Shrubs shall reach a minimum height of thirty-six (36) inches and a spread of thirty (30) inches within three (3) years of planting.
c.
Decorative grasses may be proposed as a substitute for shrubs, provided the grasses meet the screening objectives and are approved by the UDO Administrator.
4.
Native or Locally-Adapted Species.
a.
Required landscaping materials shall be cold-hardy for the location where planted.
b.
Plant species used in required landscaping areas must be native species or species of a locally-adapted nature. Other species may be approved by the UDO Administrator.
5.
Species Diversity. To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the Town's plant material specifications and the following standards:
a.
When fewer than twenty (20) trees are required on a site, at least two (2) different species shall be utilized, in roughly equal proportions.
b.
When more than twenty (20) but fewer than forty (40) trees are required to be planted on site, at least three (3) different species shall be utilized, in roughly equal proportions.
c.
When forty (40) or more trees are required on a site, at least four (4) different species shall be utilized, in roughly equal proportions.
d.
A larger number of different species than specified may be utilized.
e.
In no instance shall invasive species be utilized as landscaping materials to meet the requirements of this section.
6.
Stabilization.
a.
Required landscaping areas shall be stabilized and maintained with ground cover, mulch, or other approved materials to prevent soil erosion and allow rainwater infiltration:
b.
Required landscaping areas with slopes of fifteen (15) percent or more shall be stabilized with vegetative cover to minimize erosion and mulch washout.
c.
Use of landscape fabric on slopes of fifteen (15) percent or more is discouraged.
F.
Landscaping Placement.
1.
Grouping of Plant Material.
a.
Except within a Type A perimeter buffer or within a parking lot perimeter area, required plant material may generally be grouped or clustered, however, the overall screening intent must be adequately addressed. Groupings or clusters shall be depicted on the landscape plan.
b.
Required plant material in a Type A perimeter buffer may not be grouped, and shall be planted according to the required on-center spacing in Table 18.5.4.I.4, Buffer Configuration.
c.
Perimeter landscaping materials adjacent to parking lots, access drives, loading areas, and outdoor storage may not be grouped.
2.
Multiple-Lot Development.
a.
A multiple-lot development, such as a shopping center, that is configured and developed as a single entity shall be treated as a single lot for the purposes of applying the landscaping standards.
b.
Individual lots located within a multiple-lot development are not required to provide perimeter buffers along lot lines internal to the development, but the perimeter of the development shall be subject to the standards in Section 18.5.4.I, Perimeter Buffers (see Figure 18.5.4.F.2: Multiple Lot Landscaping).
FIGURE 18.5.4.F.2: MULTIPLE LOT LANDSCAPING
3.
Easements.
a.
Trees may be located within a required easement on a case-by-case basis with the permission for the easement holder.
b.
Shrubs may be planted within the outer three (3) feet of an easement, subject to approval by the easement holder (whether such easement pertains to above or below ground rights).
c.
When landscaping is within an easement, the easement holder is responsible for replacement of any required vegetation if maintenance or other utility requirements result in its removal.
d.
When shrubs are planted in a drainage easement, they shall not impact the easement design or impede the flow of water through the easement.
e.
Where an easement and a required landscape area coincide, there is a prohibition on planting within the easement and the remaining width is not sufficient to properly contain required plant material, then the required landscaping area width shall be expanded outside the easement.
4.
Fire Protection System. Minimum clear separation distances required by the current adopted version of the North Carolina Fire Code shall be maintained for landscaping near a fire protection system.
5.
Plantings in the Right-of-Way. Required planting materials shall not be located within a public or private street right-of-way.
6.
Permitted Encroachments. The following are permitted in required landscape areas as indicated, provided the landscaping requirements are met and there is no interference with visibility at intersections.
a.
The following features may be located entirely within required landscaping areas provided the screening function of the landscaping is maintained:
i.
Landscaping features such as, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths;
ii.
Pet shelters;
iii.
Ornamental entry columns, gates, fences, walls, and retaining walls;
iv.
Flagpoles of thirty (30) feet in height or less;
v.
Lamp and address posts;
vi.
Utility cabinets of four (4) feet in height or less;
vii.
Mailboxes; and
viii.
Signage.
b.
The following features may cross a required landscaping area in a manner that minimizes the impact to the required landscaping:
i.
Driveways, sidewalks, or pedestrian accessways;
ii.
Utilities; and
iii.
Stormwater management facilities.
7.
Prohibited Features. The following features shall not be located within a required landscaping area:
a.
A principal building or open air use;
b.
An accessory structure or open air use other than those permitted in subsection (6);
c.
Off-street parking or loading areas; or
d.
Outdoor storage.
G.
Features Within Required Landscaping Areas.
1.
Berms.
a.
Berms may be used independently, or in conjunction with a wall or fencing, to meet the screening intent of a perimeter buffer or other required screening.
b.
Berms shall have a slope not exceeding 3:1 (horizontal to vertical), have a crown width at least one-half (½) the berm height, and be no taller than six (6) feet above the toe of the berm.
c.
Berms shall be stabilized with vegetation and ground cover.
d.
A berm may not damage the roots of existing healthy vegetation to be preserved.
e.
A berm shall not interfere with required a sight distance triangle.
2.
Fences and Walls.
a.
Opaque fences or walls, a minimum of four (4) feet in height, constructed within required landscaping areas, may reduce the minimum and average perimeter buffer width requirement in accordance with Table 18.5.4.I.4, Buffer Configuration.
b.
If utilized, fences or walls shall be located within the required landscaping area and all required shrubs shall be planted between the fence or wall and the lot line. Required trees may be planted behind the fence or wall (see Figure 18.5.4.G, Fences or Walls in Required Landscaping Areas).
FIGURE 18.5.4.G: FENCES OR WALLS IN REQUIRED LANDSCAPING AREAS
3.
Planters.
a.
Planters, if provided, shall be constructed of masonry, stone, or pressure treated lumber stamped for ground contact. Other materials may be approved, based upon their durability, by the UDO Administrator.
b.
Planters shall have a minimum height of thirty (30) inches and have an effective planting area of seven (7) feet (measured in any direction) if trees are to be planted and an effective planting area of four (4) feet (measured in any direction) if no trees are to be included.
c.
The minimum height of shrubs in the planter, except for ground cover, shall be six (6) inches at the time of planting.
H.
Parking Lot Landscaping. All parking lots of four (4) or more spaces serving multi-family, mixed-use, and nonresidential developments shall comply with the following parking lot landscaping standards:
1.
Shade Trees. All parking lots shall include shade trees to reduce the heat island effect and soften the appearance of the parking lot, in accordance with the following standards:
a.
Parking lot landscaping shall include at least one (1) canopy tree for every twelve (12) parking spaces (see Figure 18.5.4.H.1: Shade Trees in Parking Lots).
b.
Required canopy trees shall be placed such that no parking space is more than sixty (60) feet from the trunk of a canopy tree.
c.
Required canopy trees shall be distributed throughout parking areas and may be located in landscape islands, landscape divider medians, between rows of parking, in driveway medians, and within ten (10) feet of the perimeter of the parking lot.
FIGURE 18.5.4.H.1: SHADE TREES IN PARKING LOTS
2.
Interior Plantings.
a.
Area to be Landscaped. For the purposes of this section, the interior of a parking lot shall be all of the area within the outer boundary of the parking lot including interior and corner landscape islands intended to fulfill the interior parking lot landscaping requirements, but not including perimeter parking lot landscaping.
b.
Landscaping Islands and Strips. A parking aisle with more than twelve (12) spaces in a single row shall provide and maintain landscaping islands at each end, or provide landscaping strips along the full length of the row, in accordance with the following standards:
i.
Islands shall have a minimum dimension of nine (9) feet and a minimum area of one hundred sixty-two (162) square feet, including the curb (if curbing is provided).
ii.
Landscape islands that do not contain canopy trees shall contain three (3) or more shrubs and also may contain understory trees.
iii.
Landscaping islands intended for the placement of canopy or understory trees shall maintain a minimum width of nine (9) feet.
iv.
Landscape strips between adjoining rows of parking spaces or serving as driveway medians shall have a minimum dimension of nine (9) feet, including the curb (if provided). Landscape strips that do not have canopy trees shall include shrubs planted no more than ten (10) feet on-center.
v.
Landscaping strips running the full length of a row of parking spaces shall be provided so that no more than four (4) rows of parking spaces are provided without a landscaping strip (see Figure 18.5.4.H.2.b: Landscaping Strips in Parking Lots).
