DEVELOPMENT REGULATIONS FOR SPECIFIC USES
Some uses that may normally not be acceptable in certain zoning districts may be acceptable if they meet conditions of development that are in addition to the normal development standards. Those uses permitted with prescribed conditions are listed below with the additional development requirements that must be met in addition to the zoning district requirements where the proposed use is located.
All applicants for a use permitted with prescribed conditions must file an application for a Zoning Permit with the Zoning Officer. The Zoning Officer shall review, and then approve or deny all applications.
11.3.1.
A site plan must always be submitted with the application showing at least the following drawn to an engineering scale.
(a)
The shape and dimensions of the lot on which the proposed building(s) is to be erected;
(b)
The location of said lot with respect to adjacent rights-of-way;
(c)
The shape, dimensions, and location of all buildings, existing and proposed, and required setbacks;
(d)
The nature of the proposed use of the building or land, including the extent and location of the use;
(e)
The location and dimensions of off-street parking and loading space and means of ingress and egress;
(f)
The square feet and percentage of lot as built upon area if the lot is located in a Watershed;
(g)
The location and type of all required buffers;
(h)
Required Driveway Permits from the Department of Transportation;
(i)
A Sedimentation and Erosion Control Plan (if applicable) as submitted to the Land Quality Section, Department of Environment and Natural Resources; and
(j)
Any other information, which the Planning Staff may deem necessary for consideration in enforcing all provisions of this Ordinance.
11.3.2.
The site plan shall indicate the location and dimensions of outdoor activity areas including outdoor storage, location and type of outdoor lighting, and areas of environmental concern such as flood plains, surface water, and drainage ways. Prior to approval of the site plan, the Zoning Officer may consult with other qualified personnel for assistance to determine if the application meets the requirements of this Ordinance. Individual applications may require more information, as given in this Section or elsewhere in this Ordinance. In addition, the Zoning Officer may require other information, as he/she deems necessary in order to determine if the proposal meets all requirements and will not endanger persons or property.
11.4.1.
The dimensional requirements shown in Table 11-1 and the regulations in Sections 11.4.2 through 11.4.1. below shall apply to Uses with Conditions in the Residential Agriculture, Residential and Conservation Districts. Should requirements contained in Sections 11.6 through 11.110 for the proposed use be different from these, the regulations in Sections 11.6 through 11.110 shall govern. This shall also apply to accessory structures and uses.
Table 11-1
Requirements for All Uses with Conditions in the RA, R, and CON Districts
*Minimum lot size for conservation is 80,000 square feet.
11.4.2.
Screening and Buffering. If the applicant chooses to locate any structure allowed as a use with prescribed conditions within 30 feet to 100 feet of the adjacent property line of an existing residential occupied property, he/she must provide screening and buffering in accordance with Article 10, Part III.
11.4.3.
Lighting. Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only. See Article 10, Part IV.
11.4.4.
Outdoor Storage. Outdoor storage must meet the requirements of this Ordinance.
11.4.5.
Access. Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
11.4.6.
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
11.4.7.
Commercial Building Code. If applicant desires to construct a business on his/her property or convert part of their dwelling to a business, the commercial building code for rehabilitation will apply.
11.4.8.
Family owned and operated. If applicant desires to construct a business on his/her property and live on the site, or convert part of their dwelling to a business it shall be family owned and operated.
11.4.9.
Home Occupations. Home occupations may not occupy more than 25% of the home and shall not change the character of the dwelling or its surroundings.
11.4.10.
Parking and Loading. See Article 10, Part I.
11.4.11.
Signage. See Article 10, Part II.
11.5.1.
The regulations in Sections 11.5.2 through 11.5.8. below shall apply to Uses with Conditions in the Commercial and Industrial Districts. Should requirements contained in Sections 11.6 through 11.110 for the proposed use be different from these, the regulations in Sections 11.6 through 11.110 shall govern. This shall also apply to accessory structures and uses.
11.5.2.
Dimensional Requirements for Uses with Conditions proposed in the Commercial and Industrial Districts shall be the same as those of the zoning district requirements.
11.5.3.
Residential Use (Dwellings) permitted under the following conditions.
(a)
Shall be a secondary use to the commercial or industrial use.
(b)
Shall provide housing for those employed at the business.
(c)
May be part of a mixed-use development with commercial use on first floor and residential on second floor.
11.5.4.
Lighting. Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only. See Article 10, Part IV.
11.5.5.
Outdoor Display and Storage. Outdoor storage display must meet the requirements of this Ordinance.
11.5.6.
Access. Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
11.5.7.
Parking and Loading. See Article 10, Part I.
11.5.8.
Signage. See Article 10, Part II.
(a)
Where. Residential Agriculture, Residential, Commercial, Conservation, and Industrial Districts
(b)
Definition. Accessory Use, Accessory Structure. A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. Some examples of accessory structures and uses include, but are not limited to, free standing carports, detached garages, storage buildings and detached mother-in-law suites or granny pods. Manufactured homes, tractor-trailers or containers are not considered accessory uses or structures. Accessory structures with any side dimension greater than 12 feet require a Building Permit from the Bladen County Building Inspections Department and must meet the technical provisions of the current North Carolina Residential Code.
(c)
Accessory buildings shall not be used for commercial purposes unless properly permitted.
(d)
Location.
(1)
In all residential zoning districts, accessory structures and uses may be placed in back of or on the side of the principal structure on the lot but must meet the setback requirements for the zoning district.
(2)
No accessory structure or building except utility substations shall be erected in any easement.
(3)
On any lot in residential zoning districts, all accessory structures and uses shall be at least five (5) feet from any other building on the same lot, and at least twelve (12) feet from any buildings used for human habitation on adjoining lots. No accessory structure or use except utility substations shall be erected in any easement.
(e)
Setbacks. All parts of the building, including the footings and posts that support a shed style roof, shall comply with the side and rear line setback requirements of the district in which the accessory building is to be located. In the case of a corner lot, where the rear or side line abuts another streets or alleyway, the street-side setback must be equal to or greater than the front yard minimum setback for the district.
(f)
Height Restrictions. The height of all accessory structures and buildings shall conform to the height limitations of the zoning district in which it is located.
(g)
Lot Coverage. Accessory structures to a residential use shall not have a ground floor area which exceeds 50 percent of the ground floor area of the principal building.
(h)
Expansion of Nonconforming Use Not Permitted. If a property is nonconforming under the zoning ordinance, then the addition of an accessory use or structure must not violate and restriction concerning the expansion or change involving the nonconforming features of the site.
(i)
Limitation on Number of Accessory Buildings. In all residential zones there shall be no more than two (2) detached accessory structures per lot. The architectural design of the building shall be similar to that of the principal dwelling. No accessory building that involves or requires any construction features which are commercial or industrial in nature or character shall be permitted.
(a)
Where. Special Use in the C District.
(b)
Defined. As included in Section 2.6 of this Ordinance, an Adult Establishment/Sexually-Oriented Business means any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. 14-202.10. This includes, but it not limited to, adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult live entertainments, or massage businesses.
State Law reference— G.S. 160D-902
(c)
Requirements/Conditions. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(d)
Additional Requirements/Conditions.
(1)
Use Separation.
a.
No adult bookstore, adult theater or adult massage parlor shall be located within 1,000 feet of any other adult bookstore, adult theater, or adult massage parlor. Measurements shall be taken from the exterior walls of the building(s) containing such regulated use and the adjacent building uses.
b.
No establishment shall be located within 1,000 feet of any residential use or any church, school, or other such facility. Measurements shall be taken from the exterior walls of the building(s) containing such regulated use and the adjacent building uses.
c.
No sexually oriented business may remain open at any time between the hours of 11.00 p.m. and 8.00) a.m. on weekdays and Saturdays, or during the period from 11.00 p.m. Saturday until 8.00 a.m. Monday.
(2)
Screening and Buffering. See Article 10, Part III.
(3)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. Special Use in RA, C, and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. An airstrip is an accessory use and must also follow the provisions of Section 11.6.
(d)
Additional Requirements/Conditions.
(1)
Airport Size and Layout. shall conform to current FAA design standards.
(2)
Overlay District Applies. All standards for the AO (Airport Overlay) also apply.
(3)
Use Separation. There shall be a minimum of three hundred (300) feet between any runway or taxiway and to the nearest property used or zoned for residential purposes, except that a residence may be located on the property of a small private airfield.
(4)
Screening and Buffering. See Article 10, Part III.
(5)
Additional Site Plan Requirements.
a.
Scaled drawings of location and size of landing strips and the location of landing lights.
b.
Map of all property within 500 feet of proposed airfield or airstrip property line and within 1,500 feet of each end of the runway, including names and addresses of property owners and type of land use for each property, as given in the tax listings.
c.
A map depicting the location, type, and height of any structure, including towers, over two hundred (200) feet in height and within a five (5) mile radius.
d.
A copy of the current FAA design, approach, and airspace obstruction standards. Documentation showing FAA permits and design approval.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located
(c)
Additional Conditions.
(1)
Minimum setback from any street right-of-way to buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be the same as the setbacks for the principal structures within said district.
(2)
No buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be located less than fifty (50) feet from any property used or zoned for residential purposes.
(3)
Minimum setback from any other property line shall be the same as the setbacks for the principal structures within said district.
(4)
Noise. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation.
(5)
Exterior Enclosures. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. All exterior enclosures must be surrounded by an eight (8) foot high solid continuous wall and door(s).
(6)
Sanitation. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Minimum setback from any street right-of-way to buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be the same as the setbacks for the principal structures within said district.
(2)
No buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be located less than fifty (50) feet from any property used or zoned for residential purposes.
(3)
Minimum setback from any other property line shall be the same as the setbacks for the principal structures within said district.
(4)
Noise. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation.
(5)
Exterior Enclosures. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. All exterior enclosures must be surrounded by an eight (8) foot high solid continuous wall and door(s).
(6)
Sanitation. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located
(c)
Additional Conditions.
(1)
Street Access. The lot shall have direct access to an arterial or collector street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(a)
Where Permitted. RA, R and I Districts as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access. All athletic fields shall have vehicular access to a collector or higher capacity street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(3)
Lighting. Lighting of fields shall be positioned as to limit impact on neighboring residential properties.
(4)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(a)
Where Permitted. CON District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access. All athletic fields shall have vehicular access to a collector or higher capacity street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(3)
Lighting. Lighting of fields shall be positioned as to limit impact on neighboring residential properties.
(4)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(5)
Commercial Gain. There shall be no commercial gain from the offer of use of these facilities.
(a)
Where Permitted. Special Use in the RA and C Districts.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements/Conditions.
(1)
Dimensional Requirements.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
All junk, salvage, or wrecking yard shall be located at least five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening and Buffering. Open storage of wrecked vehicles is not permitted. See Article 10, Part III.
(3)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. Special Use in the RA and C Districts.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements/Conditions.
(1)
Dimensional Requirements.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
All junk, salvage, or wrecking yard shall be located at least five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening and Buffering. Open storage of wrecked vehicles is not permitted See Article 10, Part III.
(3)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Use Separation. No such facility shall locate within 400 feet of another bed and breakfast located within a RA zoning district.
(2)
Operation.
a.
An owner/manager of a bed and breakfast home shall reside on the property.
b.
The use shall be located in a structure which was originally constructed as a dwelling.
c.
Activities and functions at the bed and breakfast home are to be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment. Rooms shall not be equipped with cooking facilities.
(3)
Parking. Parking shall not be permitted in the front yard and shall be screened from adjacent uses by an approved buffer.
(4)
Submittals with Zoning Permit Application.
a.
A floor plan of the building, including each lodging unit or dwelling unit shall be submitted indicating ingress and egress from each unit. Each lodging or dwelling unit shall have direct access to a hall or exterior door. If structural alterations to an existing structure are required, a complete description of the nature and extent of the alterations and new construction shall be submitted with the application.
b.
A statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed use shall be submitted with the application.
c.
A statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures shall be submitted with the application.
d.
Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Chief and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(5)
Outdoor Events. Outdoor events (e.g., weddings, receptions, parties) or similar activities conducted for compensation shall be permitted only if there is sufficient overflow parking available on site.
(6)
Review by Fire Inspector. Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Inspector and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(a)
Where Permitted. C as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Setbacks. Boats and other vessels located on a sales lot shall be set back a minimum of 20 feet from street rights-of-way and property lines.
(2)
Street Access. Principal access must be from a collector or higher capacity street.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Screening. All outside storage shall be completely screened from view from all streets and adjacent residentially zoned property.
(2)
Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.
(3)
Dust. All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.
(a)
Where Permitted. RA and CON as Special Use.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Dimensional Requirements.
a.
In areas with developed campsites, separate sanitary facilities for both sexes (including showers) shall be available within four hundred (400) feet of each campsite and drinking water shall be available within one hundred (100) feet of each campsite.
b.
In primitive camping areas, drinking water and sanitary facilities shall be available within twelve hundred (1200) feet.
c.
In areas with developed campsites, each campsite shall have a minimum of parking for two (2) vehicles.
(2)
Service Building Required. Pursuant to the N.C. State Building Code, each campground shall have at least one (1) service building to provide necessary sanitation and laundry tray. This structure may also contain a retail sales counter and/or coin-operated machine for the campground residents use, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area. All service buildings shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be ADA accessible and conveniently located. All buildings and structures shall be constructed in accordance with the N.C. State Building Code, and all applicable requirements of the County Code.
(3)
Limit on Recreational Vehicles per Campsite Space. No more than one (1) recreational vehicle may be parked on any one (1) space. Recreational vehicles shall not be permitted on parcels, lots, or other areas not approved through these regulations.
(4)
Refuse Collection. The campground owner/operator is responsible for providing a central location for refuse collection and shall adequately screen and buffer such location from campground residents and campsites. Storage, collection and disposal of refuse shall be managed as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution. The location of on-site refuse facilities and collection schedule shall be approved by the Bladen County Public Works Department prior to zoning approval.
(5)
Access to Wastewater and Drinking Water for All Campsites. Each campground shall have reasonable access to a source of potable water and adequate wastewater disposal approved by the applicable health authority and building codes.
(6)
No Permanent Camping. No permanent camping shall be permitted. It is not intended that any structure, mobile or permanent, be used as a permanent residence except for the owner or operator.
(7)
Lighting. Adequate lighting shall be provided for all common areas, including interior lighting in any building open at night. All sanitary facilities and dumping areas, water faucets, parking areas (other than at each campsite), recreation areas, and other service buildings and general use sites shall be lit at night, either with a light mounted on the building or as a pole light. In developed camping areas, lights will be installed along walkways to water and sanitary facilities and at roadway or driveway intersections. All outdoor lighting shall have a total cutoff at ninety (90) degrees.
(8)
Fire Pits. Each campsite space may provide a fire pit or ring if burning is permitted within campground. No trash burning is allowed other than in fire pit or ring and no burning other than paper and wood is allowed. Fires shall be extinguished before leaving or retiring.
(9)
Picnic Tables. Permanently affixed picnic tables may be provided at campsites spaces.
(10)
Public Street Access. No campsite space within a campground resort shall directly access a road from the exterior [of] the campground. Access to all structures within the campground shall be made using internal streets. All campground entrances/driveways shall be approved by the North Carolina Department of Transportation as required by North Carolina state law.
(11)
Street Maintenance. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground if not approved by NCDOT. Streets shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump shall be placed along the street. These requirements are subject to inspection anytime by the County.
(12)
Camp Stores. In areas with developed campsites, a camp store may be provided, for the use of campground users only, which may sell camping supplies, e.g. food, ice, personal supplies, etc.
(13)
Signs.
a.
Signs may be placed within campground for purposes of public direction and safety.
b.
One freestanding sign for the purposed of advertising the campground shall be constructed at the entrance(s) of the campground and shall comply with the sign regulations contained in Article 10, Part II.
c.
There shall be a maximum of three off-premises signs which must comply with the regulations contained in Article 10, Part II.
(14)
Flood Plains. Campgrounds proposed to be developed in whole or in part in flood plains shall demonstrate compliance with the Flood Damage Prevention Regulations contained in the County Code.
(15)
Emergency Evacuation. The application for a special use permit shall contain an emergency evacuation plan which is adequate to protect the safety of those utilizing the campground.
(16)
Animals. Animals traveling with campers shall be kept on a leash or tethered within their campsite at all times.
(d)
Additional Site Plan Requirements.
(1)
Topography of the site, at contour interval no greater than five (5) feet.
(2)
Natural features such as streams, lakes or ponds, rocky outcrops, wooded areas, marshes, meadow land, or any other site in interest.
(3)
Historic sites and cemeteries.
(4)
Location and approximate size of all buildings and structures within 500 feet.
(5)
Proposed layout of the campground, both primitive and developed camping areas, including individual sites, cabins, recreation areas, drinking water outlets, sanitary disposal facilities, comfort stations and other service buildings.
(e)
Additional Operational Requirements.
(1)
Responsible Party. The person to whom a permit for a campground is issued shall be the party responsible to comply with the conditions of the operating permit and shall operate the resort campground in compliance with this section and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition. Failure to comply with this section may result in revocation of the zoning permit by the Zoning Officer.
(2)
Manager on Duty. In developed camping areas, an attendant will be on the site twenty-four (24) hours a day while the campground is open for business.
(3)
A public phone in working order shall be available.
(4)
A fire extinguisher shall be available at each service building and at the office.
(5)
Individual campsites and general use areas shall be kept clean and free from garbage, refuse, litter, and other conditions, which can lead to the transmission of disease, breeding of rodents and insects, and which may present a fire hazard or contribute to the spread of fire.
(6)
All sanitary, laundry, and drinking water facilities shall be maintained in a clean, sanitary condition and kept in good repair at all times.
(7)
A camp store may be permitted, but no alcoholic beverages may be sold on the site.
(8)
Registration Records. Every campground owner or operator shall maintain an accurate register containing a record of all occupants in the campground. The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information.
a.
Name and permanent address of the occupants of each space.
b.
Campsite space number and/or appropriate quarter within a shelter.
c.
Date when occupancy within the campground begins and date when occupancy within the campground ceases.
d.
Upon request, park records shall be made available to the County.
e.
Time of Stay Each Year. No recreational vehicle or park tenant shall stay a length of time which exceeds 60 days of the time during which the resort campground is approved to operate.
(9)
Inspections.
a.
Any representative acting in official capacity on behalf of the County of Bladen as determined by County, is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Article. It shall be the duty of the owners of campgrounds to give the County free access to such premises for inspections.
b.
The person to whom an operating permit for a campground is issued shall operate the campground in compliance with this Ordinance and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition.
c.
The campground owner shall notify campground visitors of all applicable provisions of this Article and inform them of their responsibilities under this Article.
(e)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
North Carolina Cemetery Act. All cemeteries shall meet the requirements set forth by the North Carolina Cemetery Act, and if applicable, shall obtain a license from the North Carolina Cemetery Commission.
(2)
Minimum Lot Size. A minimum of three (3) contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a church.
(3)
Setbacks. The minimum setback for structures, graves and burial plots from any exterior property line shall to 100 feet.
(4)
Cemeteries as an Accessory Use to a Church. Cemeteries, including a columbarium, located on the same property as a church shall be subject to the following criteria.
a.
The cemetery shall not encroach on any yard setbacks.
b.
A site plan shall be submitted.
(d)
Family Cemeteries.
(1)
RA District-Conditional Use.
a.
Must be surveyed and recorded with Mapping and Register of Deeds.
b.
Must be maintained by landowner and heirs.
c.
Must be named.
d.
Must have a minimum 20 feet ingress and egress.
e.
Must not exceed 100 feet × 200 feet area.
f.
Area within cemetery boundaries must perk.
g.
Gravesites must be at least 100 feet from any water supply.
h.
Cemetery boundaries must be at least 100 feet from existing dwelling.
i.
Must be on at least 3-acre parcel.
(a)
Where Permitted. RA, R, C and I as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. An airstrip is an accessory use and must also follow the provisions of Section 11.6.
(d)
Additional Conditions.
(1)
State Regulation. Facility must comply with the requirements of the State of North Carolina.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access to Streets. Clubs shall have direct access to a collector or higher capacity street.
(2)
Screening and Buffering. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Article 10, Part III.
(3)
Pools. Private non-profit clubs having only one operating swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirements if all activities and facilities (other than parking) are located no closer than fifty (50) feet to any property line. There shall be provided in any swimming pool water area at a depth of five (5) feet or less in the ratio of 7.2 square feet per member (or family). Water areas not deeper than five (5) feet shall not be included as a part of the minimum pool area to satisfy this requirement. Adjacent to swimming pools there shall be provided paved patio area(s) in the ratio of two (2) square feet of paving for each square foot of water area that is five (5) feet or less in depth.
(4)
Setbacks. No improvements, structures, sidewalks or play areas or equipment shall be closer than fifty (50) feet to any adjoining property lines. Parking areas may be permitted within twenty (20) feet of an adjoining property line if the abovementioned twenty (20) foot strip is used for plantings designed to grow at least six (6) feet high.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state, and local laws, including, but not limited to, any licensing requirement.
(2)
Signs. In any residential district and in the HD and HD-MU districts, all signs shall be non-illuminated and shall not exceed four (4) square feet in area.
(3)
Minimum Lot Size. The minimum lot size shall be three thousand (3,000) square feet.
(4)
Fencing. The entire play area at a adult day care center or home shall be enclosed by a fence having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the adults is ensured.
(5)
Minimum Space Per Participant. Adult day care centers shall have forty (40) square feet of indoor space for each participant in the portion of the building used for adult day care, excluding hallways, offices, and restrooms.
(6)
Proximity to Other Care Centers. In any residential district, whether contiguous or not, adult day care centers shall not be located closer than a one-half-mile radius from any existing permitted adult day care center in a residential district.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state, and local laws, including, but not limited to, any licensing requirement.
(2)
Outdoor Play Area.
a.
Centers with 6—29 Children. Child day care centers licensed for six (6) to twenty-nine (29) children, inclusive, shall have seventy-five (75) square feet per child of outdoor play area for the total number of children for which the center is licensed. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at seventy-five (75) square feet per child.
b.
Centers with 30 or More Children. Child day care centers licensed for thirty (30) or more children shall have seventy-five (75) square feet per child of outdoor play area for at least one-half (½) of the total number for which the center is licensed, provided that the minimum amount of space on the outdoor play area must be enough to accommodate at least thirty (30) children. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at seventy-five (75) square feet per child.
c.
Outdoor play space may not include driveways, parking areas, or land otherwise unsuitable for children's play space.
d.
Outdoor play space may not be in the established front yard.
e.
Outdoor play area shall provide an area that is shaded by a building, awnings, trees, or other methods.
f.
The outdoor area shall be designed so that staff are able to see and easily supervise the entire area.
(3)
Street Access. Centers on a site greater than 3 acres shall have access to a collector or thoroughfare street.
(4)
Hours. The Special Use Permit shall establish the hours of operation.
(5)
Parking for Employees. Parking for employees must be off-street and the minimum number of paved off-street parking spaces shall be two spaces plus one for each employee.
(6)
Off-Street Loading and Unloading. In addition to the off-street parking area, there shall be sufficient paved driveway to accommodate at least two autos at one time for the purpose of loading and unloading passengers.
(7)
Signs. In any residential district and in the HD and HD-MU districts, all signs shall be non-illuminated and shall not exceed four (4) square feet in area.
