Banner Elk City Zoning Code
SPECIAL USE
STANDARDS
§ 152.205 GENERAL.
The following standards are applied to specific conditional uses. Before granting a conditional use, the Board of Adjustment shall find that all standards for specific uses listed in this section, as well as all standards listed in § 152.269 of this chapter, have been met.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 900)
§ 152.206 AUTOMOBILE WRECKING, JUNK AND SALVAGE YARDS.
Automobile wrecking, junk and salvage yards; provided that:
(A) All motor vehicles stored or kept in such yards shall be so kept that they will not catch and hold water in which mosquitoes may breed and so that they will not constitute a place or places in which rats, mice, or other vermin may be harbored, reared or propagated;
(B) Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than 200 feet from any established residential zone;
(C) All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence, screen or wall, excepting driveway areas, from eight to 12 feet in height. Such fence, screen or wall for screening purposes shall be properly painted or otherwise maintained in good condition;
(D) All such yards shall be so maintained as to be in a sanitary condition and so as not to be a menace to the public health or safety; and
(E) The number of vehicular access driveways permitted on any single street frontage shall be limited to:
(1) One driveway where the parcel to be used has a maximum road or street frontage of 100 feet or less; and
(2) Two driveways where the road or street frontage exceeds 100 feet. Driveways used for ingress and egress shall be limited to 25 feet in width.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 901)
§ 152.207 COMMERCIAL CAMPGROUNDS.
Commercial campgrounds; provided that:
(A)
The primary purpose of the facility is for tent and pop-up campers. Self-contained recreational vehicles are not permitted.
(B) A commercial campground shall contain at least five acres. Campsite design should be limited to 30% of the site for use and 70% devoted to open space. Minimum camp space size is 3,000sf allowing enough space for a fire pit or ring if burning is permitted in the campground. No trash burning is allowed only approved paper and firewood in the fire pit or ring. Fires shall be extinguished before leaving or retiring.
(C) Accessory uses permitted may include structures for offices, laundry, restroom, and recreation facilities for exclusive use of campsite patrons.
(D) The campground must provide buffering and screening to reduce noise and light affecting adjoining residentially zoned property with consideration given for existing vegetation and added landscaping, (see § 152.134), to create an immediate opaque buffer.
(E) Drainage, sedimentation, and erosion control plans must be approved and implemented by standards of the North Carolina Department of Natural Resources and Community Development.
(F) All water distribution and sewage disposal system plans must receive approval from the appropriate state and county officials prior to issuance of a certificate of compliance.
(G) No camp sites, structures, or other facilities may be located closer than 35 feet from any property line in a residential zone and in no case within 200 feet of an existing residence not associated with campground operations.
(H) Noise levels shall respect quiet hours between 10:00 p.m. and 7:00 a.m. Use of generators are prohibited.
(I) Each campsite shall be left clean and in neat condition by the campsite user.
(J) All sites shall be located on sites with elevations that are not susceptible to flooding per the FEMA Flood Maps.
(K) Tables may be provided at each campsite.
(L) Each campsite shall be identified by a permanent numbering system and be visibly displayed at each campsite.
(M) Each campsite shall be limited to a single family or six people per site. Stays are limited to a 14-day non-renewable consecutive day stay. A 30-day wait period before reapplying is required.
(N) Garbage and trash collection shall be provided in such a manner and at such locations so as to provide convenient access for patrons and provide adequate ingress/egress in commercial campgrounds. Bear proofing measures are required. See § 152.136 Solid Waste Disposal measures in the Banner Elk Zoning Ordinance.
(O) Off-street parking shall be provided with a minimum of one space per campsite. Additional parking shall be provided as needed.
(P) Food storage. All food, coolers, equipment used to cook or store food, and anything that may smell like food (such as toothpaste) must be stored in a closed locked vehicle or a camping unit made of solid, non-pliable material. Food may also be stored in food lockers provided in some campgrounds.
(Q) No foraging for burning materials shall be allowed within the campground. Wood may be provided by the camp office or under the supervision of the camp director. No burning shall be allowed during extremely dry or windy conditions. A dry hydrant shall be provided at each site that allows a campfire site. Camp fire sites must be preapproved by the Avery County Fire Marshall for protection of the grounds and surrounding properties.
(R) Dogs, cats, and other pets. A policy by the owner regarding all dogs, cats, and other pets to include physical restraint measures, clean up, and care will be provided for all patrons. Vaccinations records must be available for all pets.
(S) Animal and plant life. Wildlife must not be disturbed in any way. A policy by the owner guiding all patrons to the protection measures needed to protect the area must be posted in areas where all patrons are sure to see.
(T) Security to be provided by the property owner. A mature adult must be present 24/7 in case of an emergency.
(Ord. passed 3-14-2005; Ord. passed 10-16-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 902)
§ 152.208 MANUFACTURING AND PROCESSING OPERATIONS.
Manufacturing and processing operations; provided, however, that, no permit shall be issued except in conformance with § 152.269(B) of this chapter; and, further provided that, these uses are subject to such conditions as the Board of Adjustment shall require in order to prevent smoke, odor, noise, dust or other effects that would be detrimental to the health, safety and general welfare of the community. Where, in the opinion of the Board of Adjustment, engineering data or other studies are needed to determine the possible adverse effects of a proposed industry on the health, safety and welfare of the community, the Board may require the applicant to submit such data or other studies prepared by competent engineers or other technical people.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 903)
§ 152.209 MANUFACTURED HOME PARKS.
Manufactured home parks; provided that:
(A) The minimum area for any manufactured home park shall be two acres;
(B) The maximum density shall be eight manufactured homes sites per acre;
(C) Not less than five manufactured home sites shall be available at first occupancy;
(D) The minimum lot size for individual manufactured home sites shall be 40 by 80 feet. No manufactured home shall be placed closer than 20 feet to any other manufactured home or other structures, except customary accessory buildings for the exclusive use of the manufactured home;
(E) All manufactured home sites shall abut upon a driveway of not less than 20 feet in width. All driveways shall have unobstructed access to a public street or highway and shall be hard surfaced or of properly compacted gravel, well-marked and lighted by the manufactured home park owner; and
(F) A densely planted buffer strip consisting of evergreen trees or shrubs shall be located along all sides of the manufactured home park, but shall not extend beyond the established setback line along any street. Such buffer strip shall be not less than ten feet in width and shall be composed of trees or shrubs of a type which at maturity shall be not less than 12 feet in height. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 904)
§ 152.210 PLANNED COMMERCIAL DEVELOPMENT.