FIGURE 18.5.4.H.2: LANDSCAPING STRIPS IN PARKING LOTS
c.
Separation of Light Poles and Trees. In order to prevent the need to excessively trim trees within landscape areas and to maintain the effectiveness of parking area lighting, light poles shall be spaced at least ten (10) linear feet from a canopy tree trunk, to the maximum extent practicable (see Figure 18.5.4.H.2.c: Separation of Trees and Lights).
FIGURE 18.5.4.H.2.C: SEPARATION OF TREES AND LIGHTS
d.
Protection of Landscape Islands.
i.
Landscape islands shall be protected from vehicle damage by the installation of curbing, wheel stops or other comparable methods.
ii.
The placement of plant material within landscape islands shall allow for a two and one-half-foot vehicle overhang from the face of the curb or wheel stop.
e.
Protection of Pedestrian Accessways. Pedestrian accessways shall be located at least five (5) feet from tree trunks, to the maximum extent practicable. In cases where a pedestrian accessway must be located closer than five (5) feet from a tree trunk, wooden walkways, pervious pavers, or other method shall be used for the accessway.
f.
Stormwater Management. A landscape island may be designed to function as a stormwater management device provided its landscaping performance function is maintained.
g.
Structural Soil Required. Landscaping islands and strips located within a parking lot shall be comprised of properly prepared structural soil that has been properly amended and cultivated to support healthy vegetation.
3.
Perimeter Plantings.
a.
Intent. Parking lot perimeter landscaping shall be designed to soften the view of the parking lot from an abutting street or development and to filter spillover light from vehicle headlights. Required plant material shall be planted in such a way as to best achieve this intent.
b.
Location.
i.
Required plant material shall be placed adjacent to the perimeter of the parking area (see Figure 18.5.4.H.3: Parking Lot Perimeter Landscaping).
ii.
Depending upon the geometric relationship of the parking lot to the property lines or to topographic conditions, plant material may be placed away from the edge of the parking area, if necessary, to best achieve the intent of this section, as determined by the UDO Administrator.
c.
Planting Rate.
i.
Parking lot perimeter landscaping shall consist of a single continuous row of evergreen shrubs planted no greater than three (3) feet on-center.
ii.
Applicants may propose an alternative plant species (such as native grasses) provided the proposed plant material provides a fully opaque screen to a minimum height of thirty-six (36) inches above grade throughout the year.
FIGURE 18.5.4.H.3: PARKING LOT PERIMETER LANDSCAPING
d.
Size of Plant Material. Shrubs used for parking lot perimeter landscaping shall be of a minimum size necessary to achieve a height of thirty-six (36) inches above grade within three (3) years of planting.
e.
Alternatives. Perimeter parking lot plantings may be supplemented or replaced through use of a vegetated berm configured in accordance with Section 18.5.4.G.1, Berms, or a fence or wall that meets the screening objective of this section and is configured in accordance with Section 18.5.7, Fences and Walls.
f.
Exemption. Where off-street parking lots are adjacent to one another, but on different lots, perimeter plantings are not required along the common boundary of the parking lots.
I.
Perimeter Buffers.
1.
Purpose and Intent. These standards are proposed to eliminate or minimize potential nuisances, such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas through physical and visual separation between incompatible land uses, or between land uses and adjacent roadways.
2.
Applicability. Development shall provide perimeter buffers in accordance with Table 18.5.4.I.5, Buffer Application.
3.
Buffers Distinguished. Table 18.5.4.I.4, Buffer Configuration, establishes the standards for the following perimeter buffers:
a.
Type A Opaque Buffer;
b.
Type B Semi-Opaque Buffer; and
c.
Type C Intermittent Buffer.
4.
Buffer Configuration. Table 18.5.4.I.4, Buffer Configuration, sets out the minimum requirements for each type of perimeter buffer.
| TABLE 18.5.4.I.4: BUFFER CONFIGURATION | ||
|---|---|---|
| Buffer Type | Minimum Requirements | |
| Option 1 | Option 2 | |
| Type A Opaque Buffer | ||
 | ||
| Intent: This landscape yard functions as an opaque screen from the ground to a height of 8 feet. This type of buffer prevents visual and auditory contact between uses and creates a strong impression of total separation. The image above shows the buffer at maturity. | ||
| Average width (feet) [1] | 15 | 12 |
| Minimum width (feet) [1] | 12 | 10 |
| Canopy trees per every 100 linear feet (#)/on-center spacing (feet) | 3/33 | 4/25 |
| Understory trees per every 100 linear feet (#)/on-center spacing (feet) | 6/16 | 2/50 |
| Shrubs per every 100 linear feet (#) | 25 | [2] |
| Minimum evergreen shrub percentage (%) | 100 | 20 |
| Additional Standards | N/A | [3] |
| Type B Semi-Opaque Buffer | ||
 | ||
| Intent: This landscape yard functions as a partially opaque screen from the ground to a height of six (6) feet. This type of buffer prevents visual contact between uses and creates a sense of spatial separation. The image above shows the buffer at maturity. | ||
| Average width (feet) [1] | 10 | 8 |
| Minimum width (feet) [1] | 8 | 5 |
| Canopy trees per every 100 linear feet (#) | 1/ | 1 |
| Understory trees per every 100 linear feet (#)/on-center spacing (feet) | 4/16 | 2/50 |
| Shrubs per every 100 linear feet (#) | 15 | [2] |
| Minimum evergreen shrub percentage (%) | 100 | 20 |
| Additional Standards | N/A | [4] |
| Type C Intermittent Buffer | ||
 | ||
| Intent: This landscape yard functions as an intermittent visual screen from the ground to a height of five (5) feet. It is intended to partially block visibility between different uses but not totally obstruct visual contact from one use to another. The image above shows the buffer at maturity. | ||
| Average width (feet) [1] | 5 | 4 |
| Minimum width (feet) [1] | 4 | 3 |
| Canopy trees per every 100 linear feet (#) | 1 | N/A |
| Understory trees per every 100 linear feet (#)/on-center spacing (feet) | N/A | 3/33 |
| Shrubs per every 100 linear feet (#) | 7 | 4 |
| Minimum evergreen shrub percentage (%) | 50 | 100 |
| NOTES: | ||
| [1] In cases where the required district setback is less than the required perimeter buffer width, the perimeter buffer width shall be reduced, as necessary. | ||
| [2] Shrubs shall be planted every six (6) feet on-center along the full course of the fence or wall between the fence or wall and the lot line. | ||
| [3] A six-foot opaque fence, wall, berm, or combination shall be provided within the required perimeter buffer. | ||
| [4] A four-foot opaque fence, wall, berm, or combination shall be provided within the required perimeter buffer. | ||
5.
Buffer Application. Table 18.5.4.I.5, Buffer Application, specifies the type of perimeter buffer that new development shall provide between it and adjacent land, based on the zoning district of the development site and that of the adjacent land. The buffer type is indicated by a letter corresponding to one of the three (3) buffer types described in Table 18.5.4.I.4, Buffer Configuration.
6.
Buffer Responsibility.
a.
Adjacent to Vacant Parcel. Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required in accordance with this section, the developing parcel shall provide a minimum of one-half (½) of the perimeter buffer required adjacent to the vacant land.
b.
Adjacent to Existing Land Use(s).
i.
Where a developing parcel is adjacent to an existing use and a perimeter buffer is required in accordance with this section, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table 18.5.4.I.4, Buffer Configuration, and Table 18.5.4.I.5, Buffer Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots.
ii.
Where part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing only the additional planting material on-site necessary to meet the standards of this section.
iii.
The landscape plan shall include photographs and a description of existing vegetation on adjacent lands that are to be counted towards meeting the perimeter buffer requirements in this section.
7.
Buffer Location.
a.
Perimeter buffers required by this section shall be located along the outer perimeter of the lot and shall extend to the connecting lot lines (see Figure 18.5.4.J. 7: Buffer Location).
b.
In cases where the lot line is within a drainage swale, the perimeter buffer shall extend to the edge of the swale instead of the lot line.
c.
A perimeter buffer may be located along shared access easements between parcels in nonresidential developments.
FIGURE 185.4.I.7: BUFFER LOCATION
J.
Streetyard Buffers. Development subject to these landscaping standards shall provide a streetyard buffer in accordance with the following standards:
1.