(8)
Minimum Lot Size. The minimum lot size shall be three thousand (3,000) square feet.
(9)
Fencing. The entire play area at a adult day care center or home shall be enclosed by a fence having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the adults is ensured.
(10)
Minimum Space Per Participant. Adult day care centers shall have forty (40) square feet of indoor space for each participant in the portion of the building used for adult day care, excluding hallways, offices, and restrooms.
(11)
Proximity to Other Care Centers. In any residential district, whether contiguous or not, adult day care centers shall not be located closer than a one-half-mile radius from any existing permitted adult day care center in a residential district.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. A Family Child Care Home (FCCH) is a child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care. A family child care home must be licensed by the Division of Child Development and Early Education (DCDEE). Of those eight children, no more than five children may be of pre-school age. Pre-school age children are children who have not yet reached an age to attend school (i.e. kindergarten). Child Day Care Homes providing service to three or less children or providing care less than four hours per day and who are otherwise not subject to the regulation of the North Carolina Department of Health and Human Services Division of Child Development or other licensing agencies, are still subject to the regulations contained herein.
(2)
Residency Requirement. The primary care provider must reside in the Child Day Care Home. No additional employees are permitted in the operation of the Child Day Care Home with the exception of a substitute who provides care during planned absences of the primary caregiver, as allowed by the North Carolina Department of Health and Human Services Division of Child Development.
(3)
Fencing. All rear yards for a Child Day Care Home shall be fenced or walled. The minimum height for such walls or fences shall be four feet.
(4)
Restrictions on Use of Yard Area. All equipment pertaining to the operation of a Child Day Care Home, to include toys, shall be stored in the rear yard. Front yards shall not be used as playground areas.
(5)
Building and Fire Inspections Required. A building inspection and a fire safety inspection shall be completed for all Child Day Care Homes prior to zoning approval by the County.
(6)
Hours. Hours of operation for a Child Day Care Homes shall be permitted from 6.00 a.m. until 8.00 p.m.
(7)
Proximity to Similar Facilities. A Child Day Care Home, required to be licensed by the State of North Carolina, may not be located within one-half mile radius of an existing Child Day Care Home.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Licensing. An adult care home shall be licensed by the Division of Health Service Regulation of the NC Department of Health and Human Services.
(2)
Definition. "Adult Care Home" is an assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to people with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Adult care homes and family care homes are subject to licensure by the Division of Health Service Regulation.
(3)
Adult Care Home Structural Requirements. In addition to applicable building code requirements, adult care homes must meet requirements of the adult care home licensure rules which address arrangement and size of rooms, lighting, water and air temperature, entrances and exits, and service and fire safety equipment. Annual sanitation and fire and building safety inspection reports by the appropriate authorities are required. Fire safety requirements address fire extinguisher specifications, smoke and heat detectors, fire alarm system, meeting fire safety requirements of city ordinance or county building inspectors, written fire and disaster plans, and fire rehearsals (at least four a year on each shift).
(4)
Residency Requirement. The primary care provider must reside in the Adult Day Care Home. No additional employees are permitted in the operation of the Adult Day Care Home with the exception of a substitute who provides care during planned absences of the primary caregiver.
(5)
Fencing. All rear yards for an Adult Day Care Home shall be fenced or walled. The minimum height for such walls or fences shall be four feet.
(6)
Restrictions on Use of Yard Area. All equipment pertaining to the operation of an Adult Day Care Home, to include toys, shall be stored in the rear yard. Front yards shall not be used as playground areas.
(7)
Building and Fire Inspections Required. A building inspection and a fire safety inspection shall be completed for all Adult Day Care Homes prior to zoning approval by the County.
(8)
Hours. Hours of operation for an Adult Day Care Homes shall be permitted from 6.00 a.m. until 8.00 p.m.
(9)
Proximity to Similar Facilities. An Adult Day Care Home, required to be licensed by the State of North Carolina, may not be located within one-half mile radius of an existing Adult Day Care Home.
See Family Care Home when caring for two—six resident persons.
(a)
Where Permitted. RA, R, C and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. These facilities are considered accessory uses and must also follow the provisions of Section 11.6.
(a)
Where Permitted. RA, R, and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements for RA, R, and CON Districts.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(d)
Additional Requirements for C and I Districts.
(1)
Shall be a secondary use to the commercial or industrial use
(2)
Shall provide housing for those employed at the business
(3)
May be part of a mixed-use development with commercial use on first floor and residential on second floor.
(a)
Where Permitted. RA, R, and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements for RA, R, and CON Districts.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(5)
Units and Minimum Buildable Area. Multifamily dwellings such as apartments, condominiums, and townhouses shall be constructed on a lot area of at least two acres. "Multifamily dwellings" means three or more family units.
(6)
Minimum Dwelling Size. Multifamily units shall be no less than 1,250 square feet in livable space.
(7)
Fire Protection. Every multifamily development shall be equipped at all times with fire extinguishing equipment in good condition, of such size, type, and number and so located as to meet all regulations of the Town Fire Inspector.
(8)
Review by Fire Inspector. Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Inspector and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(9)
Emergency Access Telephone. For the purpose of safety and meeting emergencies, one (1) telephone for each 25, or fraction thereof, dwellings shall continuously be provided to the entire occupancy of the development at convenient locations.
(10)
Animal and Pets. No owner or persons in charge of any dog, cat, or other pet animal shall permit it to run at large or to commit any nuisance within the limits of the development and its surrounding area.
(11)
Streets. All dwelling units shall have shared rights of access along private streets and/or along private drives at least twenty-four feet in width leading to a publicly maintained street. Maintenance of all private streets and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an Owners' Association, or all owners acting collectively pursuant to a binding agreement.
(12)
Signs. Entrance and other signs within the multifamily development shall be in compliance with Article 10, Part II, Signs.
(13)
Landscaping, Buffering and Screening. Shall be in compliance with Article 10, Part III, Landscaping, Buffering and Screening.
(14)
Lighting Requirements. All streets and parking areas within the development shall be adequately illuminated from sunset to sunrise. All lighting shall be in compliance with the requirements of Article 10, Part IV, Outdoor Lighting.
(15)
Utility Requirements.
a.
Water Supply. Connection to a public water supply is required.
b.
Sewage Disposal. Connection to a public wastewater system is required.
c.
Solid Waste Disposal and Sanitation Requirements. Individual garbage cans that adhere to Town specifications shall be provided for each manufactured home.
(16)
Management. In each multifamily development, a manager/operator shall be designated and shall be in charge at all time to keep the development, its facilities and equipment in a clean, orderly, safe, and sanitary condition. The manager/operator is to be registered with the Zoning Officer.
(17)
Plans and Declarations. Multifamily developments shall be subject to Major Site Plan as outlined in Article 16. Together with the application for zoning permit there shall be submitted a tentative, over-all development plan which shall show.
a.
A tabulation of the total number of acres in the proposed project and the percentage thereof designated for each of the proposed dwelling types, off-street parking, streets, parks, schools, and other reservations;
b.
A tabulation of over-all density per gross acre;
c.
Preliminary plans and elevations of the several dwelling types.
(18)
Condominiums. Plans and declarations for condominium developments shall comply with the requirements of the North Carolina Condominium Act (G.S. chapter 47C).
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Defined. Family Care Home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities. "Person with disabilities" means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
State Law reference— G.S. 160D-907(b)
(2)
Separation of Uses. A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts. The County may not require that a family care home, its owner, or operator obtain, because of the use, a special use permit or variance from any such zoning regulation provided, however, that the County may prohibit a family care home from being located within a one-half mile radius of an existing family care home.
State Law reference— G.S. 160D-907(c)
(3)
Charges and Assessments. A family care home shall be deemed a residential use of property for the purposes of determining charges or assessments imposed by the County for water, sewer, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements.
State Law reference— G.S. 160D-907(d)
(a)
Where Permitted. RA and C District as a Special Use.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Size. Flea markets shall not exceed one acre in size.
(2)
Days and Hours of Operation. Days and hours of operation shall be established by the special use permit.
(3)
Food Sales. The sale of food for consumption on or off the premises will require approval by the Department of Health.
(4)
Fencing for Permanent Locations. Permanent outdoor flea markets are required to install and maintain fencing or landscaping along three (3) sides of the open market. A landscape plan describing both fencing and landscaping must be reviewed and approved by the Zoning Officer.
(5)
Buffering. Screening and buffering of a permanent site when adjacent to residential properties may be required as part of the Special Use Permit.
(6)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation. All storage tanks and loading facilities shall be located at least 200 feet from any property line.
(2)
Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.
(3)
Location. Principal access must be from a collector or higher capacity street.
(4)
Fire Code. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the "Flammable and Combustible Liquids Code, NFPA 30" of the National Fire Protection Association.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location. Principal access must be from a collector or higher capacity street.
(2)
Fire Code. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the "Flammable and Combustible Liquids Code, NFPA 30" of the National Fire Protection Association.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Equipment Storage. Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication equipment, auto washing equipment, and similar equipment shall be entirely enclosed within a building.
(2)
Refuse Containers. All garbage and refuse shall be stored in mechanical loading containers located near the rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines unless the Zoning Officer determines that such a setback is not practicable. In such cases, the Zoning Officer may, as an alternative, require a lesser setback provided sufficient screening or enclosure is installed.
(3)
Violation of Abandoned Vehicles and Auto Junkyard Ordinance. The open storage of one (1) or more wrecked or inoperable vehicles or parts of one (1) or more vehicles for ten (10) days or more shall be deemed a junkyard. An unlicensed vehicle stored for ten (10) days or more shall be deemed an inoperable vehicle.
(a)
Where Permitted. Special Use in the RA District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation and Setbacks.
a.
The "track" or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(3)
Noise. The facility shall be sited and operated so as to not produce noise or sound which would adversely impact adjoining and surrounding properties.
(4)
Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.
(5)
Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the raceway.
(6)
Hours of Operation. No such facility that adjoins residentially used or zoned property shall conduct business between the hours of 11:00 p.m. and 8:00 a.m.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA and CON Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Buffer. A 50-foot wide planted buffer shall be observed around the perimeter of the property and shall not be included in the required dimensional area required for the use.
(2)
Minimum Area. The minimum lot depth from the tees to the end of the driving area shall be 1,000 feet or the end shall be controlled with netting and/or berms to prevent golf balls from leaving the property.
(3)
Security Fencing. Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area so as to prevent golf balls from leaving the driving area.
(4)
Dimensions. The depth of a range along a driving axis shall be not less than 350 yards measured from the locations of the tees, and the breadth not less than 200 yards at a distance of 350 yards from the tee.
(5)
Hours of Operation. Service to customers shall be halted at dusk. Lighting of the driving and practice range is not permitted.
(6)
Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses.
(a)
Where Permitted. RA and CON Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation. A fifty-foot minimum distance shall be provided between the clubhouse or other principal building(s) and any adjacent residentially-zoned property.
(2)
Parking Area. All parking and loading areas shall be graded and drained so as to dispose of all surface water.
(a)
Where Permitted. Special Use in I District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Materials which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability, or liability to explosion render firefighting abnormally dangerous or difficult; also to materials and formulations which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials, and unstable chemicals, as defined in Section 20.2 of the American Insurance Association Fire Prevention Code.
(d)
Additional Requirements.
(1)
Fire Inspection Required. Where such materials are stored, an inspection by the Fire Chief of the County of Bladen is required prior to installation and at regular intervals thereafter as required by the NC Fire Code.
(2)
Safety and Evacuation Plan Required. Such plan shall be required to be on file with the Fire Chief.
(a)
Where Permitted. RA, R and C as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Any profession or occupation carried on entirely within a dwelling providing that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that no more than 25 percent of the total floor area is used for such purposes, and that there is no outside or window display. No mechanical equipment shall be installed or used other than is normally used for domestic or home occupation purposes.