(A) Intent. The Planned Commercial Development is established to encourage a more creative approach in land and building site planning for commercial uses, to encourage a more efficient and aesthetic retail environment and to achieve a greater flexibility for commercial development in the town’s planning area.
(B) Location. Planned commercial developments are permitted in the C-1, C-1P and C-2 Districts as a conditional use.
(C) Ownership. Land in a planned commercial development shall be under single ownership or management at the time of construction, or proper assurance shall be provided in order that the project can be successfully completed.
(D) Uses permitted. Within a planned commercial development, a building or land shall be used only for the uses permitted within the zoning district in which the development is located. Permitted land uses within a planned commercial development shall include those provided for in § 152.028 of this chapter that relate to the C-2 Zoning District and allow for multi-family development were the residential use is no more than 40% of the total square footage of the building(s) in the proposed development.
(E) Dimensional requirements. The Planning Board and the Board of Adjustment shall evaluate the site development plan in order to determine that the proposed site design and density of the project is acceptable regarding the health, safety and general welfare for the commercial development, the patrons and adjacent properties. All buildings and structures shall conform to the minimum setback standards for the zoning district in which they are located along the exterior boundaries of the site. The total building coverage area of all principal and accessory structures shall not exceed 40% of the gross square footage of the proposed site.
(G) Paving materials. All drives, parking and loading areas shall be paved with hard, all-weather surface material.
(H) Buffering. If the Board of Adjustment deems necessary, all or part of the boundaries of the development which abut residentially zoned property shall be provided with a 15-foot wide buffer strip, upon which evergreen trees or shrubs shall be planted and maintained; said plantings at maturity shall be at least ten feet in height.
(I) Responsibility of the applicant. When an applicant proposes to construct a planned commercial development, he or she shall proceed with the following schedule:
(1) Apply in writing to the Board of Adjustment requesting a conditional use for a planned commercial development. Attached to the application shall be the following information to be reviewed by the Planning Board:
(a) A site plan map showing the location of all proposed buildings and accessory uses, parking facilities, open space, utility easements and drainage, proposed buffer strips and topographic relief (contour interval of five feet) map to be at an appropriate scale;
(b) Gross acreage and/or square footage of the proposed development, the number and types of structures and accessory buildings, and the percentage of acreage and/or square footage of all covered space in the proposed development; and
(c) Streets and utilities: All developments containing streets and utilities designated or planned for acceptance by the town (whether for immediate or for future acceptance) shall first be reviewed by the Planning Board before the planned commercial development is approved by the Board of Adjustment. All streets and utility lines proposed shall be designed and constructed in accordance with, but not limited to, standards as shown in the subdivision regulations of the town. All developments with streets and utilities designated or planned for acceptance by appropriate public agencies outside the town limits (streets to be accepted by the state’s Department of Transportation, utilities to be accepted by the town or other appropriate agency) shall also generally conform to, but not be limited to, the subdivision regulations of the town, as the subdivision regulations relate to standards for the one-mile extraterritorial area.
(2) Appear in person (or send a duly appointed representative affiliated with the proposed development) at the Planning Board and Board of Adjustment meetings at which the proposed application is to be discussed, in order to answer all pertinent questions which the Planning Board and the Board of Adjustment may feel necessary to have answered, in order to review said application.
(J) Timing. If no development has occurred pursuant to the issuance of a conditional use:
(1) One year after the date of the conditional use for the planned commercial development; or
(2) Upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the conditional use shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(K) Staged development (phasing). After general construction commences, the Zoning Administrator shall review, at least once every six months, all permits issued and compare them to the overall development phasing program. If he or she determines that the rate of construction substantially differs from the approved phasing program, he or she shall so notify the developer and the Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this section may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved phasing program.
(Ord. passed 3-16-1992; Ord. passed 3-14-2005; Ord. passed 4-9-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 905)
§ 152.211 PLANNED RESIDENTIAL-CRAFT DEVELOPMENT.
(A) Intent. The purpose of the planned residential-craft development is to allow craftsmen an opportunity through a creative approach in land and building site planning to work and live in the same general area.
(B) Uses permitted. Within a planned residential-craft development, a building or premises shall be used only for the following purposes:
(1) Single-family dwelling units, excluding mobile homes;
(2) Multi-family dwelling units; (exception: multi-family is not a permitted use within the R-1 District);
(3) Craft shops;
(4) The residential units and the craft workshops shall be located in separate structures; if, however the Board of Adjustment determines that a particular type of craft shop and residential unit would not be incompatible, then the Board of Adjustment may allow the two uses to locate in the same structure;
(5) Customary accessory buildings, including garages, workshops and greenhouses, which are an integral part of the planned development; and
(6) Private, non-commercial recreational facilities and buildings which are accessory to the primary residential function of the development, and which are an integral part of the planned development.
(C) Dimensional requirements. The Planning Board and the Board of Adjustment shall evaluate the site development plan in order to determine that the proposed site design and density of the project is acceptable regarding health, safety and general welfare for residential living. All buildings and structures shall conform to the minimum setback requirements for the district in which the development is located along the exterior boundaries of the site.
(D) Density and building coverage. The development shall not exceed a maximum density of three dwelling units per acre in the R-1 District, and six dwelling units per acre in the R-2 and C-2 Districts, rounded to the lowest whole dwelling unit. The total project density shall be determined on the basis of the gross square footage of the proposed site, less any part of the proposed site in any street or highway right-of-way. The Board of Adjustment may require a lower density within a development in order to protect the physical environment, and ensure adequate access and services to the project and adjacent properties. The total building coverage space (including covered parking or storage areas) shall not exceed 40% of the gross square footage of the proposed site. If the Board of Adjustment deems necessary, all or part of the boundaries of the development shall be provided with a 15-foot wide buffer strip, upon which evergreen trees or shrubs shall be planted which at maturity shall be at least ten feet in height.