Where Required. Streetyard buffers shall be provided along all lot lines bounded by a collector or thoroughfare street right-of-way.
2.
Required Plant Material. Streetyard buffers shall be configured in one (1) of the following three (3) ways (see Figure 18.5.4.J: Streetyard Buffers):
a.
Two (2) canopy trees per every one hundred (100) linear feet of frontage;
b.
One (1) canopy tree and two (2) understory trees per every one hundred (100) linear feet of frontage; or
c.
In cases where overhead utilities are present, three (3) understory trees per every one hundred (100) linear feet of frontage.
3.
Configuration.
a.
A streetyard buffer shall maintain a minimum width of ten (10) feet.
b.
Driveway widths (measured at the inside edge of the buffer) are excluded from the streetyard buffer distance calculation.
c.
Required sight distance triangles are excluded from the buffer length determination, and streetyard buffer landscaping material shall not be located within a required sight distance triangle.
d.
While the streetyard buffer width is typically located parallel to the lot line, design variations are allowed subject to the approval of the UDO Administrator, as needed to address existing obstructions or topographic conditions.
FIGURE 18.5.4.J: STREETYARD BUFFERS
K.
Planting Flexibility.
1.
Credit for Existing Vegetation.
a.
In order to encourage the preservation of established vegetation, credit shall be given for preservation within the proposed buffer or other required landscaping areas on a one-for-one basis. In limited cases, the UDO Administrator may allow the applicant to count established vegetation located outside of the required planting area (such as streetyard buffers) towards the landscaping requirement.
b.
Vegetation to be credited towards these requirements shall be protected in accordance with these standards before and during development of the site and maintained thereafter in a healthy growing condition.
2.
Plantings in Shaded Areas. In cases where required landscaping material would be heavily shaded by buildings on either side of the lot line, required trees and shrubs may be planted outside the shaded area to improve their chances of survival.
3.
Revisions to Approved Landscaping Plans. Due to seasonal planting problems and/or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the UDO Administrator if:
a.
There is no reduction in the quantity of plant material.
b.
There is no significant change in size or location of plant materials.
c.
The new plants are of the same general category (i.e., shade tree, ornamental tree, evergreen, or shrub) and have the same general design characteristics (mature height, crown spread) as the materials being replaced.
4.
Alternative Landscaping Plans. An alternate landscape plan may be approved by the UDO Administrator that allows modifications to the requirements of this section. Natural physical conditions (such as wetland areas, topography, or non-arable soils), lot configuration, utility easements, desire to retain existing vegetation, and impractical situations that would result from application of this section, may justify approval of an alternate landscape plan.
a.
Intent. Any alternate landscape plan approved shall meet the intent of the applicable planting yard(s) and the purpose and intent of the landscaping standards of this section.
b.
Allowable Modifications.
i.
The following landscape standards may be modified by an alternate landscape plan:
a)
The location of required plant materials;
b)
The configuration of required plant materials; and
c)
The number of required plant materials.
ii.
The alternative landscape plan shall include justification for the modifications requested, based upon but not limited to the following:
a)
The presence or planned location of public utilities, infrastructure, or easements;
b)
The location of existing healthy vegetation or other beneficial site features to be retained after development;
c)
The size, shape, or topographic elevation of the site relative to the street(s) it abuts; and
d)
The need to protect solar access or avoid permanently shaded areas on the site.
L.
Time of Installation.
1.
A certificate of occupancy shall not be issued, until all seeding, trees, and plant material have been placed in accordance with the approved site plan and requirements of this section.
2.
A temporary certificate of occupancy may be issued for a period of one hundred twenty (120) days under circumstances that would affect the seeding and planting of the site, or until the proper planting season is reached to complete the landscaping requirements, and may be extended up to ninety (90) days upon request to the UDO Administrator.
M.
Required Maintenance.
1.
Responsibility. The responsibility for maintenance of required landscaping areas shall remain with the owner of the property, his or her successors, heirs, assignees or any consenting grantee. Maintenance is required in order to ensure the proper functioning of the plantings as a landscaped area which reduces or eliminates nuisance and/or conflict.
2.
Maintenance.
a.
All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to: watering, mulching, fertilizing, and pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming.
b.
Necessary pruning and trimming shall be in accordance with the Tree Care Industry Association (TCIA) Standards for the Professional Arborist, and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures that may cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation of these zoning regulations.
c.
Dead or diseased plantings shall be removed. Unless specifically exempted (such as understory trees shaded by canopy trees), replacement plantings shall be provided for any required plants which die or are removed for any reason and shall meet all minimum standards and conform to these regulations.
d.
Natural water courses within a buffer shall be maintained in a natural condition consistent with any applicable regulations.
e.
Landscape structural features such as walls, fences, berms, or water features shall be maintained in a structurally safe and attractive condition.
f.
Where other uses, including pedestrian bicycle accessways, are allowed within a required landscaping area, these uses shall be maintained to provide for their safe use.
3.
Failure to Maintain.
a.
Failure to maintain required landscaping areas is a violation of this Ordinance, in accordance with Article 18-9: Enforcement.
b.
Through the course of enforcement of these standards, the Town may recover the cost of enforcement, including reasonable attorney fees.
c.
The Town may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter a landscaping area to conduct required maintenance. The cost of maintenance shall be charged to those persons having the primary responsibility for maintenance of the buffer area.
N.
Site Inspection.
1.
Post Construction Inspection.
a.
A permanent certificate of occupancy for the development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan or subdivision plat.
b.
No person shall refuse entry or access to any staff or authorized representative, of the Town who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with that representative while in the process of carrying out official duties.
2.
Follow-up Inspection. The UDO Administrator or his/her designee shall inspect the site one (1) year after the issuance of a permanent certificate of occupancy in order to ensure compliance with the approved site plan and to ensure that the landscaping is properly maintained.
3.
Periodic Inspection.
a.
The UDO Administrator may periodically inspect sites subject to the provisions of this Ordinance. If, through inspection, it is determined that a site does not comply with the approved site plan or subdivision plat, a notice to comply shall be served upon the landowner by registered mail with return receipt or other means by the Town.
b.
The notice shall set forth that which will be necessary to comply with the Ordinance.
c.
The Town shall have the power to conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance and for this purpose may enter at reasonable times upon the property, public or private, for the purpose of inspecting the site(s) subject to the provisions of this Ordinance.
O.
Revegetation.
1.
Damage or Removal of Vegetation is a Violation.
a.
The damage, disturbance, or removal of any landscaping area or vegetation required by this section shall constitute a violation of this Ordinance.
b.
Damage or removal of existing vegetation required to be preserved during the course of development activity shall be subject to civil penalty of two dollars ($2.00) for every square foot area of vegetation damaged or destroyed, not to exceed thirty thousand dollars ($30,000.00).
2.
Replacement Required.
a.
Any disturbed landscaping areas, areas of preserved existing vegetation, or required plant material shall be replaced in accordance with the approved development application and these standards.
b.
Trees or vegetation that die within one (1) year of construction completion shall be removed and replaced with new vegetation of equal or greater size.
3.
Revegetation Plan Required. In cases where required landscaping or existing vegetation required to be preserved is damaged, disturbed, or removed, a revegetation plan shall be submitted for review and approval by the UDO Administrator, in accordance with the following standards:
a.
Any tree with a caliper of at least eight (8) inches that is damaged or removed shall be replaced with one (1) or more trees that have a caliper of at least two and one-half (2½) inches and a cumulative caliper equal to or greater than the original tree.
b.
Trees damaged or destroyed less than eight (8) inches in diameter shall be replaced to satisfy the performance criteria of this section.
c.
Understory trees and shrubs may also be required to restore the landscaping performance criteria for the disturbed area.
4.
Location of Replacement Trees and Vegetation.
a.
Replanting shall be located within the vicinity of the violation.
b.
If the area is too small for sufficient growth, a more suitable location on the site may be selected, as permitted by the UDO Administrator.
P.
Emergencies. In the case of emergencies such as windstorms, ice storms, fire, or other disasters, the Town may reduce or suspend the requirements of this Ordinance during the emergency period so that the requirements of this Ordinance will in no way hamper private or public work to restore order in the Town.
18.5.5. - Tree Preservation.
A.
General Requirements.
1.
Existing vegetation shall be preserved whenever feasible.
2.
The decision to preserve vegetation shall be made jointly by the TRC, developer and design team during the project approval process.
3.
Determinations on how vegetation shall be preserved will be based on the results of a protected tree survey as required by Section 18.5.5.B, Tree Survey Required.