(d)
Additional Conditions.
(1)
That such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;
(2)
That no more than twenty-five percent (25%) of the total floor area of the dwelling is used for such purposes;
(3)
That there is no outside or window display;
(4)
That no mechanical or electrical equipment is installed or used other than is normally used for domestic, professional, or hobby purposes, or for infrequent consultation or emergency treatment; and
(5)
That not more than one person not a resident of the dwelling is employed in connection with the home occupation.
(6)
Outside Storage. No outside storage or display of items associated with the home occupation is permitted.
(7)
Limits on Operation.
(a)
Where Permitted. Special Use in I District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Materials which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability, or liability to explosion render firefighting abnormally dangerous or difficult; also to materials and formulations which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials, and unstable chemicals, as defined in Section 20.2 of the American Insurance Association Fire Prevention Code.
(d)
Additional Requirements.
(1)
Fire Inspection Required. Where such materials are stored, an inspection by the Fire Chief of the County of Bladen is required prior to installation and at regular intervals thereafter as required by the NC Fire Code.
(2)
Safety and Evacuation Plan Required. Such plan shall be required to be on file with the Fire Chief.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Signage. Signage shall be limited to no more than ten percent of the building facade up to eight square feet and limited to two signs.
(2)
Appearance. Any ATM, whether a part of another facility or as a standalone use, shall be integrated as part of the development with similar building materials and design. Metal siding is not permitted.
(3)
Paved Access Required. All ATMs will have paved access.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Junkyard Control Act. Junkyards along interstate and primary highways shall meet the requirements of G.S. chapter 136, article 12, Junkyard Control Act.
(d)
Screening. Automobile graveyards, salvage yards, and similar types of used material industries must be conducted within a structure or on a lot enclosed by a solid fence at least six (6) feet in height, provided that the County Board finds that such yard will not have injurious effect on the public interest or welfare. The finished side of the fence shall face the property line.
(e)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Regulations.
(1)
Distance Requirements.
a.
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Regulations.
(1)
Distance Requirements.
a.
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Screening/Fencing/Gates.
a.
Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least six (6) feet high in addition to a minimum fifteen (15) foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years.
b.
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. As defined in Article 2 of this ordinance, a Class B is a manufactured home that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home. Class B units are typically referred to as single-wide mobile home units.
(d)
Additional Conditions.
(1)
Underpinning. The area beneath a Class B home must be fully enclosed with durable skirting within 90 days of placement on the lot. The home shall have a continuous and permanent skirting installed of brick, concrete masonry units or an approved corrosive-resistant, non-reflective skirt extending from the bottom of the manufactured home to the ground. Underpinning must be of material that is acceptable for exterior construction, durable and suitable for exterior exposures. Examples of approved building materials suitable for use as underpinning shall include the following. brick, masonry, natural or synthetic stone masonry, or vinyl. Assemblies, products and materials manufactured expressly for the purpose of underpinning shall be installed in accordance with the State of North Carolina Regulations for Manufactured Homes and the skirting manufacturer's specifications. Any wood framing used in the support of skirting must be approved pressure-treated wood. Underpinning shall be maintained in a good condition by the owner at all times. Failure to comply with the requirements of this subsection shall result in a violation and subject the owner to the enforcement procedures and penalties.
(a)
Where Permitted. Prohibited in all districts.
(b)
Defined. As defined in Article 2 of this ordinance, a Class C home is any manufactured home that does not meet the definition criteria of a Class A or Class B manufactured home.
(c)
Prohibited. Manufactured homes constructed prior to June 15, 1976 (the effective date of the National Manufactured Housing Construction and Safety Standards Act of 1974) shall not be permitted to be brought into and moved within the Bladen County Planning and Zoning Jurisdiction.
(a)
Where Permitted. RA, R, C, CON, and I as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions. Manufactured homes may be used for temporary purposes and uses provided that they meet the specific requirements outlined under temporary uses. These include:
(1)
Temporary Emergency, Construction, and Repair Residence.
(2)
Real Estate Sales Office and Model Sales Home.
(3)
Temporary Emergency, Construction, and Repair Residence.
(4)
Temporary Farmworker Housing.
(a)
Where Permitted. As a Special Use in the RA and C Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Conditions.
(1)
Location.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
No Manufactured Home Storage and or repair yard shall be located less than five hundred
d.
No Manufactured Home Storage and or repair yard shall be located less than five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening/Fencing/Gates.
a.
Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least six (6) feet high in addition to a minimum fifteen (15) foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years.
b.
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where Permitted. C as a Use with Conditions.
(b)
Authority. The County of Bladen has authority to regulate marinas and other related commercial uses above the mean high water mark along the shoreline of Bladen County for all lake front property. Any structure or use that extends beyond the mean high water mark, including, but not limited to, piers and boat ramps, are regulated by the State of North Carolina through the Department of Environmental Quality as outlined in Title 7, Chapter 13, Subchapter 13C—State Lakes Regulations of the North Carolina Administrative Code.
(c)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(d)
Definitions. As defined in Article 2 of this ordinance.
Abandoned Vessel. A vessel that has been relinquished, left, or given up by the lawful owner without the intention to later resume any right or interest in the vessel. The term "abandoned vessel" does not include a vessel that is left by an owner or agent of the owner with any person or business for the purpose of storage, maintenance, or repair and that is not subsequently reclaimed.
Boat (vessel). A watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, paddle, or other means, which is used to travel from place to place by water. A boat or vessel shall also include any machine designed or intended to travel over water by self-propulsion or while attached to any self-propelled vessel.
Boat Stall. Any structure adjoining or attached to a pier which has the capacity to store one boat.
Boat Ramp. Any permanent or temporary structure which is placed on the floor of a state lake for the purpose of allowing boats to enter or be removed from a state lake; Boat ramp shall not be interpreted to mean boat stall.
Dock or Pier. A platform extending from a shore over water and supported by piles or pillars, used to secure, protect, and provide access to boats, also a wharf or platform for the loading and/or unloading of materials and passengers.
Floating Home. A house built on a floating platform without a means of propulsion.
Junked vessel. An abandoned vessel that also.
(1)
Is partially dismantled or wrecked;
(2)
Cannot be self-propelled or moved in the manner in which it was originally intended to move;
(3)
Is more than five years old and worth less than $500.00; or
(4)
Does not have a current certificate of number or equivalent registration as required by the state under G.S. 75A-4.
Lake Front Property. Any property adjoining or abutting upon a state lake.
Major Repair. Any activity that could result in deposition of materials or pollution into the shoreline area waters.
Marina. A dock or basin providing secure moorings for pleasure boats and often offering supply, repair, and other facilities. Marinas shall incorporate the following.
(1)
Parking shall be provided in accordance with the requirements of this ordinance.
(2)
Separate male and female restroom facilities shall be provided for the exclusive use of the commercial marina patrons.
(3)
Properly screened and adequately sized solid waste disposal facilities shall be provided for the exclusive use of commercial marina patrons.
(4)
Potable Water Service.
(5)
Electricity.
(6)
Sewer pump out.
Mean High Water Mark. The highest point on the shore of any lake to which water reaches under normal circumstances;
Pollution. The presence in the waters of the County of any one or more substances or contaminants which are harmful or injurious to human health or welfare, marine, animal or plant life, or property.
State Lake. The term state lake or state lakes, unless specifically limited shall be deemed to include all property up to the mean high water mark, whether covered by water or not, in Bladen County, including Singletary Lake, Bay Tree Lake, Jones Lake, Salters Lake, Lake Waccamaw, and Lake Phelps.
(e)
Activities and Possible Uses. Activities and possible uses on the marina property shall be limited to wet boat storage, dry stack boat storage, boat service and repairs, boat accessory sales, marine stores, coffee shop, boat trailer parking areas, automobile parking areas, launching ramps, piers, and boat petroleum service areas subject to the following requirements.
(1)
Approval, as required, by all applicable regulating agencies of the State of North Carolina.
(2)
If dry stack boat storage is approved, as applicable, by the State regulating agency, buildings are located as part of the marina, it shall be located no closer than thirty (30) feet from any property line unless such property line abuts the water. The maximum height shall be 20 feet. Also, a buffer shall be required between the building and any adjacent property lines in accordance with these regulations.
(3)
Approved pump out facilities are required.
(f)
General Regulations.
(1)
No junk or abandoned vessels shall be allowed within the shoreline area; notice and seizure of abandoned and/or junk vessels. It shall be the responsibility of the marina owner to take legal actions to remove the vessel.
(2)
Repairing, fitting out, etc., of vessels. Routine maintenance and minor repairs necessary for the preservation of the vessel may be performed within the shoreline area. Major repairs shall not be performed on any vessel within the shoreline area unless permitted by the County. Routine maintenance and minor repairs are considered to be those which.
a.
Do not disturb the public peace and tranquility of any person aboard any boat under the jurisdiction of the County.
b.
Do not contribute to a disorderly or unsightly appearance during the process of repair or maintenance.
c.
Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel.
d.
Are confined to the vessel.
(3)
Marine debris/waste. The disposal of treated or untreated boat sewage wastes or the introduction of pollution by any means into the waters of the lake is prohibited. The discharge of any waste, garbage, refuse, petroleum product or byproduct, paint, varnish, dead animals, fish, bait, or any other debris is prohibited.
(4)
Living aboard a boat. Living aboard a boat, including, but not limited to, floating homes, is prohibited.
(g)
Street Access. The marina shall have access to a collector or higher classified street.
(h)
Use Separation. There shall be a minimum 50 feet distance between any buildings, structures, or outdoor use areas associated with the marina and any adjacent residentially used or zoned lot.
(i)
Dust. Any unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(j)
Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.
(k)
Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Article 10, Part III.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Storage buildings in the Mini-Warehouse/Storage Facility may not cover more than 50 percent of the lot.
(2)
Maximum height of units is twenty (20) feet.
(a)
Where Permitted. Special Use in the C and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Conditions.
(1)
Additional Site Plan Requirements.
a.
The names and addresses of property owner(s) or developer(s) and the designer or Registered Surveyor or Professional Engineer, if the plans are drawn other than by the property owner, operator or developer.
b.
Date, scale and approximate North allow.
c.
Boundaries of the tract, parcel, plot or lot shown with bearing and distances.
d.
Boundaries of the area requesting to be permitted, if different from 3. above.
e.
Buffers, ingress and egress, surrounding land usage and any other specific information pertinent to the parcel, plot or lot.
f.
A vicinity map showing the location of the parcel, plot or lot.
g.
The names for each adjoining property owner, shown on the parcel, plot or lot they own.
h.
Land contours with vertical intervals of not less than ten (10) feet. U.S.G.S. 7.5 Minute Topographical Quadrangle Maps are acceptable.
i.
When an expansion is being requested, the size and location of any existing area that is being operated as a mine or mining operation.
j.
A letter or other certification of approval must be submitted from the North Carolina Department of Transportation, as to the safety and design of the access or entrance on to a State maintained street or road from the mine.
k.
In place of 1-9 above, the applicant may submit a completed application as required by the State of North Carolina for a Mining Permit.
(2)
Access. Access to a mine or mining operation must be from a road or street that is a State maintained road or a private road with a right-of-way width of not less than thirty (30) feet and a cleared or drivable area of not less than twenty (20) feet. Any ingress or egress that does not abut one of the above roads, entrance etc. must also have a right-of-way width of not less than thirty (30) feet and a cleared and drivable area that is adequately maintained at all times for vehicular travel and that is at least twenty (20) feet in width.