(E) Responsibility of the applicant. When an applicant proposes to construct two or more principal buildings (residential and crafts related), he or she shall proceed with the following schedule:
(1) Apply in writing to the Board of Adjustment requesting for a planned residential-crafts development. Attached to the application shall be the following information to be reviewed by the Planning Board:
(a) A site plan map showing the location of all proposed buildings and accessory uses, parking facilities, open space, utility easements and drainage, proposed buffer strips and topographic relief (contour interval of five feet) map to be at an appropriate scale;
(b) Gross acreage and/or square footage of the proposed development, the number and types of dwelling units and accessory buildings, and the percentage of acreage and/or square footage of all covered space (including covered parking or storage area) in the proposed development; and
(c) Street and utilities: all developments containing streets and utilities designated or planned for acceptance by the town (whether for immediate or for future acceptance) shall first be reviewed by the Architectural Review Committee before the planned residential-crafts development is approved by the Board of Adjustment. All streets and utility lines proposed shall be designed and constructed in accordance with, but not limited to, standards as shown in the subdivision regulations of the town. All developments with streets and utilities designated or planned for acceptance by appropriate public agencies outside the town limits (streets to be accepted by the state’s Department of Transportation, utilities to be accepted by the town or other appropriate agency) shall also generally conform to, but not be limited to, the subdivision regulations of the town, as the subdivision regulations relate to standards for the extraterritorial area.
(2) Appear in person (or send a duly appointed representative affiliated with the proposed development) at the Architectural Review Committee and Board of Adjustment meetings at which the proposed application is to be discussed, in order to answer all pertinent questions which the Architectural Review Committee and the Board of Adjustment may feel necessary to have answered, in order to review said application.
(F) Timing. If no development has occurred pursuant to the issuance of a conditional use:
(1) One year after the date of the conditional use permit for the planned residential-craft development; or
(2) Upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the conditional use shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(G) Staged development (phasing). After general construction commences, the Zoning Administrator shall review, at least once every six months, all permits issued and compare them to the overall development phasing program. If he or she determines that the rate of construction of residential units or non-residential structures substantially differs from the approved phasing program, he or she shall so notify the developer and the Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this section, may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved phasing program.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 900)
§ 152.212 PLANNED RESIDENTIAL DEVELOPMENT.
(A) Intent. The Planned Residential Development is established to encourage a more creative approach in land and building site planning for residential uses, to encourage an efficient, aesthetic and desirable use of open space, and to achieve flexibility and incentives for residential development which will produce a wider range of choice in satisfying the changing need for residential development in the town area.
(B) Uses permitted. Within a planned residential development, a building or premises shall be used for the following purposes only:
(1) Single-family dwelling unit, excluding manufactured homes;
(2) Multi-family dwelling units;
(3) Customary accessory buildings, including private garages, non-commercial workshops, greenhouses, clubs, inns and lodges which are accessory to the primary residential function of the development, and which are an integral part of the planned development;
(4) Private, non-commercial recreational facilities and buildings which are accessory to the primary residential function of the development, and which are an integral part of the planned development; and
(5) Mixed uses may be included with limited commercial activities, which complement the residential development. Integration of commercial uses may be considered upon a recommendation of the Planning Board and at the determination of the Board of Adjustment as a conditional use. No commercial uses are permitted by right. Only neighborhood type service and light retail uses can be considered with a limit of 40% of the total building(s) square footage being commercial.
(C) Dimensional requirements. The Architectural Review Committee and the Board of Adjustment shall evaluate the site development plan in order to determine that the proposed site design and density of the project is acceptable regarding health, safety and general welfare for residential living. All buildings and structures shall conform to the minimum setback requirements for the district in which the development is located along the exterior boundaries of the site.
(D) Density and building coverage. The development shall not exceed the density of the district in which the development is located, rounded to the lowest whole dwelling unit. The total project density shall be determined on the basis of the gross square footage of the proposed site, less any part of the proposed site in any street or highway right-of-way. The Board of Adjustment may require a lower density within a development in order to protect the physical environment, and ensure adequate access and services to the project and adjacent properties. The total building coverage space (including parking or storage areas and all impervious surfaces) shall not exceed 40% of the gross square footage of the proposed site. If the Board of Adjustment deems necessary, all or part of the boundaries of the development shall be provided with a 15-foot wide buffer strip, upon which evergreen trees or shrubs shall be planted which at maturity shall be at least ten feet in height.
(E) Responsibility of the applicant. When the applicant proposes to construct two or more principal buildings (residential), he or she shall proceed with the following schedule:
(1) Apply in writing to the Board of Adjustment requesting a conditional use for a Planned Residential Development. Attached to the application shall be the following information to be reviewed by the Planning Board:
(a) A site plan map showing the location of all proposed buildings and accessory uses, parking facilities, open space, utility easements and drainage, proposed buffer strips and topographic relief (contour interval of five feet) map to be at an appropriate scale; and
(b) Gross acreage and/or square footage of the proposed development, the number and types of dwelling units and accessory buildings, and the percentage of acreage and/or square footage of all covered space (including covered parking or storage areas and all impervious surfaces) in the proposed development.
(2) Appear in person (or send a duly appointed representative affiliated with the proposed development) at the Architectural Review Committee and the Board of Adjustment meetings at which the proposed application is to be discussed, in order to answer all pertinent questions which the Architectural Review Committee and the Board of Adjustment may feel necessary to have answered, in order to review said application.
(F) Streets and utilities. All developments containing streets and utilities designated or planned for acceptance by the town (whether for immediate or for future acceptance) shall first be reviewed by the Architectural Review Committee before the planned residential development is approved by the Board of Adjustment. All streets and utility lines proposed shall be designated and constructed in accordance with, but not limited to, standards as shown in the subdivision regulations of the town. All developments with streets and utilities design or planned for acceptance by appropriate public agencies outside the town limits (streets to be accepted by the state’s Department of Transportation, utilities to be accepted by the town or other appropriate agency) shall also generally conform to, but not be limited to, the subdivision regulations of the town, as the subdivision regulations relate to standards for the extraterritorial area.
(G) Timing. If no development has occurred pursuant to the issuance of a conditional use:
(1) One year after the date of the conditional use for the planned residential development; or
(2) Upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the conditional use shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(H) Phased development. After general construction commences, the Zoning Administrator shall review, at least once every six months, all permits issued and compare them to the overall development phasing program. If he or she determines that the rate of construction differs from the approved phasing program, he or she shall so notify the developer and the Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this division (H) may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved phasing program.
(Ord. passed 3-14-2005; Ord. passed 5-9-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 907)
§ 152.213 PUBLIC UTILITY BUILDINGS AND FACILITIES.