4.
Protected tree surveys are not required for the consideration of rezoning requests.
5.
If it is determined that no protected trees exist on a proposed development site, the applicant shall provide documentation supporting this claim in conjunction with an application for a zoning permit.
6.
When selecting which trees to preserve, the following shall be considered:
a.
Existing and proposed grading;
b.
Age, condition and type of tree; and
c.
Location of site improvements and utility connections.
7.
Trenching, placing backfill in the critical root zone (CRZ), driving or parking equipment in the CRZ, and dumping of trash, oil, paint or other materials detrimental to plant health in close proximity of the trees to be preserved is prohibited.
8.
Requirements for the protection of trees during the construction phase of a project are outlined within Section 18.5.5.D, Preservation of Trees During Construction.
9.
Should any tree designated for preservation in the landscape plan die during or subsequent to the construction phase of a project, the owner shall replace it within one hundred eighty (180) days with landscaping equal to what would be required in this Ordinance.
B.
Tree Survey Required.
1.
The primary objective of tree survey requirements is to provide better information about the presence and location of protected trees on sites proposed for development. This information is needed in cases where an applicant seeks to get credit towards other landscaping requirements through the retention of existing vegetation.
2.
Tree survey requirements do not obligate a property owner or developer to save trees by modifying a plan for development.
3.
A protected tree survey shall be required for any multi-family development, nonresidential development, or major subdivisions, with applications for site plan, preliminary plat or development plan that seek to use existing vegetation towards landscaping requirements. The protected tree survey shall show the general location, species and size of any tree.
C.
Removal of Existing Trees.
1.
A permit shall be required for the removal or destruction of a large or small mature tree or trees.
2.
The permit shall be issued when the UDO Administrator or his/her designee has determined that:
a.
The mature tree or trees to be removed are dead, diseased, irreparably damaged, hazardous, or creating or potentially creating damage to the property or injury to person; or
b.
An approved landscape plan has been issued in accordance with this Ordinance.
3.
A permit is not required for the area of an approved plan designated as single-family or duplex residence, exclusive of open space.
4.
Trees to be removed from the public rights-of-way by electric utilities and other utilities must be replaced by such entity in equal quantity.
D.
Preservation of Trees During Construction. The following standards are required in cases where existing vegetation is to be retained and credited towards landscaping requirements. Barricades required under these standards shall be located around vegetation to be retained during and after construction.
1.
Protective Barricades Required. Protective barricades shall be placed around all protected trees designated to be saved, prior to the start of development activities or grading, in accordance with the following:
a.
Protective barricades shall consist of two-inch × four-inch posts with one-inch × four-inch rails or orange safety fence.
b.
Protective barricades shall remain in place until development activities are complete.
2.
Activity within Protective Barricades.
a.
The area within the protective barricade shall remain free of all building materials, stockpiled soil or other construction debris.
b.
Construction traffic, storage of vehicles and materials, and grading shall not take place within the protective areas of the existing trees.
3.
Location of Barricades. Barricades shall be erected at a recommended minimum distance from the base of protected trees according to the following standards (see Figure 18.5.5: Tree Protection Fencing):
a.
Trees Ten (10) Inches or Less in DBH. Protective barricades shall be placed a minimum distance of ten (10) feet from the base of each protected tree, or outside the dripline, whichever is greater.
b.
Trees Greater than Ten (10) inches in DBH. Protective barricades shall be placed at a minimum distance equal to ten (10) feet from the base of a protected tree plus an additional one (1) foot for each additional one (1) inch in DBH greater than ten (10) inches of DBH, or outside the dripline, whichever is greater.
FIGURE 18.5.5: TREE PROTECTION FENCING
4.
Access. Construction access to a site should occur where an existing or proposed entrance/exit is located.
5.
Grading.
a.
Except for driveway access points, sidewalks, curb and gutter, land disturbance within a tree dripline is prohibited.
b.
Where grading within a tree dripline cannot be avoided, cut and fill shall be limited to one-fourth (¼) to one-third (⅓) of the area within the dripline, tree roots must be pruned with clean cuts at the edge of the disturbed area, and no fill shall be placed within the dripline of a tree without venting to allow air and water to reach the roots.
6.
Trees in Open Space. Trees and undergrowth in designated open space in an approved plan shall remain undisturbed, except for permitted pathways.
E.
Clear Cutting.
1.
Prior to Development.
a.
Properties shall not be clear-cut prior to undertaking development activities.
b.
Along public rights-of-way, a buffer consisting of all existing vegetation located in a required street yard shall be maintained, exclusive of areas required for access to the site.
c.
Applications proposing development of properties that failed to maintain such a buffer prior to development may be denied for a period of up to five (5) years from the date of clearing in conformance with G.S. 160D-922.
2.
During Development.
a.
Properties shall not be clear cut while undertaking development activities.
b.
The preservation of the maximum amount of existing vegetation and selective removal of existing trees throughout the site is strongly encouraged during project design and construction.
c.
In order to encourage such preservation, the UDO Administrator may count established vegetation preserved during development towards the landscaping requirement.
18.5.6. - Solid Waste Collection Facilities and Mechanical Equipment.
A.
Purpose and Intent. These standards are intended to reduce the visual impact of solid waste collection structures and service areas upon the public realm and adjacent lots as well as to enhance the aesthetics of development in the Town.
B.
Applicability.
1.
Unless exempted in accordance with Section 18.5.6.C, Exemptions, the standards in this section apply to the following:
a.
Principal buildings constructed or open uses of land established after October 23, 2017;
b.
Changes in use; and
c.
Expansions of principal building floor area one thousand (1,000) or more square feet or expansions of off-street parking of two thousand (2,000) or more square feet.
2.
For the purposes of this section, the site features subject to these standards include the following:
a.
Solid waste collection dumpsters, bins, and compactors;
b.
Recycling facilities (including cardboard recycling);
c.
Ground-based climate control equipment;
d.
Ground-based mechanical equipment (including electrical generators);
e.
Above ground storage tanks; and
f.
Loading equipment.
C.
Exemptions. Solid waste collection facilities and mechanical equipment serving single-family detached and duplex dwellings shall be exempted from these standards, but these standards shall apply within manufactured home parks.
D.
General Standards.
1.
Location. No site features subject to these standards shall be located between the principal structure and the street it fronts.
2.
Screening Required. Site features subject to these standards shall be screened from view from streets, single-family detached residential dwellings, and duplex dwellings.
E.
Screening Methods. Site features subject to these standards that are required to be screened in accordance with Section 18.5.6.D.2, Screening Required, may be screened by any of the following methods, in single use or in combination (see Figure 18.5.6.E: Screening Methods):
1.
Evergreen vegetation configured to provide a fully-opaque screen to a minimum height of six (6) feet within four (4) years of planting;
2.
Vegetated berms supplemented with plantings as necessary to provide a fully-opaque screen to a minimum height of six (6) feet within three (3) years of planting;
3.
An opaque fence constructed of treated wood, rot-resistant wood (such as cypress or redwood), plastic, or vinyl;
4.
A masonry wall constructed of brick, textured concrete masonry units, or stuccoed block; or
5.
Walls of a principal or accessory structure.
FIGURE 18.5.6.E: SCREENING METHODS
F.
Specific Standards for Solid Waste Facilities.
1.
All dumpsters and trash receptacles shall meet the minimum setback requirements of the underlying zoning district.
2.
All required dumpster, recycling, and trash handling facilities shall be designed with appropriate means of access to a street or alley in a manner that will least interfere with traffic movement, and will most facilitate the service of the facilities.
3.
Space allocated to any trash handling facilities shall not be used to satisfy the space requirements for off-street parking or loading facilities, nor shall any parking or loading spaces be used to satisfy the space requirements for any dumpster or trash handling facility.
18.5.7. - Fences and Walls.
A.
Applicability. The provisions of this section shall apply to all construction or replacement of all fences, screening walls, or retaining walls. A fence or wall may only be erected in accordance with this section and Section 18.2.4.Z, Zoning Permit.
B.
Exemptions. The following are exempted from the standards in this section:
1.
Temporary fences for construction sites, including but not limited to: fencing necessary for soil erosion and sedimentation control and tree protection.
2.
The fence height limitations in this section shall not apply to fences built in conjunction with the following:
a.
Electric or gas substations;
b.
Water or sewage treatment facilities; or
c.
Municipal water storage facilities.
C.