(3)
Screening and Buffering. An area of land, which shall not be less than fifty (50) feet in width (unless a lesser width is approved by the Planning Board) shall be provided along all boundaries of the affected land. This buffer area must be left at all times in a natural vegetative state or planted with trees, shrubs or plants that create a visual screen. Trees and plants must be native to the area and trees shall not be less than six (6) feet in height within six (6) years. If an earthen berm or berms are to be used within the buffer for visual screening they shall be planted with vegetation and shall not be less than six (6) feet in height at the crown and with slopes sufficient to minimize erosion.
(4)
Use Separation.
a.
The edges of any pit where a mining operation is taking place and any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial uses operated in conjunction with the mine or quarry shall be located at least 300 feet from any property line.
b.
Where the mining operation is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such operation.
(5)
Hours of Operation. All operations involving blasting discernible beyond the external property line on a quarry shall only be conducted between the hours of 7.00 a.m. and 6.00 p.m.
(6)
Mining Permit. A valid state-issued mining permit must be obtained.
(7)
Additional Considerations.
a.
In the case of denial because all the requirements of this section were not met, the Application may be resubmitted when all requirements have been met, with no additional fee required, provided the plan is resubmitted within one hundred eighty (180) days of the notice of rejection or denial.
b.
Following approval by the Bladen County Planning Board, the Zoning Officer is authorized to issue a Special Use Permit. No site disturbing activities are allowed until a Mining Permit has been issued by the State of North Carolina.
c.
If the proper permit has not been or is not obtained from all appropriate Departments of the State of North Carolina and/or compliance with all terms of approval by the Bladen County Planning Board have not been completed within one year (365 days) from the date of approval of the application by the Bladen County Planning Board, the approval of the application and Special Use Permit shall be null and void and a new application must be submitted.
(a)
Where. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(5)
Evidence of effort to secure a valid license from the Nursing Home Licensure and Certification Section of the NC Department of Health and Human Services shall be submitted with the application.
(a)
Where. RA and C as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Certain Sales Prohibited. There shall be no sales of fuel and related products, tobacco products, alcoholic beverages, vehicles or related products. Food franchises are prohibited.
(2)
Parking. Open air market uses shall be required to have off-street parking with adequate ingress and egress with an area for turn-around. A minimum of one parking space per 200 square feet of selling and display area shall be provided, with a minimum of two (2) spaces provided. For the purpose of calculating the required number of parking spaces, production facilities, garden plots, planting beds and outdoor storage area opened to the public are excluded. Overflow parking shall, at a minimum, be grass covered.
(3)
Setbacks. There shall be a 20-foot setback between the street right-of-way line and the front of the sales area, excluding production facilities, garden plots, planting beds and outdoor storage areas open to the public. No parking is allowed within the front yard setback or within 20 feet of the edge of roadway, whichever distance is less. Setbacks from side property lines shall be 20 feet. There shall be a rear setback of 40 feet from rear property lines.
(4)
Signs. Seasonal signs are allowed, but cannot be placed anywhere it would create a traffic hazard. All other County signage regulations may apply. No rotating or flashing lights on advertising signage shall be permitted.
(5)
Lighting. No outdoor lighting shall produce glare beyond the boundary of the property.
(6)
Water Service. Potable water is required on-site.
(7)
Items for sale shall be removed from the site or placed in a secured building at the end of each business day.
(8)
Public Restrooms. Adequate restroom facilities shall be provided. These facilities shall be located a minimum of 50 feet from the street right-of-way and shall meet the side and rear setbacks for the district in which the outdoor market is located.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Nonconforming Uses. All nonconforming outdoor display existing on the effective date of this Ordinance, which does not conform to the requirements of this article, shall be removed and/or brought into compliance within twelve (12) months from the effective date of this Ordinance.
(2)
Location.
a.
Outside Primary Structure. Outside sales must be clearly secondary to the primary use of the associated permanent structure and shall generally be located to the side or rear of the principal structure. Display of merchandise for sale outdoors in the front yard shall not exceed a maximum of 12 feet from the front face of the building.
b.
Displays on public sidewalks. Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). Such sales may also be subject to other County ordinances.
(3)
Restaurants with Outside Seating/Sales. Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards.
a.
The outdoor seating area shall be located no closer than 100 feet from any residential zoning district
b.
The outdoor portions of the restaurant shall not operate after 11.00 p.m.
c.
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(a)
Where Permitted. RA, C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Buffer. In the interest of safety to children and adjacent property owners, any approved outdoor storage shall maintain a buffer that conceals the storage from public view. The buffer shall be compact evergreen hedge or other type of evergreen foliage screening which shall reach the height of at least eight (8) feet within three years, or shall be a combined fence and shrubbery screen. The buffer shall be maintained at a minimum of eight (8) feet in height and at least fifteen (15) feet in width thereafter. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view. Fences shall be at least 6 feet, but no greater than 12 feet, must be opaque, and made of materials that are normally accepted in the fencing industry.
(2)
Nonconforming Uses. All nonconforming outdoor storage existing on the effective date of this Ordinance, which does not conform to the requirements of this article, shall be removed and/or brought into compliance within twelve (12) months from the effective date of this Ordinance.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. See Off-Premises Advertising Signs in Article 10, Part 2, Signs.
(a)
Where Permitted. RA, R, C, CON and I District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location.
a.
No accessory structure or building except utility substations shall be erected in any easements.
b.
Must be located 500 feet from a legal conforming residential use.
(2)
Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.
(3)
Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.
(4)
Screening. Any outdoor storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).
(5)
Dust. All unpaved outdoor use areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(a)
Where Permitted. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Setback. Transmission towers shall be setback a minimum distance that equals half the towers height.
(a)
Where Permitted. Special Use in R District; Use with Condition in the RA and CON Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required for "R" District. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Requirements.
(1)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(a)
Where Permitted. RA and R Districts as a Use with conditions.
(b)
Requirements.
(1)
Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(2)
Shall at a minimum meet the requirements for subdivision development set out in The Bladen County Subdivision Regulations for the district in which the development is located.
Cross reference— See Subdivision Regulations
(a)
Where Permitted. RA, R, C, CON, and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Installation. All satellite dishes shall be installed in compliance with FCC regulations.
(2)
Size. Residential satellite dishes shall not exceed 24 inches in diameter and nonresidential satellite dishes shall not exceed 36 inches by 22 inches (oval). 7.9.3. If possible, satellite dishes shall not be located in a front yard and shall be hidden from view of the public right-of-way.
(3)
Location.
a.
All supporting cables and anchors shall be contained on the property.
b.
In residential districts, satellite dish antennas shall not be located or placed within any street right-of-way building setback or side building setback.
(a)
Where Permitted. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development of a Solar Facility outlined in ARTICLE 13 of this ORDINANCE.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location. All outdoor storage, collection loading and processing areas must be located a minimum distance of 50 feet from any residentially zoned property.
(2)
Environmental Hazards. All establishments shall be located so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans.
(3)
Street Access. Principal access must be from a collector or higher capacity street.
(4)
Collection Bins. The collection bin shall be located in or adjacent to an off-street parking area, and shall not occupy more than five percent of the total on-site parking spaces. The mobility of the collection bin shall be retained.
(5)
Appearance. The bin and adjacent area shall be maintained in good appearance and free from trash.
(6)
Hazardous and Biodegradable Wastes. There shall be no collection or storage of hazardous or biodegradable wastes on the site.
(a)
Where Permitted. All Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses do not negatively affect adjacent land, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.
(d)
Permitted Temporary Uses and Structures. The following table summarizes the uses and structures that are allowed by the County of Bladen on a temporary basis. If a use or structure is not listed in the table below then the use or structure is not allowed by this Ordinance. Refer to Section 11.104(h) for further information on specific uses and structures.
Table 11-2
Temporary Structures and Uses
(e)
Prohibited Temporary Uses. Without limiting the standards of this Ordinance, the following activities are prohibited in all districts.
(1)
Retail or Display of Goods, Products, or Services in Public Right-of-Way. Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or City-recognized event.
(2)
Retail Sales or Display of Goods From Vehicles. Except as part of a permitted seasonal sale, retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.
(f)
Temporary Use Permits. All temporary uses and structures required to obtain a Temporary Use Permit.
(g)
General Standards for Temporary Uses and Structures. All temporary uses, structures, or special events shall comply with the following general standards, unless otherwise specified in this Ordinance.
(1)
Obtain the appropriate permit from the County (if required);
(2)
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(3)
Be compatible with the principal uses taking place on the site;
(4)
Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
(5)
Not include permanent alterations to the site;
(6)
Meet all the setbacks of the underlying base and overlay zoning districts;
(7)
Comply with the maximum signage size for temporary signs;
(8)
Not maintain temporary signs associated with the use or structure after the activity ends;
(9)
Not violate the applicable conditions of approval that apply to a site or use on the site;
(10)
Not interfere with the normal operations of any permanent use located on the property; and
(11)
Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
(h)
Specific Regulations for Certain Temporary Uses and Structures.
(1)
Expansion or Replacement of Existing Facilities.
a.
Where. All Districts as a Use with Conditions.
b.
Purpose. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and designed for relocation to other sites, may be placed on land to serve as the following:
1.
Expansion space for existing religious institutions, health care facilities, and government offices, provided plans for the permanent expansion of the existing facilities have been submitted to and been approved by the County.
2.
Temporary classroom space to augment an existing public educational facility.
3.
Temporary quarters for recreational facilities that are being provided in conjunction with a new residential development, provided the City has approved a Site Plan or Subdivision Plan for the development.
4.
Temporary quarters for other nonresidential uses when the permanent building has been destroyed by a fire or other physical catastrophe, provided a Building Permit for the permanent facility is obtained within four months after approval of the temporary quarters. Failure to obtain a Building Permit within the time frame allowed will revoke approval for the temporary quarters.
5.
One temporary office per site to include but not be limited to, the following uses. hiring, membership solicitation, multi-family development office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this section. Such modular buildings shall not be placed on the property prior to the issuance of a Building Permit.
6.
A temporary residence used for housing occupants of an on-site existing principal dwelling unit subject to casualty damage.
c.
Standards. In addition to meeting the General Standards for All Temporary Uses and Structures, all temporary structures approved in accordance with this section shall meet the following standards.
1.
The structure shall be placed to avoid obstructing emergency access and pedestrian and vehicular circulation; disturbing or damaging required landscaping or buffer areas being retained, including heritage or specimen trees being retained; or impacting future open space or areas to be landscaped.
2.
The temporary structure shall be factory-fabricated and transportable.
3.
Adequate off-street parking shall be provided for the temporary use.
4.
All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained prior to installation of the temporary structure.
5.
The temporary structure shall be compatible with the existing buildings on the site in terms of exterior color, design, and placement, to the maximum extent practicable.
d.
Duration.
1.
Temporary structures under this subsection may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request for such extension, submitted to the Zoning Officer, 30 days prior to the expiration of the temporary use permit. Except for temporary classrooms, in no event, shall the extension allow the temporary structure to remain on the site for more than three years. Temporary structures shall be removed within ten days of the issuance of a Certificate of Occupancy for the permanent structure.
2.
Temporary classrooms for use as part of an existing public educational facility may be allowed to remain on the site for longer than three years.
(2)
New Real Estate Sales Office and Model Sales Home.
a.
Where. RA and R as a Use with Conditions.
b.
General Standards. One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development, provided that.
1.
The use is located on a lot approved by the County as part of a development.
2.
Signage complies with the standards.
3.
The temporary use is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.
4.
The temporary use complies with the minimum yard and setback standards of the zoning district in which it is located.
5.
Off-street parking provided for the temporary use complies with the standards.
6.
Upon termination of the temporary real estate sales office or model sales home, the structure shall be converted into, or removed and replaced with, a permanent use.
7.
In approving or renewing approval of a real estate sales office, the Zoning Officer may impose other conditions as is deemed necessary to avoid adverse impacts that the use as a sales office may have on adjacent properties or the community as a whole.
8.