Public utility buildings and facilities, if such use is essential for the service of the immediate area; provided that:
(A) All buildings shall be located at least 35 feet from any lot line;
(B) Fences and/or other appropriate safety devices are installed to protect the public safety and welfare;
(C) No vehicles or equipment are stored, maintained or repaired on the premises;
(D) All structures are in keeping with the residential character of the neighborhood; and
(E) Adequate landscaping, screening and/or buffering shall be provided to ensure compatibility with the neighborhood.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 908)
§ 152.214 RADIO AND TELEVISION TRANSMITTING STATIONS AND STUDIOS.
Radio and television transmitting stations and studios; provided that:
(A) Such facilities shall be housed in structures which are in keeping with the character of the residential neighborhood;
(B) No structure shall be located within 35 feet of any lot line; and
(C) Adequate landscaping, screening and/or buffering shall be provided to ensure compatibility with the neighborhood.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 909)
§ 152.215 RESIDENTIAL DWELLINGS AS AN ACCESSORY USE.
Residential dwellings as an accessory use, including single and multi-family dwellings, but excluding mobile homes; provided that, the following conditions be met.
(A) The residential unit or units shall constitute less than 50% of the heated floor space of the structure in which it is located.
(B) The number of dwelling units permitted on a lot shall conform to the minimum lot size standards of the R-2 General Residential District.
(C) One off-street parking space per dwelling unit shall be provided in addition to any other parking spaces required for the primary use of the property.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 910)
§ 152.216 BED AND BREAKFAST HOMES AND BED AND BREAKFAST INNS.
Bed and breakfast homes and bed and breakfast inns may be issued as a conditional use in districts specified in this chapter; provided, the following standards and conditions of this section and § 152.269 of this chapter are met, and the proposed facility is compatible with the residential character of the area in a residentially zoned district and does not negatively affect the health, safety and general welfare of adjacent properties.
(A) The owner or manager shall permanently reside in the business complex or premises.
(B) Prior to approval of a building or buildings for either bed and breakfast facility, the Board of Adjustment shall receive a written notice from the county’s Health Department that the facility is approved for a bed and breakfast home or inn.
(C) Prior to approval of a building or buildings for either bed and breakfast facility, the Board of Adjustment shall receive a written notice from the town’s Fire Chief that the site and structures have been reviewed, that adequate water is available and that access to the structure or structures is sufficient for providing fire protection to the facility and adjacent properties.
(D) Plans for structural modifications, access, parking and landscaping shall be reviewed in order to determine the compatibility of the facility with adjacent development.
(E) The Board of Adjustment may require new or additional landscaping and screening for the facility and the parking if it is determined that the existing visual screening is inadequate.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 912)
§ 152.217 RESORT COMMERCIAL DEVELOPMENTS.
(A) As permitted in the RC District, developments shall include lodging and/or residential development as the principal use of the project. All other recreational and commercial uses shall be accessory uses and shall be developed in accordance with an overall development plan. If developed in phases, the principal use or uses shall be included in the first phase. Performance guarantees may be required to ensure that the facilities are constructed in accordance with the approved plan.
(B) Residential development shall conform to the minimum standards of the R-2 District for single- and multi-family development.
(C) Lodging facilities may include bed and breakfasts, and hotels or motels; provided, the development meets the requirements of § 152.216 of this chapter.
(D) Accessory recreational and commercial uses permitted in conjunction with the primary facility are to be designed to primarily serve the patrons and residents of the development.
(E) In addition to the requirements specifically defined or referenced herein, the developments shall conform to the following.
(3) Water and sewer. The Board of Adjustment may require that a development approved by conditional use in the RC District connect to the town’s water and/or sewer system.
(4) Screening and design requirements. The Board of Adjustment may require visual screening and buffers to mitigate or reduce the visual, noise or traffic impact on adjacent properties.
(5) Design review. The Board of Adjustment may require site development and architectural and facade designs that will be compatible with the natural features of the site and adjacent development.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 913)
§ 152.218 MANUFACTURED/MOBILE/MODULAR BUILDINGS AS ADMINISTRATIVE OFFICE/CLASSROOM SPACE.
(A) Mobile buildings as administrative office or classroom space may be allowed as a conditional use in the Medical Educational District; provided that:
(1) All mobile buildings used for administrative office or classroom space shall be located in the rear of the principal building and/or screened from public view;
(4) The wheels, axles, hitch or other appurtenances of mobility shall be removed and the mobile building shall be placed on a permanent masonry foundation;
(5) The number of units shall be considered on a case by case basis; and
(6) The maximum amount of time that any mobile building used for administrative office and/or classroom space may remain on a property shall be one two-year term. At the end of the two-year term, the Board of Adjustment may extend the life of the conditional use permit one additional year. To be eligible for the extension, the applicant must apply prior to the expiration of the current permit.
(B) Modular buildings that are being used for administrative offices and/or classroom space and have been placed upon a permanent masonry foundation can remain on the site as long as needed. The modular building must be appropriately landscaped and meet the remaining guidelines of this chapter.
(C) Rented modular buildings must be placed on a permanent masonry foundation and once the unit is removed, the foundation materials must also be removed.
(D) In the event the use of the building ceases to be administrative office or classroom space, said building shall be removed from the property.
(E) In the event the property ceases to be zoned Medical-Educational, all mobile buildings shall be removed.
(Ord. passed 3-14-2005; Ord. passed 12-21-2010; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 914)
§ 152.219 MATERIAL RECOVERY SITES.
Material recovery sites may be permitted as a conditional use in the G-O and C-2 Districts; provided that:
(A) All material recovery sites shall be so kept as to not catch and hold water in which mosquitoes may breed, and kept so that they will not constitute a place or places in which rats, mice or other vermin may be harbored, reared or propagated;
(B) All material recovery sites shall be conducted entirely within an enclosed opaque fence, screen or wall, excepting driveway areas, from eight to 12 feet in height. Such fence, screen or wall for screening purposes shall be maintained in good condition at all times;
(C) All material recovery sites shall be maintained in a sanitary condition and not allowed to become a menace to the public health or safety;
(D) All material recovery sties shall be so operated as to not emit odor, noise and dust detrimental to the health, safety and general welfare;
(E) The appearance of all material recovery site buildings shall be in harmony with the standards of the architectural review guidelines;
(F) Landscaping for all material recovery sites shall be in harmony with the standards of the architectural review guidelines;
(G) All material recovery sites shall have traffic circulation patterns so as to ensure safe traffic flow with respect to ingress/egress and loading/unloading;
(H) Driveways used for ingress and egress shall be limited to 30 feet in width;
(I) The water distribution and sewage disposal system plans for the materials recovery site must receive approval from the appropriate town, county and state officials;
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 915)
§ 152.220 TOURIST COURTS.