Locational Standards.
1.
General. No fence or wall shall:
a.
Be located within the public right-of-way (except for public fences or walls, or as needed for retention of soil);
b.
Impede visibility of the required property address number;
c.
Block pedestrian access from doors or windows; or
d.
Be located within two (2) feet or less of a building wall (except where a fence or wall originates or terminates at a fence or wall).
2.
Easements.
a.
Fences may be located within a required easement, subject to any additional restrictions imposed by the easement agreement. However, the landowner shall remain solely liable for any repair or replacement if any portion of the fence or wall is damaged during maintenance or construction activities within the easement by the easement owner or their agent.
b.
Walls shall not be placed within a required drainage, utility, or other easement unless specifically allowed by the easement agreement.
3.
Block Drainage. Fences or walls shall not alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch.
4.
Obstructions at Intersection. No fence or wall shall be located within a required sight distance triangle (see Section 18.5.2.E, Visibility at Intersections).
5.
Required Setbacks. Fences or walls may be located within required setbacks, but shall not encroach into a lot under separate ownership.
6.
Required Landscaping Areas. Fences or walls may be located in required landscaping areas, subject to the standards in Section 18.5.4, Landscaping.
D.
Height.
1.
Maximum fence and wall height shall be in accordance with Table 18.5.7.D, Maximum Fence and Wall Height:
2.
Fence and wall height shall be measured in accordance with the standards in Section 18.10.2.O, Fence and Wall Height.
E.
Materials.
1.
Permitted Materials. The following fencing materials are permitted for fences:
a.
Masonry or stone;
b.
Ornamental iron, steel, or aluminum;
c.
Wood;
d.
Vinyl, plastic, or composite; or
e.
Chain-link, except where prohibited by this Ordinance.
2.
Restricted Materials.
a.
Barbed wire, razor wire, concertina wire, and similar materials may only be used in the following instances:
i.
Fences for public safety facilities, including potable water storage or treatment; or
ii.
Fences enclosing livestock.
b.
Fences that carry an electrical current are allowed solely for the purposes of enclosing livestock (nothing shall prohibit below-ground electrical fences intended for the keeping of pets).
3.
Prohibited Materials.
a.
Fences made of debris, junk, rolled plastic, sheet metal, untreated or unpainted plywood, readily flammable material, or waste materials, unless the materials have been recycled and reprocessed, for marketing to the general public, as building materials designed to resemble new building materials (e.g., picket fencing made from recycled plastic and fiber).
b.
In no instance shall tarps or silt fencing remain on a lot or site after completion of construction.
4.
Materials for Temporary Fences. Temporary fences in place for up to ninety (90) days may be comprised of any material approved by the UDO Administrator.
5.
Wall Material Standards.
a.
Walls shall be constructed of one (1) or more of the following materials:
i.
Stucco over concrete block;
ii.
Exposed aggregate concrete; or
iii.
Brick, stone, or architectural block assembled in a structurally safe and attractive condition.
b.
No walls of exposed or painted-only, smooth-face concrete block shall be permitted.
c.
Alternative wall materials may be permitted by the UDO Administrator provided they provide a similar level of opacity to that of the listed materials and are in keeping with the architecture of the development.
F.
Finished Side. All fences or walls shall be configured so that the finished side faces outwards except when an alternative configuration is required by the State Building Code (see Figure 18.5.7.F: Finished Side). For the purposes of this section, the finished side does not include any supporting members or bracing.
FIGURE 18.5.7.F: FINISHED SIDE
G.
Maintenance.
1.
Any fence or wall which, through neglect, lack of repair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal, or property is hereby deemed a nuisance.
2.
If such conditions exist, the UDO Administrator shall require the owner or occupant of the property upon which the fence or wall is located to repair, replace, or demolish the fence or wall causing the nuisance.
18.5.8. - Exterior Lighting.
A.
Purpose and Intent. The purpose of this section is to regulate exterior lighting to ensure the safety of motorists and pedestrians and to minimize adverse effects on adjacent land uses due to excessive light intensity or due to light trespass and glare.
B.
Applicability. The provisions of this section shall apply to all development, unless exempted in accordance with Section 18.5.8.C, Exemptions.
1.
General.
a.
The provisions of this section shall apply to all multi-family, nonresidential, and mixed-use development.
b.
Review for compliance with the standards of this section shall occur as part of the review of an application for a site plan, zoning permit, or building permit, as appropriate.
2.
Expansions. In the case of an expansion of an existing building, outdoor use area, or off-street parking lot, the following standards shall apply:
a.
For individual or collective expansions of fifty (50) percent or less, the standards in this section shall apply only to the expanded portion; or
b.
For individual or collective expansions that exceed fifty (50) percent, the standards in this section shall be applied to the entire development.
C.
Exemptions. The following activities are exempt from the requirements of this section:
1.
Special events and holiday displays;
2.
Exterior lighting used exclusively for recreational activities, concerts, plays or other outdoor events that are open to the public, provided that the event or function meets all other applicable Ordinance requirements. Such lighting shall be located at least fifty (50) feet from any adjoining residential district or use and shall not be illuminated except during the activity and brief periods immediately before and after the event.
3.
FAA-required lighting on buildings, towers or other structures;
4.
Security lighting controlled and activated by motion sensor devices for a duration of fifteen (15) minutes or less;
5.
Public street lighting;
6.
Lighting of official government flags;
7.
Temporary lighting necessary for construction or emergencies, used by construction workers or emergency personnel; and
8.
Exterior lighting associated with single-family detached, attached, and duplex dwellings, except that these forms of development shall be subject to Section 18.5.8.D, Prohibited Lighting.
D.
Prohibited Lighting. The following forms of exterior lighting shall be prohibited:
1.
Traffic Control Signal.
a.
Lighting that imitates an official highway or traffic control light or sign;
b.
Lighting in the direct line of sight with any traffic control light or sign;
2.
Flashing or Revolving. Flashing, revolving, or intermittent exterior lighting visible from any lot line or public street, except for permitted freestanding or wall signs in accordance with Section 18.5.10, Signage;
3.
High Intensity Lighting. High intensity light beams, such as searchlights, laser, or strobe lights, except when used by federal, state, or local authorities, or for special events; and
4.
Glare on Streets. Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers, bicyclists, or pedestrians.
E.
Lighting Plan.
1.
Applicability.
a.
An exterior lighting plan shall be required as part of the application review for all areas proposed for illumination that exceed ten thousand (10,000) square feet in area.
b.
Projects with multiple areas proposed to be illuminated (such as separate parking lots) shall submit a site lighting plan if the sum of the multiple areas exceed ten thousand (10,000) square feet.
2.
Elements to Include. Regardless of whether an exterior lighting plan is prepared, site plan, zoning permit, and building permit applications, as appropriate, must indicate the following:
a.
Exterior lighting fixture type;
b.
Exterior lighting pole height; and
c.
Exterior lighting fixture shielding.
3.
Certification. Certification must be provided by the person preparing any plans that the proposed development complies with the exterior lighting standards of this section.
F.
Exterior Lighting Standards. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:
1.
Shielding.
a.
Overhead lighting fixtures shall be designed to prevent light from emitting upwards towards the sky.
b.
Under canopy lighting fixtures should be completely recessed within the canopy.
c.
Wall packs shall be cut-off and wall-mounted floodlights shall be shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct light downward.
d.
Exterior lighting fixtures located on private property and visible from a residential land use shall be configured so that the source of illumination (the bulb) is not visible from the residential land use (see Figure 18.5.8.F: Exterior Lighting).
FIGURE 18.5.8.F: EXTERIOR LIGHTING
2.
Fixture Height.
a.
Lighting fixtures shall be a maximum of forty (40) feet in height within the parking lot and shall be a maximum of fifteen (15) feet in height within non-vehicular pedestrian areas.
b.
All light fixtures located within fifty (50) feet of any single-family detached or duplex dwelling shall not exceed fifteen (15) feet in height.
c.
The UDO Administrator may allow fixtures above this height to provide internal lighting for stadiums, arenas, and similar facilities.
3.
Lamp Type.
a.
Incandescent, florescent, metal halide, light-emitting diode (LED), or color corrected high-pressure sodium are permitted.
b.
Non-color-corrected high pressure sodium lamps are prohibited.
c.
Other lamp types are allowed when the color emitted is similar to the permitted lamp types.
d.
The same lamp type must be used for the same or similar types of lighting on throughout a development.
4.