All temporary trailers shall be removed from the site prior to the issuance of the last Certificate of Occupancy for the site.
c.
Duration.
1.
Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, for good cause shown, upon approval of a written request for such an extension, submitted to the Zoning Officer, 30 days prior to the expiration of the permit. In no event shall the extension allow the temporary structure to remain on the site for more than three years.
2.
Model sales homes may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension submitted to the Zoning Officer, 30 days prior to the expiration of the permit. There is no time limit on the use of model sales units for rental housing.
(3)
New Temporary Construction-Related or Project Offices/Activities.
a.
Where. All Districts as a Use with Conditions.
b.
General. Temporary construction-related activities including construction offices, storage buildings, outdoor storage, and employee parking areas, may occur in all zones subject to the issuance of a Temporary Use Permit.
c.
Duration. Temporary Use Permits for construction-related activities may be approved for a period of up to one year. This period may be extended in six-month periods, for good cause shown, upon approval of a written request for such an extension, submitted to the Zoning Officer, 30 days prior to the expiration of the permit. Such extension may include additional or revised conditions. In no event shall the extension allow the temporary use to remain on the site for more than two years. All such uses shall be removed and the site restored to its previous condition within 30 days after issuance of a final Certificate of Occupancy or Certificate of Completion.
(4)
Temporary Storage in a Portable Shipping Container. Except for containers actively being used for construction purposes associated with a building permit, temporary storage in a portable shipping container shall be permitted subject to the following.
a.
Where. All Districts as a Use with Conditions.
b.
Size. Storage containers may not exceed 160 square feet in size or be taller than eight feet.
c.
Location. Containers shall be located within a driveway, parking, or loading area. In cases where the driveway, parking, or loading area extends behind the front or corner side façade of a building, the container shall be placed behind the front or corner side façade. In cases where improved driveways, parking, or loading areas are not present, containers shall be located so as to minimize their visibility from streets or adjacent residential areas.
d.
Duration. Containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per occurrence. This time period may be extended for a maximum period of 30 days by the Zoning Officer for good cause shown. Storage containers may be placed on a residential site a maximum of two occurrences per year.
(5)
Temporary Emergency, Construction, and Repair Residence.
a.
Where Permitted. All Districts as a Use with Conditions.
b.
Dimensional Requirements. A Temporary Emergency, Construction/Repair Residence shall comply with the dimensional requirements for an accessory structure.
c.
Duration. A permit for Temporary Emergency, Construction/Repair Residence to be occupied pending the construction, repair, or renovation of a permanent single-family dwelling on a site or a nonresidential/commercial development shall expire within 6 months after the date of the issuance, except that the Zoning Officer may renew such permit if itis determined that.
1.
Substantial construction, repair work, renovation or restoration work has been done; and
2.
Such renewal is reasonably necessary to complete the necessary work to make such residence habitable.
d.
A Class A manufactured home may be used as a temporary residence.
(6)
Granny Pods/Temporary Health Care Structures.
a.
Where. RA and R as a Use with Conditions.
b.
Purpose. Granny pods, also called temporary health care structures, are permitted under the authority of NC General Statutes Section 160A-383.5. Granny pods shall be permitted as an accessory use subject to the following standards.
1.
Structures must be transportable residential units assembled off-site and built to the standards of the State Building Code. It must be no more than 300 gross square feet and must not be placed on a permanent foundation.
2.
The accessory structure must comply with all setbacks and any maximum floor area ratio limits that apply to the primary residential structure. The structure shall be connected to any public water, sewer, and electric utilities serving the property or water and/or sewer systems approved by the County of Bladen or Bladen County, as applicable.
3.
Only one accessory temporary family care structure is allowed per lot.
4.
No signage regarding the presence of the structure is allowed.
5.
The structure must be removed within sixty (60) days after care-giving on the site ceases.
6.
A zoning permit is required to be obtained prior to installation. Evidence of compliance may be required as part of the permitting and annual permit renewal, including an annual renewal of the doctor's certification of impairment. The County may make periodic inspections at times convenient to the caregiver to assure on-going compliance.
7.
The caregiver must be at least 18 years old and must be a first or second degree relative of the impaired person (a spouse, parent, grandparent, child, grandchild, aunt, uncle, nephew, or niece). A legal guardian of the impaired person also qualifies.
8.
Granny pods shall only be permitted for single-family residentially used property.
(7)
Temporary Farm Worker Housing.
a.
Where. RA and R as a Use with Conditions.
b.
Building Area. Rooms or compartments for sleeping shall contain not less than 39 square feet of floor space for each person.
c.
Duration. 120 from issuance of permit.
d.
Health and Safety.
1.
Not more than ten (10) people shall be housed in any one room or compartment for sleeping purposes.
2.
Separate toilet and shower facilities shall be provided for male and female workers. A minimum of one (1) toilet and one (1) shower shall be provided for each ten (10) workers.
3.
A laundry room shall be required with one (1) wash sink of at least ten (10) gallon capacity for each ten (10) workers. Adequate clothes drying lines shall be provided.
4.
Dining and food service facilities shall be provided and shall contain at least twelve square feet of floor space per worker and shall be approved by the Bladen County Health Department.
5.
All water, sewer, and sanitary facilities shall be approved by the County of Bladen or the Bladen County Health Department, as applicable.
6.
All garbage and refuse shall be stored in water-tight and fly-tight receptacles and it shall be the responsibility of the owner of the property to ensure that all garbage and refuse is regularly disposed of in a sanitary manner acceptable to the Bladen County Health Department.
(8)
Garage, Yard, Auction and Estate Sales.
a.
Where. RA, R, and C as a Use with Conditions.
b.
Permit Required. No person shall conduct any garage, yard, auction or estate sale without first obtaining a Temporary Use permit from the County.
c.
Signs. Two (2) off-site directional signs may be permitted for each sale, but only during the hours the sale is actively being conducted. Off-site signs must be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day of the sale. No freestanding signs may be placed in the public right-of-way.
d.
Number limited. Not more than two such sales per year shall be held at the premises if occupied by the same family or any member of such family. No single sale shall be conducted for longer than two consecutive weekends, or more than seventy-two hours in a single week.
e.
Hours. Sales may be conducted during daylight hours only.
f.
Unowned premises. No sale shall be permitted on premises not owned or controlled by the person holding the sale. Any violation of this requirement shall be referred to the Zoning Officer for investigation of possible violation of the zoning ordinance, and to the tax collector for investigation of possible violation of the business license taxation ordinance.
g.
Streets and Sidewalks. No person shall obstruct entirely or in part any sidewalk or street in the County by selling or offering for sale at auction or otherwise any goods, wares or merchandise.
(9)
Outdoor Seasonal Sales.
a.
Applicability. Merchants may display and/or sell goods in the County on a temporary basis without establishing a permanent place of business, subject to the standards of this section.
b.
Where. C District as a Use with Conditions.
c.
Standards. A temporary use for the display and/or sale of products shall comply with the following standards.
1.
The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.
2.
The display or sale of goods, products, and/or services shall not occur in the public right-of-way or within 200 feet of an existing residential use.
3.
The display or sale of products, goods and/or services shall be limited in scope to similar or complementary products, goods, and/or services to those offered by the existing principal use located on the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
4.
Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property.
5.
Off-street parking shall be adequate to accommodate the proposed sale of products.
6.
The temporary display or sale of products shall not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.
7.
The hours of operation of the temporary sale of products shall be from no earlier than 7.00 a.m. to no later than 8.00 p.m., or the same as the hours of operation of the principal use.
d.
Duration; Sales per Year.
1.
The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 30 total days per calendar year.
2.
The number of temporary sales of products per site per calendar year shall not exceed three.
(10)
Special Events.
a.
Applicability. The procedures and standards outlined in this section shall apply to all special events (including, but not limited to, cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping) held on private property within the County, unless exempted in accordance with Section 11.4.72(f)(10)d below.
b.
Where Permitted. R-A and C Districts as a Use with Conditions.
c.
Temporary Use Permit Required. All special events subject to this subsection shall have a Temporary Use Permit for a special event reviewed and approved or approved by the Zoning Officer before conducting the special event.
d.
Exemptions. The following events or activities are exempt from the standards and procedures outlined here (i.e., may occur without a Temporary Use Permit for a special event). Such activities may be subject to all other applicable procedures and standards of this Ordinance.
1.
On Grounds of Private Residence. Special events or activities occurring within, or on the grounds of, a private residence or on the common areas of a single-family attached, two- to four-family, or multi-family residential development.
2.
Event Sponsored by County, County or State. Any event sponsored in whole or in part by the County, the County, or the State.
3.
Event or Activity at Site Intended for Such Event or Activity. Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at reception halls, or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at religious institutions.
e.
Conditions. In approving the Temporary Use Permit for the special event, the Zoning Officer is authorized to impose such conditions upon the premises as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The Zoning Officer is authorized, where appropriate, to require.
1.
Provision of temporary parking facilities, including vehicular access and egress.
2.
Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
3.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
4.
Provision of sanitary and medical facilities.
5.
Provision of solid waste collection and disposal.
6.
Provision of security and safety measures.
7.
Use of an alternative location or date for the proposed special event.
8.
Modification or elimination of certain proposed activities.
9.
Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection.
10.
Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
f.
Duration. A Temporary Use Permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the Zoning Officer.
(a)
Where Permitted. Special Use in RA, C, CON and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development of a Wireless Communication Facility outlined in Article 14 of this Ordinance.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. Special Use in RA, R, C, CON and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development as outlined in for the district in which it is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
DEVELOPMENT REGULATIONS FOR SPECIFIC USES
Some uses that may normally not be acceptable in certain zoning districts may be acceptable if they meet conditions of development that are in addition to the normal development standards. Those uses permitted with prescribed conditions are listed below with the additional development requirements that must be met in addition to the zoning district requirements where the proposed use is located.
All applicants for a use permitted with prescribed conditions must file an application for a Zoning Permit with the Zoning Officer. The Zoning Officer shall review, and then approve or deny all applications.
11.3.1.
A site plan must always be submitted with the application showing at least the following drawn to an engineering scale.
(a)
The shape and dimensions of the lot on which the proposed building(s) is to be erected;
(b)
The location of said lot with respect to adjacent rights-of-way;
(c)
The shape, dimensions, and location of all buildings, existing and proposed, and required setbacks;
(d)
The nature of the proposed use of the building or land, including the extent and location of the use;
(e)
The location and dimensions of off-street parking and loading space and means of ingress and egress;
(f)
The square feet and percentage of lot as built upon area if the lot is located in a Watershed;
(g)
The location and type of all required buffers;
(h)
Required Driveway Permits from the Department of Transportation;
(i)
A Sedimentation and Erosion Control Plan (if applicable) as submitted to the Land Quality Section, Department of Environment and Natural Resources; and
(j)
Any other information, which the Planning Staff may deem necessary for consideration in enforcing all provisions of this Ordinance.
11.3.2.
The site plan shall indicate the location and dimensions of outdoor activity areas including outdoor storage, location and type of outdoor lighting, and areas of environmental concern such as flood plains, surface water, and drainage ways. Prior to approval of the site plan, the Zoning Officer may consult with other qualified personnel for assistance to determine if the application meets the requirements of this Ordinance. Individual applications may require more information, as given in this Section or elsewhere in this Ordinance. In addition, the Zoning Officer may require other information, as he/she deems necessary in order to determine if the proposal meets all requirements and will not endanger persons or property.
11.4.1.
The dimensional requirements shown in Table 11-1 and the regulations in Sections 11.4.2 through 11.4.1. below shall apply to Uses with Conditions in the Residential Agriculture, Residential and Conservation Districts. Should requirements contained in Sections 11.6 through 11.110 for the proposed use be different from these, the regulations in Sections 11.6 through 11.110 shall govern. This shall also apply to accessory structures and uses.