Tourist courts may be issued as a conditional use in districts specified in this chapter; provided, the following standards and conditions of this section and § 152.269 of this chapter are met, and the proposed facility is compatible with the residential character of the area in a residentially zoned district and does not negatively affect the health, safety and general welfare of adjacent properties:
(A) The owner or manager shall permanently reside next to or on the premises;
(C) Submission of a landscape plan;
(D) Prior to approval of a building or buildings, the Board of Adjustment shall receive written notice from the county’s Health Department that the facility is suitable for use as a tourist court;
(E) Prior to approval of a building or buildings for a tourist court, the Board of Adjustment shall receive a written notice from the town’s Fire Chief that the site and structures have been reviewed, that adequate water is available, and that access to the structure or structures is sufficient for providing fire protection to the facilities and adjacent properties;
(F) The maximum coverage of the lot shall be not more than 50% of the total land area;
(G) Two parking spaces per lodging unit shall be required; and
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 916)
§ 152.221 SEXUALLY-ORIENTED BUSINESSES.
Sexually-oriented businesses may be issued a conditional use permit in the C-1P District; provided that, the following standards and conditions of this section and § 152.269 of this chapter are met, and the proposed facility is compatible with the commercial character of the area and does not negatively affect the health, safety and general welfare of adjacent properties:
(A) A vegetative buffer of evergreen trees is installed that at maturity reach no less than ten feet in height and ten feet in width;
(C) A landscape plan is submitted to the town;
(D) Plans for any structural modifications, ingress and egress and parking are submitted;
(E) Written notification from the town’s Fire Chief that the site and structures have been reviewed, that adequate water is available; and
(F) All drives, parking and loading areas shall be paved with hard, all weather surface material.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 917)
§ 152.222 BED AND BREAKFAST VILLAGE.
Bed and breakfast village may be issued as a conditional use in districts specified in this chapter; provided, the following standards and conditions of this section and § 152.269 of this chapter are met, and the proposed facility is compatible with the residential character of the area in a residentially zoned district and does not negatively affect the health, safety and general welfare of adjacent properties:
(A) The owner or manager shall permanently reside next to or on the premises;
(C) Submission of a landscape plan;
(D) Prior to approval of a building or buildings, the Board of Adjustment shall receive written notice from the county’s Health Department that the facility is suitable for use as a bed and breakfast village;
(E) Prior to approval of a building or buildings for a bed and breakfast village, the Board of Adjustment shall receive a written notice from the town’s Fire Chief that the site and structures have been reviewed, that adequate water is available and that access to the structure or structures is sufficient for providing fire protection to the facilities and adjacent properties;
(F) The maximum coverage of the lot shall be not more than 40% of the total land area;
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 918)
§ 152.223 MINIATURE GOLF COURSES.
Miniature golf courses can be seasonal in nature and may be permitted in the C-2 General Business District as a conditional use; provided that, the following standards and conditions of this section have been met and that the proposed course meets all the requirements imposed on it by this chapter.
(A) The course shall be screened from any major thoroughfare so as not to be a distraction to traffic or endanger the traffic with loose balls. It should be recommended that a landscaped parking lot separate the course from a major thoroughfare, but if this is not possible, then buffering can be used to achieve this.
(B) Lighting will be pointed downward and away from the road and shall not remain on after 11:00 p.m. Operation of the course will cease after 10:30 p.m.
(D) No amusement equipment, machinery or mechanical device of any kind with moving parts, or stationary may be operated within the property.
(F) A “temporary use structure” may be allowed as per § 152.010 of this chapter if a permanent structure is planned for this use. Should the operator decide to remain in business, such structure shall be removed within one year. Upon the discretion of the Zoning Officer, the temporary structure may be granted up to one six-month extension.
(G) As this is a use typically located within a floodplain area, any structures, surface or otherwise, must have an engineer’s certification of compliance with safety as it relates to surrounding properties. In addition, compliance with § 152.033 of this chapter shall be a part of the plan.
(H) A bond may be required at the discretion of the town. Should the owner/operator use concrete as a method of designing the course and the course be abandoned for a period longer than one year; the bond will be used to remove any concrete and clean up any debris left from the vacated property.
(I) The course shall not incorporate any large theme park type structures (i.e., dinosaurs, pirate ships, windmills and the like), but should resemble a smaller version of regulation golf courses.
(J) Trash receptacle(s) shall be located strategically throughout the park as to provide adequate refuse collection.
(K) Landscaping shall be an integral part of the site plan to help the walkways and greens blend in with the surrounding property and to serve as a natural buffer, establishing a more garden type setting.
(L) Any outdoor storage shall be screened from public view.
(Ord. passed 3-14-2005; Ord. passed 4-14-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 920)
§ 152.224 CONDITIONAL USE DISTRICT (CUD).
(A) Intent. The conditional use district approval process is established to address those situations when a particular use may be acceptable, but the general zoning district which would allow the use would not be acceptable. It allows the Planning Board and the Town Council the ability to approve a proposal for a specific use with reasonable conditions while assuring compatibility of the use with surrounding properties. This is a voluntary procedure that must be initiated by the property owner. Approval of a petition for conditional use district zoning shall result in the zoning classification being changed to the requested conditional use district designation and the issuance of a conditional use permit simultaneously.
(B) Responsibility of applicant. No conditional use district shall be established until after the person proposing the district has submitted a petition for the rezoning of property and a conditional use permit application. Every petition for rezoning of property to a conditional use district shall be accompanied by a site plan containing any pertinent information that pertains to the site and the proposed use. In the course of evaluating the proposed use, the Planning Board and the Town Council may request additional information deemed appropriate to provide a complete analysis of the proposal and consideration of the conditional use permit. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a conditional use district and should accompany the conditional use permit.
(C) Town procedures for approval. The Town Council may approve the rezoning of property to a conditional use district only upon determining that the proposed use will meet all the standards and requirements that are applicable to the proposed use. The Planning Board and the Town Council may attach reasonable and appropriate conditions to approval of the petition. When deciding the conditional use permit, the Town Council shall use quasi-judicial procedures. Any such conditions should relate to the relationship of the proposed use to surrounding properties, proposed support facilities such as parking areas and driveways, pedestrian and vehicular systems, screening and buffer areas, the timing of any development, road and right-of-way improvements, solid waste management, water and sewer improvements, storm water drainage, the provision of open space and any other matters that the Planning Board and the Town Council may find appropriate or that the petitioner may propose.