Mounting. Exterior lighting shall be mounted and configured in such a manner so that the cone of illumination is contained on-site and does not cross any lot line around the perimeter of the site.
5.
Appearance.
a.
Exterior lighting fixtures shall be designed as an integral element that complements the design of the project through compatible style, material, and color.
b.
Exterior lighting fixtures shall be designed in a consistent and coordinated manner for the entire site.
G.
Limit Lighting to Periods of Activity. The use of sensor technologies, timers, or other means to limit lighting to times when it is needed may be required by the UDO Administrator to conserve energy, provide safety, and promote compatibility between different land uses.
H.
Maximum Illumination Levels. Exterior lighting shall be designed and located such that the maximum illumination measured in footcandles at ground level at any lot line shall not exceed the standards in Table 18.5.8.H, Maximum Illumination Levels.
I.
Nonconforming Lighting.
1.
Lighting fixtures that do not comply with these standards that were lawfully established as of October 23, 2017, may remain, and shall be considered nonconforming structures.
2.
Any modifications, replacement, or expansions to the exterior lighting facilities serving a development shall conform to the standards of this Ordinance.
18.5.9. - Design Standards.
A.
Purpose and Intent. These design standards are proposed to promote architectural compatibility and the preservation of architectural character throughout the Town. More specifically, the purposes of this section are to:
1.
Encourage establishment of a strong sense of place with vibrant commercial, office, and mixed-use development in Town;
2.
Encourage a more pedestrian-friendly environment through attention to human-scale design and site features;
3.
Foster greater compatibility between adjacent residential and nonresidential development;
4.
Limit the impacts of automobile-oriented development in commercial, office, and mixed-use areas; and
5.
Enhance the appearance of development along major streets.
B.
Applicability. The requirements of this section apply to the following forms of development:
1.
New Construction.
a.
Newly constructed residential development except single-family detached or duplex dwellings;
b.
Newly constructed nonresidential development; and
c.
Newly constructed mixed-use development.
2.
Expansion, Additions, or Modifications of Existing Development. Any combination of repair, reconstruction, rehabilitation, addition or improvement of an existing commercial, office, institutional, or multi-family structure taking place during a one-year period, the cumulative cost of which equals or exceeds fifty (50) percent of the structure value as listed in the Carteret County tax records before the improvement or repair is started. For each building or structure, the one-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. For purposes of this specific provision 18.5.9.B.2. only, multi-family structures with four or fewer dwelling units are exempted.
C.
Exemptions.
1.
The following forms of development are exempted from these standards:
a.
Uses in the Utilities Use Category of Table 18.4.1.G, Principal Use Table;
b.
Single-family detached dwellings (except manufactured homes);
c.
Townhouses; and
d.
Duplex dwellings.
2.
Development located in the CIR district shall comply with the applicable design standards in Section 18.3.5.B, District-specific Standards, in addition to these standards. In cases where the standards conflict, the CIR district standards shall control.
D.
Building Orientation.
1.
The primary entrance shall be architecturally and functionally designed on the front facade facing the primary public street.
2.
Except for multi-building developments such as shopping centers or campus-style developments, the front facade of the principal structure shall be parallel to the front lot line and street.
3.
Ground mounted mechanical equipment, solid waste storage, recycling storage, and restaurant operations shall be located to the rear or side yard and screened from view of the street.
E.
Building Material Standards.
1.
Allowable Materials.
a.
The following material are allowed on principal structures in the Town:
i.
Nonresidential Development. The predominant exterior building materials for nonresidential and mixed-use development shall be of high quality, and may include:
a)
Brick;
b)
Rock, stone, or tinted and textured concrete masonry units;
c)
Natural, decay-resistant, high quality exterior wood siding, shingles, or clapboards;
d)
Cementitious siding (sheet or plank);
e)
High-quality, architectural metal (stainless steel, copper, brushed nickel, brass, but excluding corrugated metal siding); and
f)
Transparent glass windows and doors.
ii.
Multi-family Development.
a)
Exterior materials on multi-family development shall be durable and residential in character.
b)
The predominate exterior building materials may include:
i)
Wood clapboard siding,
ii)
Wood shingles;
iii)
Brick;
iv)
Stone;
v)
Stucco;
vi)
Cementitious siding (sheet or plank).
c)
Suggested pitched roof materials include asphalt shingles, standing seam metal, slate, or similar materials.
2.
Color.
a.
Primary Colors. Overly bright, neon, or "day-glow" colors shall not be used as primary exterior building colors. Nothing shall limit pastel or traditional coastal community material colors.
b.
Accent Colors. Building trim and accent areas may feature brighter colors, including primary colors, but these colors may not comprise more than fifteen (15) percent of any building facade.
3.
Configuration.
a.
Where two (2) or more materials are proposed on a building façade, the heavier or more massive material (like stone) shall be located below the lighter or less massive material (stucco).
b.
Heavier details may be permitted as details on corners or around doors and windows.
c.
Material changes shall take place at logical locations, such as the intersection of building wings or interior corners.
d.
Material changes shall not take place at outside corners, and material returns shall be included for a distance of at least two (2) feet past an exterior building corner (see Figure 18.5.9.E: Materials Configuration).
FIGURE 18.5.9.E: MATERIALS CONFIGURATION
4.
Standards for Facades Visible from Roadways and Residential Areas. All facades that are visible from a public roadway or abutting a residential zoning district or use shall be constructed of one (1) or a combination of the following materials: concrete aggregate, stucco, brick, stone, glass or wood, faced concrete block.
5.
Prohibited Materials. No portion of building constructed of unadorned (unfaced) concrete masonry units or corrugated and/or sheet metal may be visible from a public roadway.
F.
Massing and Articulation.
1.
Purpose and Intent. These massing and articulation standards are proposed to help ensure greater pedestrian orientation and architectural compatibility. This is achieved by limiting long monotonous or unbroken building walls in favor of building projections, recesses, offsets or other architectural features that provide visual interest. These standards are intended to:
a.
Reduce the apparent mass and bulk of building, as seen from the public realm;
b.
Ensure that all building walls receive some form of architectural treatment;
c.
Ensure an equal level of treatment to all buildings (including buildings on outparcels) in a multi-building development.
d.
Encourage buildings to present a continuity of style on all facades visible from the public realm.
2.
Building Mass.
a.
Buildings or developments with fifteen thousand (15,000) or more gross square feet of floor area shall configure buildings to appear as individual volumes containing fifteen thousand (15,000) or fewer square feet through the use of offsets, building wings, and lateral connections like breezeways (see Figure 18.5.9.F.2: Building Massing).
b.
These standards are not intended to limit the maximum size of a building, rather, they are intended to minimize the mass or bulk size of a building as seen from the public realm.
FIGURE 18.5.9.F.2: BUILDING MASSING
3.
Building Articulation. Buildings subject to these standards shall be configured so that no single facade fronting a public street or public open space shall extend for longer than 35 linear feet without inclusion of one (1) or more of the following features:
a.
The use of projections or recesses in the building façade wall with a depth of between eighteen (18) inches and thirty-six (36) inches from the primary facade plane and a minimum span of eight (8) feet (see Figure 18.5.9.F.3: Articulation); or
b.
The use of columns or other architectural detail to provide visual interest. Where used, columns should be harmonious with the general design of the structure.
FIGURE 18.5.9.F.3: ARTICULATION
G.
Fenestration.
1.
Building subject to these standards shall be configured so that building facades facing public streets shall include a window or functional general access doorway at least every twenty (20) feet along the façade (see Figure 18.5.9.G.2: Fenestration). False or display casements are an allowable alternative, as approved by the UDO Administrator.
2.
At least 25 percent of the first floor of the street facade(s) shall be transparent (including all sides facing a street right-of-way). False or display casements are not permitted in lieu of exterior window treatments for the frontage elevation.
FIGURE 18.5.9.G.2: FENESTRATION
3.
Street level windows shall be visually permeable.
4.
Mirrored or reflective glass is not permitted in any location.
5.
A window shall be measured as follows (see Figure 18.5.9.G.5: Window Measurement):
a.
Maximum sill height (first floor): Forty-two (42) inches;
b.
Minimum area: Sixteen (16) square feet;
c.
Minimum width: Three (3) feet; and
d.
Minimum height: Four (4) feet.
FIGURE 18.5.9.G.5: WINDOW MEASUREMENT
6.
Ventilation grates or emergency exit doors located at the first floor level oriented toward a public street shall be decorative.