Table 11-1
Requirements for All Uses with Conditions in the RA, R, and CON Districts
*Minimum lot size for conservation is 80,000 square feet.
11.4.2.
Screening and Buffering. If the applicant chooses to locate any structure allowed as a use with prescribed conditions within 30 feet to 100 feet of the adjacent property line of an existing residential occupied property, he/she must provide screening and buffering in accordance with Article 10, Part III.
11.4.3.
Lighting. Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only. See Article 10, Part IV.
11.4.4.
Outdoor Storage. Outdoor storage must meet the requirements of this Ordinance.
11.4.5.
Access. Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
11.4.6.
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
11.4.7.
Commercial Building Code. If applicant desires to construct a business on his/her property or convert part of their dwelling to a business, the commercial building code for rehabilitation will apply.
11.4.8.
Family owned and operated. If applicant desires to construct a business on his/her property and live on the site, or convert part of their dwelling to a business it shall be family owned and operated.
11.4.9.
Home Occupations. Home occupations may not occupy more than 25% of the home and shall not change the character of the dwelling or its surroundings.
11.4.10.
Parking and Loading. See Article 10, Part I.
11.4.11.
Signage. See Article 10, Part II.
11.5.1.
The regulations in Sections 11.5.2 through 11.5.8. below shall apply to Uses with Conditions in the Commercial and Industrial Districts. Should requirements contained in Sections 11.6 through 11.110 for the proposed use be different from these, the regulations in Sections 11.6 through 11.110 shall govern. This shall also apply to accessory structures and uses.
11.5.2.
Dimensional Requirements for Uses with Conditions proposed in the Commercial and Industrial Districts shall be the same as those of the zoning district requirements.
11.5.3.
Residential Use (Dwellings) permitted under the following conditions.
(a)
Shall be a secondary use to the commercial or industrial use.
(b)
Shall provide housing for those employed at the business.
(c)
May be part of a mixed-use development with commercial use on first floor and residential on second floor.
11.5.4.
Lighting. Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only. See Article 10, Part IV.
11.5.5.
Outdoor Display and Storage. Outdoor storage display must meet the requirements of this Ordinance.
11.5.6.
Access. Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
11.5.7.
Parking and Loading. See Article 10, Part I.
11.5.8.
Signage. See Article 10, Part II.
(a)
Where. Residential Agriculture, Residential, Commercial, Conservation, and Industrial Districts
(b)
Definition. Accessory Use, Accessory Structure. A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. Some examples of accessory structures and uses include, but are not limited to, free standing carports, detached garages, storage buildings and detached mother-in-law suites or granny pods. Manufactured homes, tractor-trailers or containers are not considered accessory uses or structures. Accessory structures with any side dimension greater than 12 feet require a Building Permit from the Bladen County Building Inspections Department and must meet the technical provisions of the current North Carolina Residential Code.
(c)
Accessory buildings shall not be used for commercial purposes unless properly permitted.
(d)
Location.
(1)
In all residential zoning districts, accessory structures and uses may be placed in back of or on the side of the principal structure on the lot but must meet the setback requirements for the zoning district.
(2)
No accessory structure or building except utility substations shall be erected in any easement.
(3)
On any lot in residential zoning districts, all accessory structures and uses shall be at least five (5) feet from any other building on the same lot, and at least twelve (12) feet from any buildings used for human habitation on adjoining lots. No accessory structure or use except utility substations shall be erected in any easement.
(e)
Setbacks. All parts of the building, including the footings and posts that support a shed style roof, shall comply with the side and rear line setback requirements of the district in which the accessory building is to be located. In the case of a corner lot, where the rear or side line abuts another streets or alleyway, the street-side setback must be equal to or greater than the front yard minimum setback for the district.
(f)
Height Restrictions. The height of all accessory structures and buildings shall conform to the height limitations of the zoning district in which it is located.
(g)
Lot Coverage. Accessory structures to a residential use shall not have a ground floor area which exceeds 50 percent of the ground floor area of the principal building.
(h)
Expansion of Nonconforming Use Not Permitted. If a property is nonconforming under the zoning ordinance, then the addition of an accessory use or structure must not violate and restriction concerning the expansion or change involving the nonconforming features of the site.
(i)
Limitation on Number of Accessory Buildings. In all residential zones there shall be no more than two (2) detached accessory structures per lot. The architectural design of the building shall be similar to that of the principal dwelling. No accessory building that involves or requires any construction features which are commercial or industrial in nature or character shall be permitted.
(a)
Where. Special Use in the C District.
(b)
Defined. As included in Section 2.6 of this Ordinance, an Adult Establishment/Sexually-Oriented Business means any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. 14-202.10. This includes, but it not limited to, adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult live entertainments, or massage businesses.
State Law reference— G.S. 160D-902
(c)
Requirements/Conditions. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(d)
Additional Requirements/Conditions.
(1)
Use Separation.
a.
No adult bookstore, adult theater or adult massage parlor shall be located within 1,000 feet of any other adult bookstore, adult theater, or adult massage parlor. Measurements shall be taken from the exterior walls of the building(s) containing such regulated use and the adjacent building uses.
b.
No establishment shall be located within 1,000 feet of any residential use or any church, school, or other such facility. Measurements shall be taken from the exterior walls of the building(s) containing such regulated use and the adjacent building uses.
c.
No sexually oriented business may remain open at any time between the hours of 11.00 p.m. and 8.00) a.m. on weekdays and Saturdays, or during the period from 11.00 p.m. Saturday until 8.00 a.m. Monday.
(2)
Screening and Buffering. See Article 10, Part III.
(3)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. Special Use in RA, C, and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. An airstrip is an accessory use and must also follow the provisions of Section 11.6.
(d)
Additional Requirements/Conditions.
(1)
Airport Size and Layout. shall conform to current FAA design standards.
(2)
Overlay District Applies. All standards for the AO (Airport Overlay) also apply.
(3)
Use Separation. There shall be a minimum of three hundred (300) feet between any runway or taxiway and to the nearest property used or zoned for residential purposes, except that a residence may be located on the property of a small private airfield.
(4)
Screening and Buffering. See Article 10, Part III.
(5)
Additional Site Plan Requirements.
a.
Scaled drawings of location and size of landing strips and the location of landing lights.
b.
Map of all property within 500 feet of proposed airfield or airstrip property line and within 1,500 feet of each end of the runway, including names and addresses of property owners and type of land use for each property, as given in the tax listings.
c.
A map depicting the location, type, and height of any structure, including towers, over two hundred (200) feet in height and within a five (5) mile radius.
d.
A copy of the current FAA design, approach, and airspace obstruction standards. Documentation showing FAA permits and design approval.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located
(c)
Additional Conditions.
(1)
Minimum setback from any street right-of-way to buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be the same as the setbacks for the principal structures within said district.
(2)
No buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be located less than fifty (50) feet from any property used or zoned for residential purposes.
(3)
Minimum setback from any other property line shall be the same as the setbacks for the principal structures within said district.
(4)
Noise. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation.
(5)
Exterior Enclosures. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. All exterior enclosures must be surrounded by an eight (8) foot high solid continuous wall and door(s).
(6)
Sanitation. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Minimum setback from any street right-of-way to buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be the same as the setbacks for the principal structures within said district.
(2)
No buildings or other such structures associated with the operation, including outdoor pens and runs, but not including accessory storage buildings shall be located less than fifty (50) feet from any property used or zoned for residential purposes.
(3)
Minimum setback from any other property line shall be the same as the setbacks for the principal structures within said district.
(4)
Noise. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation.
(5)
Exterior Enclosures. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. All exterior enclosures must be surrounded by an eight (8) foot high solid continuous wall and door(s).
(6)
Sanitation. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located
(c)
Additional Conditions.
(1)
Street Access. The lot shall have direct access to an arterial or collector street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(a)
Where Permitted. RA, R and I Districts as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access. All athletic fields shall have vehicular access to a collector or higher capacity street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(3)
Lighting. Lighting of fields shall be positioned as to limit impact on neighboring residential properties.
(4)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(a)
Where Permitted. CON District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access. All athletic fields shall have vehicular access to a collector or higher capacity street. Vehicles may not exit the site by backing into the road, highway, or street.
(2)
Buffering. A buffer shall be installed along the property line adjacent to residentially zoned or used property as required in Article 10, Part III.
(3)
Lighting. Lighting of fields shall be positioned as to limit impact on neighboring residential properties.
(4)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(5)
Commercial Gain. There shall be no commercial gain from the offer of use of these facilities.
(a)
Where Permitted. Special Use in the RA and C Districts.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements/Conditions.
(1)
Dimensional Requirements.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
All junk, salvage, or wrecking yard shall be located at least five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening and Buffering. Open storage of wrecked vehicles is not permitted. See Article 10, Part III.
(3)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. Special Use in the RA and C Districts.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements/Conditions.
(1)
Dimensional Requirements.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
All junk, salvage, or wrecking yard shall be located at least five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening and Buffering. Open storage of wrecked vehicles is not permitted See Article 10, Part III.
(3)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Use Separation. No such facility shall locate within 400 feet of another bed and breakfast located within a RA zoning district.
(2)
Operation.
a.
An owner/manager of a bed and breakfast home shall reside on the property.
b.
The use shall be located in a structure which was originally constructed as a dwelling.
c.
Activities and functions at the bed and breakfast home are to be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment. Rooms shall not be equipped with cooking facilities.
(3)
Parking. Parking shall not be permitted in the front yard and shall be screened from adjacent uses by an approved buffer.
(4)
Submittals with Zoning Permit Application.
a.
A floor plan of the building, including each lodging unit or dwelling unit shall be submitted indicating ingress and egress from each unit. Each lodging or dwelling unit shall have direct access to a hall or exterior door. If structural alterations to an existing structure are required, a complete description of the nature and extent of the alterations and new construction shall be submitted with the application.
b.
A statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed use shall be submitted with the application.
c.
A statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures shall be submitted with the application.
d.
Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Chief and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(5)
Outdoor Events. Outdoor events (e.g., weddings, receptions, parties) or similar activities conducted for compensation shall be permitted only if there is sufficient overflow parking available on site.
(6)
Review by Fire Inspector. Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Inspector and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(a)
Where Permitted. C as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Setbacks. Boats and other vessels located on a sales lot shall be set back a minimum of 20 feet from street rights-of-way and property lines.
(2)
Street Access. Principal access must be from a collector or higher capacity street.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Screening. All outside storage shall be completely screened from view from all streets and adjacent residentially zoned property.
(2)
Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.
(3)
Dust. All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.
(a)
Where Permitted. RA and CON as Special Use.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Dimensional Requirements.
a.
In areas with developed campsites, separate sanitary facilities for both sexes (including showers) shall be available within four hundred (400) feet of each campsite and drinking water shall be available within one hundred (100) feet of each campsite.
b.
In primitive camping areas, drinking water and sanitary facilities shall be available within twelve hundred (1200) feet.
c.
In areas with developed campsites, each campsite shall have a minimum of parking for two (2) vehicles.
(2)
Service Building Required. Pursuant to the N.C. State Building Code, each campground shall have at least one (1) service building to provide necessary sanitation and laundry tray. This structure may also contain a retail sales counter and/or coin-operated machine for the campground residents use, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area. All service buildings shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be ADA accessible and conveniently located. All buildings and structures shall be constructed in accordance with the N.C. State Building Code, and all applicable requirements of the County Code.
(3)
Limit on Recreational Vehicles per Campsite Space. No more than one (1) recreational vehicle may be parked on any one (1) space. Recreational vehicles shall not be permitted on parcels, lots, or other areas not approved through these regulations.
(4)
Refuse Collection. The campground owner/operator is responsible for providing a central location for refuse collection and shall adequately screen and buffer such location from campground residents and campsites. Storage, collection and disposal of refuse shall be managed as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution. The location of on-site refuse facilities and collection schedule shall be approved by the Bladen County Public Works Department prior to zoning approval.