(D) Zoning ordinance and map. If a petition is approved under this section, the district that is established, the approved petition, the approved conditional use permit, and all conditions which may have been attached to the approval are binding on the property as an amendment to this chapter and the Zoning Map. Only those uses and structures indicated in the approved petition, site plan and the conditional use permit shall be allowed on the subject property.
(E) Alterations to established CUD. Any minor changes in the detail of the site plan which will not alter the basic relationship of the proposed use to surrounding properties or the standards and requirements of these regulations or to any conditions attached to the approval may be approved by the Zoning Administrator without going through the amendment process. The Zoning Administrator, at his or her discretion, may forward any changes in detail to the Planning Board and/or the Town Council for review. If the applicant does not comply with the conditional use permit, the property shall revert back to the original zoning and the use will be subject to § 152.999 of this chapter. The applicant may appeal the decision of the Zoning Administrator to the Town Council for review and decision as per § 152.270 of this chapter. The Zoning Administrator shall periodically inspect the conditional use permit to ensure that all is in compliance.
(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 921)
§ 152.225 INCUBATORS.
(A) Intent. The town recognizes the importance of stimulating economic activity for the citizens of the town and county. The very nature of incubators is one of shared support to facilitate starting a new business. It is also recognized that there is a wide array of uses that can be incorporated into an incubator setting, some permitted and some conditional and that these uses will rotate out according to their contact with the incubator organization. It is because of these conditional uses that we establish this section as a way of incorporating those into the conditional use permits process with minimal impact to the neighboring businesses and the community at large.
(B) Uses, permitted. All permitted uses in the Medical Educational Zoning District are allowed:
(1) Assisted living residences; residential care facilities;
(2) Animal hospital or veterinary clinic, excluding open kennels on the premises;
(3) Assembly halls, gymnasiums and similar structures as the principle use;
(4) Colleges, vocational and trade schools;
(5) EMS;
(6) Gift/novelty shop;
(7) Hospitals, medical clinics and offices (not to include drug or alcohol treatment facilities);
(8) Libraries, museums and art galleries;
(9) Music and dance studios;
(10) Pharmacy;
(11) Private kindergartens or nursery schools;
(12) Public parks, with associated facilities, such a playgrounds, swimming pools;
(13) Radio and television stations, studios and offices; and
(14) Schools - public elementary, junior high and high school, including private schools having a similar curriculum.
(C) Uses, additional permitted. The following are additional permitted uses in an incubator setting consistent with the definition stated above and the other terms of this section:
(1) Antique and consignment shops;
(2) Appliance sales and service, repairs;
(3) Bakery (sold on premises);
(4) Bicycle sales and repair;
(5) Coffee shop and/or dairy bar;
(6) Contractors office (only, no materials stored on site);
(7) Dry cleaning pick-up site, tailor (no actual dry cleaning activities);
(8) Financial institutions;
(9) Florists;
(10) General merchandise store less than 1,000 square feet;
(11) Locksmith;
(12) Medical supply store;
(13) Newspaper offices;
(14) Office supply and equipment - sales and service;
(15) Offices - business, professional and public;
(16) Personal care services - hair, nails, tanning, weight loss;
(17) Photographic studios and camera supply store;
(18) Printing, publishing and reproducing establishment;
(19) Restaurant, carry-out, delivery, sit-down;
(20) Shoe repair; and
(21) Web site design.
(D) Uses, conditional. All other uses are conditional and shall appear before the Board of Adjustment and meet the following criteria for approval prior to starting their business in an incubator.
(1) A Schedule B privilege license shall be required, as per § 110.16 of this code of ordinances, for each business that is part of the incubator.
(2) No uses shall be permitted that shall cause run-off of toxic chemicals from the site into the
town’s wastewater system or that would indirectly affect natural waterways.
(3) Parking shall be in accordance with the requirements set forth in this chapter.
(4) Observance of any restrictions for the Heritage District Overlay must be met and any proposed changes to the property shall require prior approval by the Preserve America Committee.
(5) Signs shall be in conformance with all of §§ 152.105 through 152.118 of this chapter. No parking of vehicles with advertising covering more than 50% of the vehicle shall remained parked on site after hours. No flashing signs, outdoor advertising or neon signage of any type shall be allowed. The incubator may use a non-electronic changeable copy sign for event advertising, as long as it complies with all other requirements of §§ 152.105 through 152.118 of this chapter.
(7) No storage of any materials, parts, equipment, machinery and/or supplies shall be allowed
outside. All materials pertaining to a business must be stored on site with the business or in a designated storage room.
(8) Impact on neighboring properties. Businesses in the incubator shall not have a negative impact on the neighboring properties and must be found to be in harmony with the surrounding community.
(9) The educational component of the proposed conditional use must be demonstrated to the Board of Adjustment such that the Board of Adjustment finds such plan to be a credible and substantial component of the business undertaking.
(10) All incubators must submit an acceptable admissions criteria that outline and meet requirements for the following categories:
(a) Criteria for new or early stage business;
(b) Criteria for “distressed businesses”;
(c) Viability;
(d) Completed plan that outlines the following items:
1. A site plan of the property, to include the identification of neighboring properties;
2. A floor plan with the proposed uses of the spaces where possible;
3. Hours of operation of the incubator;
4. Proposed signage for the incubator;
5. A comprehensive parking plan;
6. A plan for solid waste disposal with screening;
7. A calculation of spaces identified for anchor businesses;
8. A landscaping plan;
9. A lighting plan; and
10. Specifications of the grease trap for the culinary school’s needs.
(e) Requirements for graduation;
(f) Employment opportunities;
(g) Professional environment;
(h) Fit in the community;
(i) Educational component;
(j) Experience;
(k) Cooperative environment;
(l) Limited duplication of existing businesses;
(m) Non-profit business;
(n) Criteria for admissions as an “established business”;
(o) Graduation requirements; and
(p) Criteria for “anchor businesses”.
(Ord. passed 3-14-2005; Ord. passed 6-11-2012; Ord. passed 9-10-2012; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 922)
§ 152.226 BREWERIES, DISTILLERIES, WINERIES.