H.
Awnings and Canopies.
1.
When used, awnings and canopies shall be placed at the top of window or doorway openings.
2.
No awning shall extend more than the width of the sidewalk or ten (10) feet, whichever is less.
3.
Awnings must be self-supporting from the wall.
4.
No supports shall rest on or interfere with the use of pedestrian walkways or streets.
5.
In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities.
I.
Roofs.
1.
Roof pitches less than 3:12 and flat roofs shall require a parapet wall on all sides visible from the street. Parapet walls shall fully screen all roof-top mechanical equipment from the street.
2.
A pitched roof shall have eaves that extend a minimum of twelve (12) inches from the building face.
3.
Parapet walls shall have decorative cornices or caps.
4.
Roof-mounted mechanical equipment shall be screened from view by a parapet wall matching the primary building materials.
J.
Alternative Compliance. Alternative compliance may be obtained provided the design satisfies the intent of this section. In such cases, the UDO Administrator shall have the authority to approve the following:
1.
Materials of construction not listed, provided the materials used are implemented in a manner that enhances the surrounding area;
2.
Increase the maximum size of a single retail structure as a distinct mass by up to twenty-five (25) percent, provided the structure is designed in a manner that enhances the surrounding area; and
3.
Reduced transparency requirements.
(Ord. No. 20-03-01, 3-23-2020; Ord. No. 20-04-03, 4-27-2020)
18.5.10. - Signage.
A.
Purpose and Intent. The erection of signs is controlled and regulated in order to promote the health, safety, welfare, convenience, and enjoyment of travel on streets and sidewalks. The provisions of this section are more specifically intended to:
1.
Promote traffic safety;
2.
Ensure residents and visitors can locate desired goods, services, and destinations;
3.
Reflect the aesthetics desired by residents; and
4.
Provide only the minimum interference with individual property rights necessary to ensure public health, safety, and welfare.
B.
Applicability.
1.
Except for the sign types exempted from these standards identified in Section 18.5.10.C, Exclusions, signs may only be erected, affixed, placed, painted, or otherwise established in the Town in accordance with the standards in this section.
2.
All signs shall be constructed and designed, according to generally accepted engineering practices, to withstand wind pressures and load distribution as specified in the current building code.
C.
Exclusions. The following shall not be subject to these standards, but may be subject to other standards in this Ordinance, including the requirement to obtain a building permit:
1.
Governmental Signage. Temporary or permanent signs erected and maintained by or required by the Town, Carteret County, the State of North Carolina, or the Federal government, including, but not limited to:
a.
Signs posted by or under the authority of Municipal, County, State, or Federal authorities for crime prevention, public safety, health, zoning, and identification; or
b.
Signs or flags erected by any government advertising Town-sponsored events, Town-related information or used decoratively.
2.
Fence-wrap signs affixed to fences surrounding a construction site in accordance with the North Carolina General Statutes;
3.
Flags and insignia of any governmental agency;
4.
Legal notices required by governmental bodies, public utilities, or civic associations;
5.
Historical markers, memorial signs, plaques, or grave markers;
6.
Integral decorative or architectural features of buildings, except moving parts or moving lights;
7.
Signs that are not visible from off-site areas;
8.
Handicapped parking signs;
9.
Up to one (1) incidental sign on a residential structure or a commercial establishment that does not exceed four (4) square feet in area and configured so that the top of the sign is within five (5) feet of the grade elevation; or
10.
Up to two (2) non-permanent, professionally manufactured sandwich board-style signs of up to six (6) square feet in sign area per side for each business establishment in a nonresidential district.
D.
Prohibited Signs. The following signs, sign construction, and displays are prohibited:
1.
Any sign which the UDO Administrator determines obstructs the view of bicyclists, pedestrians, or motorists using any street, approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal;
2.
Illuminated, highly reflective signs or spot lights that the Police Department determines hampers the vision of motorists, pedestrians, or bicyclists;
3.
Signs, lights, rotating disks, words, and other devices, which resemble traffic signals, traffic signs, or emergency vehicle lights;
4.
Signs, other than government signs, which contain lights, rotating disks, words and other devices not erected by a public authority, which may be erroneously construed as government signs, or emergency warning signs;
5.
Any sign which interferes with free passage from or obstructs any fire escape, downspout, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light, drainage, or air;
6.
Any sign placed on any curb, sidewalk, utility pole, street sign post, hydrant, bridge, tree, or public street paving;
7.
Any sign located in such a way as to intentionally deny an adjoining landowner visual access to an existing sign;
8.
Flashing, fluttering, swinging, rotating signs;
9.
Signage in or affixed to a motor vehicle, boat, or trailer;
10.
Roof signs or signs above the parapet of a building;
11.
Electronic message boards in a residential district;
12.
Any sign or flag the UDO Administrator deems to be significantly worn, torn, dilapidated, damaged, tattered, or otherwise in disrepair - such signs may be removed by the UDO Administrator sixty (60) days after written notice to the owner;
13.
Banners;
14.
Windblown devices such as pennant, streamers, spinners, balloons, gas- or air-filled figures, and other similar devices; and
15.
Off-premises signs, including billboards. Existing off-premises signs may remain in place until they are modified or damaged to a point that exceeds fifty (50) percent of the sign's established value, and must then be removed.
E.
Obsolete or Abandoned Signs. Nonconforming signs or signs serving a vacant building or site that has not been in use for one hundred eighty (180) days or more shall be deemed to be an abandoned sign and shall be removed. The obsolete or abandoned sign may be removed by the UDO Administrator within sixty (60) days of notice to the owner at the owner's expense.
F.
Signs Permitted without a Sign Permit. The following signs may be installed without a sign permit, but are subject to the standards in this section and may be required to obtain building permit approval.
1.
Governmental Signage. Temporary or permanent signs erected and maintained by or required by the Town, Carteret County, the State of North Carolina, or the Federal government, including, but not limited to:
a.
Signs posted by or under the authority of Municipal, County, State, or Federal authorities for crime prevention, public safety, health, zoning, and identification; or
b.
Signs or flags erected by any government advertising Town-sponsored events, Town-related information or used decoratively.
2.
Safety Signage. Safety signs shall be allowed, provided:
a.
The aggregate sign face area for all safety signage on a lot shall not exceed 32 square feet;
b.
No single safety sign shall exceed two (2) square feet of sign face area;
c.
No lot shall include more than sixteen (16) individual safety signs (for the purposes of this section, a two-sided sign shall be counted as a single sign);
d.
The top of a safety sign shall be no more than five (5) feet above the adjacent grade; and
e.
Safety signs shall not be illuminated.
3.
Flags. Flags shall be allowed provided:
a.
A maximum of two (2) flags shall be allowed per business or residence;
b.
No individual flag shall exceed sixty (60) square feet in area;
c.
Flags shall not unreasonably distract a driver of a motor vehicle by interfering with a sight line or sight distance triangle; and
d.
Flag poles shall not exceed thirty (30) feet in height.
4.
Temporary Signage. Each lot shall be allowed up to one (1) temporary sign per street frontage, subject to the following standards:
a.
Temporary signage on residentially-zoned lots shall not exceed six (6) square feet of sign area per sign;
b.
Temporary signage on lots zoned for mixed-use or commercial uses shall not exceed 32 square feet of sign area per sign;
c.
Temporary signs shall not be illuminated; and
d.
Temporary signs may remain in place for up to thirty (30) days per lot. This thirty-day period may be renewed by the UDO Administrator up to twelve (12) times per lot per year.
5.
Political Signs. Political signs (campaign and election signs) are permitted without a permit, provided that:
a.
The party responsible for erecting the sign shall be held responsible for any violations;
b.
No political signs are allowed on Town-owned property (this does not apply to Town right-of-way); and
c.
Sign placement and duration shall be in accordance with G.S. 136-32.
G.
Sign Permit Required. Unless exempted by Section 18.5.10.C, Exclusions, or Section 18.5.10.F, Signs Permitted Without a Sign Permit, all signs shall require a sign permit in accordance with Section 18.2.4.O, Sign Permit, prior to construction, installation, or display. Whether the sign is new, part of new construction, or an existing sign, the following information will be required as part of the permit application:
1.
A detailed description of any new sign for which a permit is required, including, but not limited to: a detailed drawing of the sign showing size, height, and site location relative to property lines and street right-of-way.
2.
Existing signs must meet these requirements if, for any reason, the sign is to be changed or altered. Normal copy changes and routine maintenance matters, without changes in construction, size, height, or lighting are exceptions to this requirement.
3.
Prior to issuance of a sign permit, all fees in accordance with the associated fee schedule shall be paid. Some signs may require building and electrical permits as determined by the Building Inspector.
4.
Upon notification of completion by the permit holder, the UDO Administrator shall inspect the sign to verify conformance with applicable codes and the issued permit. The Building Inspector shall inspect the signs where applicable for electrical and structural compliance.
H.
Measurement. Sign face area and maximum height are determined in accordance with Section 18.5.10, Signage.
I.
Signs Standards in Residential Districts. Lots in residential districts may incorporate the following forms of signage:
1.
Up to one (1) ground-mounted or monument sign per entrance may be utilized, provided it does not exceed twenty (20) square feet in face area, and seven (7) feet in height.
2.
Uses in a residential district may install up to one (1) wall sign with an area of no greater than four (4) square feet on a residential principal structure.
J.
Sign Standards in Mixed Use Districts. Signs on lots in the MUN and MHI districts shall comply with the requirements in Table 18.5.10.J, Sign Standards in Mixed-Use Districts.
| TABLE 18.5.10.J: SIGN STANDARDS IN MIXED-USE DISTRICTS | ||||
|---|---|---|---|---|
| Type of Sign | Maximum Face Area [1] [2] | Maximum Height | Maximum Number of Signs per Lot | Additional Standards [3] |
| Wall Sign on Front Façade [4] | 5% of wall area | Below the roof, soffit, or parapet | None | Wall signs shall not project more than 12 inches outwards from the wall |
 | ||||
| Window Sign | 10% of total window and glass door area | Top of ground floor window or door | None | Window signs shall not be placed on faux windows or structural glass |
 | ||||
| Projecting Sign | 12 sf per side | Below the roof, soffit, or parapet [5] | 1 | No portion of the sign may be located within three (3) feet of the street paving |
 | ||||
| Awning Sign | Sign copy area limited to the drip flap | Awnings on ground floor only | 1 | N/A |
 | ||||
| Monument Sign | 12 sf per side | 3½ feet above grade | 1 | Signs shall be located at least five (f) feet from a lot line and at least ten (10) feet from the street right-of-way |
 | ||||
| NOTES: | ||||
| [1] Regardless of the composition of signage, the maximum available sign area per development shall be forty (40) square feet (not counting signage excluded from these standards). | ||||
| [2] "sf" = square feet. | ||||
| [3] Signs shall also be subject to the standards in Section 18.5.10.L, Additional Sign Specifications. | ||||
| [4] Wall signs are not permitted on side or rear building facades. | ||||
| [5] Projecting signs shall maintain a minimum of eight (8) feet of clearance above the grade or a walkway. | ||||
K.
Sign Standards in Commercial Districts. Signs on lots in the CIR, CPY, and COR districts shall comply with the requirements in Table 18.5.10.K, Sign Standards in Commercial Districts.
| TABLE 18.5.10.K: SIGN STANDARDS IN COMMERCIAL DISTRICTS | ||||
|---|---|---|---|---|
| Type of Sign | Maximum Face Area [1] [2] | Maximum Height | Maximum Number of Signs per Lot | Additional Standards [3] |
| Wall Sign on Front Façade | Greater of: 1 sf per linear foot of wall frontage, or 5% of wall area | Below the roof, soffit, or parapet | No Limit | Wall signs shall not project more than 12 inches outwards from the wall |
| Wall Sign on Side or Rear Façade fronting a street | ½ sf per liner foot of wall frontage | |||
 | ||||
| Window Sign | 25% of total window and glass door area | Top of ground floor window or door | No Limit | Window signs shall not be placed on opaque doors, faux windows, or structural glass |
 | ||||
| Projecting Sign | 12 sf per side | Below the roof, soffit, or parapet [4] | 1 | No portion of the sign may be located within three (3) feet of the street paving |
 | ||||
| Awning Sign | Sign copy area limited to the awning's drip flap | Awnings on ground floor only | 1 | None |
 | ||||
| Freestanding Sign | 50 sf total | 15 feet above grade | 1 | Signs shall be located at least five (5) feet from a lot line and at least ten (10) feet from the street right-of-way |
| Freestanding Sign serving a multi-building use | Up to 6 tenants: 100 sf; 7—14 tenants: 125 sf; 5+ tenants: 150 sf | 20 feet above grade | 1 per street frontage | |
 | ||||
| Portable Sign | 24 inches by 36 inches | 4 feet above grade | 2 | Signs shall be located at least five (5) feet from a lot line and at least ten (10) feet from the street right-of-way |
 | ||||
| Monument Sign serving an outparcel | 50 sf total | 4 feet above grade | 1 per outparcel | Signs shall be at least ten (10) feet from the street right-of-way |
 | ||||
| NOTES: | ||||
| [1] Regardless of the composition of signage, the maximum available sign area per development shall be 200 square feet (not counting signage excluded from these standards). | ||||
| [2] "sf" = square feet. | ||||
| [3] Signs shall also be subject to the standards in Section 18.5.10.L, Additional Sign Specifications. | ||||
| [4] Projecting signs shall maintain a minimum of eight (8) feet of clearance above the grade or a walkway. | ||||
L.
Additional Sign Specifications.
1.
Wall Signs.
a.
No wall sign or its supporting structure shall cover any window or part of a window, nor shall it extend on the roofline, parapet, or mansard roof.
b.
Canopy and awning signs may be substituted for part or all of the allowable wall signage per premises.
c.
Signs may be painted or printed onto a canopy or awning.
d.
In no instance shall a canopy or awning sign extend into a street right-of-way.
e.
No wall sign shall be attached to any cupola, tower, or other architectural feature that is above the roofline.
2.
Freestanding and Monument Signs. Any freestanding or monument sign greater than three and one-half (3½) feet in height as measured from the grade of the road upon which it fronts shall be located outside the required sight distance triangle.
3.
Projecting Signs.
a.
A projecting sign shall not project more than four (4) feet from a building wall.
b.
A projecting sign shall not extend vertically above the roofline or parapet of a building.
c.
Projecting signs may be substituted for wall signs in a shopping center, provided:
i.
A projecting sign shall not project into any required setback or yard.
ii.
There shall be more than one (1) projecting sign per business entrance.
4.
Electric Signs.
a.
No electric sign shall be so located with relation to pedestrian traffic as to permit it to be easily reached by any person.
b.
The bottom of such sign shall be located a minimum of ten (10) feet above the grade if the sign is within fifteen (15) feet of the edge of the street right-of-way.
c.
All illuminated signs shall be installed in accordance with the applicable provisions of the North Carolina State Electrical Code.
M.
Sign Illumination. Unless otherwise indicated in this Ordinance, all signs may be illuminated, in accordance with the following:
1.
General Standards.
a.
All illuminated signs shall have their lighting directed in such a manner as to illuminate only the face of the sign and does not shine directly into or cause glare onto a public right-of-way or residential uses.
b.
All electric signs shall be in accordance with Article 9, Part III, Outdoor Lighting, the Building and National Electric Code, and shall obtain all required building permits.
c.
All wiring to freestanding or monument signs or to lighting equipment erected after the effective date of this section must be underground.
2.
Signs near Residential Uses. No sign serving or within one hundred fifty (150) feet of a residential use shall be illuminated between the hours of midnight and 6:00 a.m., unless there is no spillover of lighting or glare to the residential area beyond the boundaries of the lot where the lighting is located.
3.
Flashing or Intermittent Lights. No sign shall contain or be illuminated by flashing or intermittent light or lights of changing degrees of intensity.
N.
Inspections and Investigations.
1.
Removal of Illegal Signs in Right-of-Way and Public Properties. The UDO Administrator may remove and destroy or otherwise dispose of any sign placed on public property or within any public right-of-way. This shall only apply to signs in violation of this Ordinance. Penalties may be levied for each such sign as prescribed Article 18-9: Enforcement.
2.
Citations.
a.
If, through inspection, it is determined that a person has failed to comply with the provisions of these regulations, the UDO Administrator shall issue a warning citation to the violator.
b.
Violations shall be corrected within two (2) weeks of the issuance of a citation.
c.
If the violation is not corrected within the specified time period, the violator shall be subject to the provisions of Article 18-9: Enforcement.
(Ord. No. 18-08-01, 8-27-2018; Ord. No. 20-01-01, 1-27-2020)