(A) Intent. The town recognizes the increasing popularity of this type of industry and finds that by nature of the restrictive regulations of both state and federal, considers these additional conditions. Therefore, the following conditions shall apply in the town’s zoning jurisdiction:
(B) Conditions.
(1) No outside storage of raw materials;
(2) No outside storage of spent grain. Accumulated grains must be disposed of within 24 hours after a batch is finished;
(3) No drive-through windows;
(4) Ability to provide off-street loading and unloading for all materials;
(5) For microbreweries: Size is usually determined by the number of barrels produced each year. Microbreweries are limited to no more than 15,000 barrels per year;
(6) Discharge into the town’s wastewater system must be pre-approved by the Town Manager and the wastewater treatment plant operator;
(7) For distilleries: the town requires that all distillery facilities be located in a standalone building whereby they are the only occupants in order to protect against fire and/or explosion; and
(8) For distilleries: because spirituous liquor is the end product, “distillery” would not include industrial distilleries, such as for the production of ethanol for use as a fuel.
(C) Parking. Parking shall be provided as follows:
(1) One space for each 500 square feet of floor space, plus one space for each employee; and
(D) Involvement areas. Public involvement areas for demonstration, education, retail and tasting shall be included in all settings.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 923)
§ 152.227 TELECOMMUNICATION STRUCTURE.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 924)
§ 152.228 HELIPORTS.
(A) Land requirement for a privately operated heliport is any tract of three acres or more.
(B) Dimensions must be at least 20 square feet for the landing pad. A safety area of 35 feet on each side is to be maintained with no structures located within this radius. There must also be a 300-foot strip on either side of the 35-foot safety area to be kept clear as a “take-off” zone.
(C) Equipment needed: a wind indicator (wind sock), warning signs and rescue and emergency equipment; like a fire extinguisher.
(D) Required markings for identification purposes: the location where the helicopter is to land on the pad must be marked along with numbers inside the circle to reference the maximum weight limit of the landing zone.
(E) Lighting around the surface of the landing area designating the exact area the craft would touch down. The lights are required to be green LED lights. In addition, the landing zone is required to light up the wind cone and also provide general flood lights to help illuminate the surrounding area on the ground if landing at night. The flood lights should be crafted as to shine towards the ground and not into the night sky. Use of lights between the hours of 8:00 p.m. and 7:00 a.m. is not authorized.
(F) Permitting and approvals required by the Federal Aviation Administration must be met.
(G) Hours of operation: heliport landings shall be conducted between the hours of 7:00 a.m. and 8:00 p.m.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 7-10-2017; Ord. passed 3-14-2019, § 925)
§ 152.229 RECREATIONAL VEHICLE PARK.
Recreational vehicle parks are allowed as a conditional use in accordance with the following regulations.
(A) Recreational vehicle parks are only allowed in the RC Zoning Districts only as a conditional use.
(B) Site plans shall be submitted with the following information:
(1) Name and address of owner(s);
(2) Vicinity map drawn to scale of one inch equals 1,000 feet;
(3) Name of recreational park;
(4) Number of lots, sizes and boundaries;
(5) Roads, rights-of-way and turnarounds with a radius of 45 feet;
(6) Total acreage;
(7) Conceptual layout of lots and distances of lots;
(8) Schematic layout showing utilities, electrical hook ups;
(9) All utilities are to be located underground;
(10) Grading and drainage plans;
(11) Time schedule of development;
(12) Streams;
(13) Flood hazard areas;
(14) Wetlands;
(15) Water shed areas;
(16) Open space;
(17) Location of solid waste disposal area(s);
(18) Fire protection plan;
(19) Accessory buildings (if allowed);
(20) Overflow parking area;
(21) Buffer and riparian buffer areas identified;
(22) Landscaping and screening plan;
(23) Lighting plan;
(24) Signage proposed and location; and
(25) Amenities and accessory areas.
(C) The minimum size for a recreational vehicle park, including permitted accessory uses, is five acres. The lot sizes are 20,000 square feet with well and septic, 15,000 square feet with either well or septic services provided by the town and 8,000 square feet for water and wastewater services both provided by the town. The lots are to be numbered and may not be subdivided or individually sold. Lots must have 20 feet of road frontage.
(D) A permanent office shall be kept on site. Every visitor must register with the office and records shall be kept of names and addresses of the owner(s) of each recreational vehicle, along with the make, model, year and license plate number of each vehicle or the vehicle with which it is towed, state, territory or country issuing such license and the arrival and departure date of each vehicle. This record must be available for inspection to all appropriate agencies whose duty it is to acquire this information. Security shall be provided by the owners while the park is open.
(E) Streets coming to the park must be able to accommodate first class vehicles. All streets within the park are to be 24 feet in width with a 30-foot right-of-way and must be concrete or paved. Adequate room must be allowed for emergency vehicles. Entrance to the park shall be 45 feet wide to allow for turning of large vehicles. All turn-arounds must be 45 feet in width to allow for long vehicles.
(F) Access by bridge shall require the bridge to be built to NCDOT standards and accommodate the traffic proposed for the park.
(G) A landscaping plan must be provided during the conditional permit process. The plan shall be designed to perform the following function:
(1) Screen the RV park visually and audibly from adjacent properties as completely as possible;
(2) Provide an attractive entrance and street frontage;
(3) Provide dust and erosion control;
(4) Provide a neat, attractive and aesthetically pleasing appearance; and
(5) Grass and ornamental landscaping shall be provided throughout the RV park.
(H) Concrete pads shall be provided for each lot at ten feet by 40 feet.
(I) All lots shall allow for two parking spaces. No parking is allowed along the sides of streets. Overflow parking shall be provided elsewhere in the park.
(J) Accessory uses permitted may include structures for office, restrooms, picnic shelters, shower and laundry services and recreation facilities for exclusive use of park patrons (i.e., pool, ball fields, clubhouse and the like).
(K) Drainage, sedimentation and erosion control plans must be approved and implemented by standards of the state’s Department of Environmental Quality.
(L) Electrical hook-ups shall be provided for each lot. No generators are allowed for use.
(M) All water distribution and sewage disposal system plans must receive approval from the appropriate state, county and/or town officials prior to issuance of a certificate of compliance. Each rental space shall be equipped with a sewer and electrical hookup as well as two water outlets, to provide water connection to the recreational vehicle and a water hose for fire protection.
(1) If not hooked to a town sewer system, then a public sewage system shall be provided by way of a branch line and a riser pipe at least four inches in diameter. The riser pipe shall be capped with a water-tight cap or plug when not in use. Sanitary sewage systems shall be installed in compliance with State Health Department standards. All plumbing in the RV park shall comply with state and local plumbing laws.
(2) An accessible, adequate safe and potable supply of water under pressure shall be provided in the RV park. The water supply system shall be designed, constructed and maintained in compliance with the State Health Department standards and if supplied by the town, shall meet the applicable standards of the town.
(N) No recreational vehicle lots, structures or other facilities may be located closer than 35 feet from any property line in a residential zone and in no case within 200 feet of an existing structure not associated with park operations. There must be 20 feet of separation between recreational vehicle lots.
(O) Setbacks for the park will be 50 feet from the edge of a state maintained road and/or 35 feet from the center of the road.
(P) Permanent habitation is not permitted. The maximum time a recreational vehicle may be present in the recreational vehicle park is five consecutive months each calendar year. Permanent plumbing or mechanical connections are prohibited. Wheels and axels must remain on recreational vehicles at all times. Recreational vehicles are not to be rented, owner occupancy only.
(Q) Accessory structures cannot be connected to any recreational vehicle. Set-up of recreational vehicles shall be done according to manufacturer’s instructions. Canvas awnings, which are normal camping equipment are allowed, but must be removed when the recreational vehicle is removed. No other structural additions shall be built onto or become a part of any recreational vehicle. No storage sheds are allowed.
(R) (1) Campfires are permitted within a fire ring and shall be monitored at all times. Must be at least 25 feet away from any combustible fuel storage source.
(2) All fires must be extinguished no later than 11:00 p.m.
(S) Location of a recreational vehicle park within a floodplain, not a flood way, is allowed. An emergency evacuation plan must be filed with the town’s Zoning Administrator and the town’s Police Department.
(T) Noise levels shall not exceed those similar to residential neighborhoods in the town, and recreational vehicle parks must post signs advising patrons to observe “quiet hours” between the hours of 10:00 p.m. and 6:00 a.m. no drone are allowed.
(U) Pets are allowed as long as they are kept on a leash or in an enclosure at all times. Patrons of the park must be able to keep their pets under control for excessive barking.
(V) (1) Dumpster sites must use animal proof measure to prevent the attraction of animals into the park.
(2) A schedule of pick-ups must be provided to the Zoning Administrator.
(3) Grills are to be burned off and cleaned after each use as a deterrent for animals.
(W) Adequate fire protection plan shall be provided throughout the recreational vehicle park. Approval of a fire protection plan by the town’s Fire Department shall be provided prior to approval.
(X) (1) At least 10% of the total acreage shall be kept as open space for recreational activities.
(2) Open space shall not include any area designated as a roadway, rental lot, storage area, swimming pool, yard area surrounding the manager’s residence or any area required for setbacks as set forth in § 152.229 of this chapter.
(Y) Tents are allowed in a separate section and shall follow the guidelines of § 152.207 of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 926; Ord. passed 8-12-2019)
§ 152.230 LIVESTOCK AND POULTRY.
Livestock and poultry are allowed as a special use in accordance with the following regulations.
(A) Keeping of livestock or poultry in zoning districts as referenced in § 152.028 of this chapter, shall be applicable only to property within the corporate limits of the town. The keeping of livestock and poultry in the extraterritorial jurisdiction (ETJ) shall not be governed by this section as per G.S. § 160D-9-3(c).
(B) Any existing situations of livestock or poultry being kept within the corporate limits of the town prior to the effective date of January 1, 2021 of this section shall be allowed to continue as a non-conforming use as provided in § 152.335 of this chapter. Should any pre-existing livestock or poultry situation cease by removal of a related structure or fence for more than six months, such use shall no longer be allowed.
(C) No more than one animal shall be kept, maintained and/or stabled per 5,445 square feet (one-eighth acre). For the purpose of this section, one animal shall mean a goat, sheep, donkey, mule, cow, horse, bison, llama, alpaca, ostrich, or similar animals weighing 200 pounds or more. Five chickens or similar foul defined as poultry shall count as one animal unit. The keeping of hogs, excluding a potbellied pig as a pet, is not permitted.
(D) All livestock or poultry shall be fenced so that they are no closer than 150 feet from an adjacent dwelling unit. This shall not apply to a residence constructed after the establishment of such livestock or poultry containment area. However, the containment area may not encroach further towards the newly established residence.
(E) No livestock shall be kept, maintained, or stabled on any lot of less than two acres and must be able to maintain a healthy water source for the animals.
(F) Structures or enclosures provided to adequately accommodate and maintain all livestock and/or poultry must be approved by the Zoning Administrator and the County Building Inspector for the storage of farm equipment or supplies, maintenance equipment and supplies, and similar items associated with agricultural uses and permitted subject to the issuance of a zoning permit.
(G) All stables, pasture areas, and manure and feed storage areas shall be kept in a neat and healthy condition so as not to constitute a nuisance for adjoining property owners.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 927) Penalty, see § 152.999
§ 152.231 TEMPORARY PORTABLE STORAGE CONTAINERS.
Placement and use of temporary portable storage container(s) are subject to the following conditions and limitations:
(A) Use. Temporary portable storage containers:
(1) Shall only be used for storage of goods and materials.
(2) Storage of hazardous, toxic, or explosive substances, or any other substance requiring a 704 placard is prohibited.
(3) Can be allowed as storage in any zoning district if proper siding and a roof are used.
(4) Commercial, wholesale or retail sales, flea markets, peddling, garage sales or other similar types of activities is prohibited.
(5) Habitation of storage units by humans or animals is prohibited.
(B) Number allowed. Any property is limited to one temporary portable container at any given time.
(C) Duration of use.
(1) Shipping containers can be allowed in the C-2 zoning district as long as they are buffered from public view, no time limit.
(2) Shipping containers may be used for material and equipment storage upon active construction sites so long as they are under an active building and zoning permit.
(3) Smaller containers, such as “PODS,” may be utilized in the R-1, R-1U, and R-2 districts for up to three months within a calendar year, unless they are under an active building and zoning permit at which time as this period may be extended for up to an additional six months.
(4) Shipping containers may be used for material and equipment storage upon active construction sites so long as they are under an active building and zoning permit.