(5)
Access to Wastewater and Drinking Water for All Campsites. Each campground shall have reasonable access to a source of potable water and adequate wastewater disposal approved by the applicable health authority and building codes.
(6)
No Permanent Camping. No permanent camping shall be permitted. It is not intended that any structure, mobile or permanent, be used as a permanent residence except for the owner or operator.
(7)
Lighting. Adequate lighting shall be provided for all common areas, including interior lighting in any building open at night. All sanitary facilities and dumping areas, water faucets, parking areas (other than at each campsite), recreation areas, and other service buildings and general use sites shall be lit at night, either with a light mounted on the building or as a pole light. In developed camping areas, lights will be installed along walkways to water and sanitary facilities and at roadway or driveway intersections. All outdoor lighting shall have a total cutoff at ninety (90) degrees.
(8)
Fire Pits. Each campsite space may provide a fire pit or ring if burning is permitted within campground. No trash burning is allowed other than in fire pit or ring and no burning other than paper and wood is allowed. Fires shall be extinguished before leaving or retiring.
(9)
Picnic Tables. Permanently affixed picnic tables may be provided at campsites spaces.
(10)
Public Street Access. No campsite space within a campground resort shall directly access a road from the exterior [of] the campground. Access to all structures within the campground shall be made using internal streets. All campground entrances/driveways shall be approved by the North Carolina Department of Transportation as required by North Carolina state law.
(11)
Street Maintenance. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground if not approved by NCDOT. Streets shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump shall be placed along the street. These requirements are subject to inspection anytime by the County.
(12)
Camp Stores. In areas with developed campsites, a camp store may be provided, for the use of campground users only, which may sell camping supplies, e.g. food, ice, personal supplies, etc.
(13)
Signs.
a.
Signs may be placed within campground for purposes of public direction and safety.
b.
One freestanding sign for the purposed of advertising the campground shall be constructed at the entrance(s) of the campground and shall comply with the sign regulations contained in Article 10, Part II.
c.
There shall be a maximum of three off-premises signs which must comply with the regulations contained in Article 10, Part II.
(14)
Flood Plains. Campgrounds proposed to be developed in whole or in part in flood plains shall demonstrate compliance with the Flood Damage Prevention Regulations contained in the County Code.
(15)
Emergency Evacuation. The application for a special use permit shall contain an emergency evacuation plan which is adequate to protect the safety of those utilizing the campground.
(16)
Animals. Animals traveling with campers shall be kept on a leash or tethered within their campsite at all times.
(d)
Additional Site Plan Requirements.
(1)
Topography of the site, at contour interval no greater than five (5) feet.
(2)
Natural features such as streams, lakes or ponds, rocky outcrops, wooded areas, marshes, meadow land, or any other site in interest.
(3)
Historic sites and cemeteries.
(4)
Location and approximate size of all buildings and structures within 500 feet.
(5)
Proposed layout of the campground, both primitive and developed camping areas, including individual sites, cabins, recreation areas, drinking water outlets, sanitary disposal facilities, comfort stations and other service buildings.
(e)
Additional Operational Requirements.
(1)
Responsible Party. The person to whom a permit for a campground is issued shall be the party responsible to comply with the conditions of the operating permit and shall operate the resort campground in compliance with this section and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition. Failure to comply with this section may result in revocation of the zoning permit by the Zoning Officer.
(2)
Manager on Duty. In developed camping areas, an attendant will be on the site twenty-four (24) hours a day while the campground is open for business.
(3)
A public phone in working order shall be available.
(4)
A fire extinguisher shall be available at each service building and at the office.
(5)
Individual campsites and general use areas shall be kept clean and free from garbage, refuse, litter, and other conditions, which can lead to the transmission of disease, breeding of rodents and insects, and which may present a fire hazard or contribute to the spread of fire.
(6)
All sanitary, laundry, and drinking water facilities shall be maintained in a clean, sanitary condition and kept in good repair at all times.
(7)
A camp store may be permitted, but no alcoholic beverages may be sold on the site.
(8)
Registration Records. Every campground owner or operator shall maintain an accurate register containing a record of all occupants in the campground. The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information.
a.
Name and permanent address of the occupants of each space.
b.
Campsite space number and/or appropriate quarter within a shelter.
c.
Date when occupancy within the campground begins and date when occupancy within the campground ceases.
d.
Upon request, park records shall be made available to the County.
e.
Time of Stay Each Year. No recreational vehicle or park tenant shall stay a length of time which exceeds 60 days of the time during which the resort campground is approved to operate.
(9)
Inspections.
a.
Any representative acting in official capacity on behalf of the County of Bladen as determined by County, is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Article. It shall be the duty of the owners of campgrounds to give the County free access to such premises for inspections.
b.
The person to whom an operating permit for a campground is issued shall operate the campground in compliance with this Ordinance and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition.
c.
The campground owner shall notify campground visitors of all applicable provisions of this Article and inform them of their responsibilities under this Article.
(e)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
North Carolina Cemetery Act. All cemeteries shall meet the requirements set forth by the North Carolina Cemetery Act, and if applicable, shall obtain a license from the North Carolina Cemetery Commission.
(2)
Minimum Lot Size. A minimum of three (3) contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a church.
(3)
Setbacks. The minimum setback for structures, graves and burial plots from any exterior property line shall to 100 feet.
(4)
Cemeteries as an Accessory Use to a Church. Cemeteries, including a columbarium, located on the same property as a church shall be subject to the following criteria.
a.
The cemetery shall not encroach on any yard setbacks.
b.
A site plan shall be submitted.
(d)
Family Cemeteries.
(1)
RA District-Conditional Use.
a.
Must be surveyed and recorded with Mapping and Register of Deeds.
b.
Must be maintained by landowner and heirs.
c.
Must be named.
d.
Must have a minimum 20 feet ingress and egress.
e.
Must not exceed 100 feet × 200 feet area.
f.
Area within cemetery boundaries must perk.
g.
Gravesites must be at least 100 feet from any water supply.
h.
Cemetery boundaries must be at least 100 feet from existing dwelling.
i.
Must be on at least 3-acre parcel.
(a)
Where Permitted. RA, R, C and I as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. An airstrip is an accessory use and must also follow the provisions of Section 11.6.
(d)
Additional Conditions.
(1)
State Regulation. Facility must comply with the requirements of the State of North Carolina.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Access to Streets. Clubs shall have direct access to a collector or higher capacity street.
(2)
Screening and Buffering. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Article 10, Part III.
(3)
Pools. Private non-profit clubs having only one operating swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirements if all activities and facilities (other than parking) are located no closer than fifty (50) feet to any property line. There shall be provided in any swimming pool water area at a depth of five (5) feet or less in the ratio of 7.2 square feet per member (or family). Water areas not deeper than five (5) feet shall not be included as a part of the minimum pool area to satisfy this requirement. Adjacent to swimming pools there shall be provided paved patio area(s) in the ratio of two (2) square feet of paving for each square foot of water area that is five (5) feet or less in depth.
(4)
Setbacks. No improvements, structures, sidewalks or play areas or equipment shall be closer than fifty (50) feet to any adjoining property lines. Parking areas may be permitted within twenty (20) feet of an adjoining property line if the abovementioned twenty (20) foot strip is used for plantings designed to grow at least six (6) feet high.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state, and local laws, including, but not limited to, any licensing requirement.
(2)
Signs. In any residential district and in the HD and HD-MU districts, all signs shall be non-illuminated and shall not exceed four (4) square feet in area.
(3)
Minimum Lot Size. The minimum lot size shall be three thousand (3,000) square feet.
(4)
Fencing. The entire play area at a adult day care center or home shall be enclosed by a fence having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the adults is ensured.
(5)
Minimum Space Per Participant. Adult day care centers shall have forty (40) square feet of indoor space for each participant in the portion of the building used for adult day care, excluding hallways, offices, and restrooms.
(6)
Proximity to Other Care Centers. In any residential district, whether contiguous or not, adult day care centers shall not be located closer than a one-half-mile radius from any existing permitted adult day care center in a residential district.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state, and local laws, including, but not limited to, any licensing requirement.
(2)
Outdoor Play Area.
a.
Centers with 6—29 Children. Child day care centers licensed for six (6) to twenty-nine (29) children, inclusive, shall have seventy-five (75) square feet per child of outdoor play area for the total number of children for which the center is licensed. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at seventy-five (75) square feet per child.
b.
Centers with 30 or More Children. Child day care centers licensed for thirty (30) or more children shall have seventy-five (75) square feet per child of outdoor play area for at least one-half (½) of the total number for which the center is licensed, provided that the minimum amount of space on the outdoor play area must be enough to accommodate at least thirty (30) children. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at seventy-five (75) square feet per child.
c.
Outdoor play space may not include driveways, parking areas, or land otherwise unsuitable for children's play space.
d.
Outdoor play space may not be in the established front yard.
e.
Outdoor play area shall provide an area that is shaded by a building, awnings, trees, or other methods.
f.
The outdoor area shall be designed so that staff are able to see and easily supervise the entire area.
(3)
Street Access. Centers on a site greater than 3 acres shall have access to a collector or thoroughfare street.
(4)
Hours. The Special Use Permit shall establish the hours of operation.
(5)
Parking for Employees. Parking for employees must be off-street and the minimum number of paved off-street parking spaces shall be two spaces plus one for each employee.
(6)
Off-Street Loading and Unloading. In addition to the off-street parking area, there shall be sufficient paved driveway to accommodate at least two autos at one time for the purpose of loading and unloading passengers.
(7)
Signs. In any residential district and in the HD and HD-MU districts, all signs shall be non-illuminated and shall not exceed four (4) square feet in area.
(8)
Minimum Lot Size. The minimum lot size shall be three thousand (3,000) square feet.
(9)
Fencing. The entire play area at a adult day care center or home shall be enclosed by a fence having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the adults is ensured.
(10)
Minimum Space Per Participant. Adult day care centers shall have forty (40) square feet of indoor space for each participant in the portion of the building used for adult day care, excluding hallways, offices, and restrooms.
(11)
Proximity to Other Care Centers. In any residential district, whether contiguous or not, adult day care centers shall not be located closer than a one-half-mile radius from any existing permitted adult day care center in a residential district.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
State Requirements. A Family Child Care Home (FCCH) is a child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care. A family child care home must be licensed by the Division of Child Development and Early Education (DCDEE). Of those eight children, no more than five children may be of pre-school age. Pre-school age children are children who have not yet reached an age to attend school (i.e. kindergarten). Child Day Care Homes providing service to three or less children or providing care less than four hours per day and who are otherwise not subject to the regulation of the North Carolina Department of Health and Human Services Division of Child Development or other licensing agencies, are still subject to the regulations contained herein.
(2)
Residency Requirement. The primary care provider must reside in the Child Day Care Home. No additional employees are permitted in the operation of the Child Day Care Home with the exception of a substitute who provides care during planned absences of the primary caregiver, as allowed by the North Carolina Department of Health and Human Services Division of Child Development.
(3)
Fencing. All rear yards for a Child Day Care Home shall be fenced or walled. The minimum height for such walls or fences shall be four feet.
(4)
Restrictions on Use of Yard Area. All equipment pertaining to the operation of a Child Day Care Home, to include toys, shall be stored in the rear yard. Front yards shall not be used as playground areas.
(5)
Building and Fire Inspections Required. A building inspection and a fire safety inspection shall be completed for all Child Day Care Homes prior to zoning approval by the County.
(6)
Hours. Hours of operation for a Child Day Care Homes shall be permitted from 6.00 a.m. until 8.00 p.m.
(7)
Proximity to Similar Facilities. A Child Day Care Home, required to be licensed by the State of North Carolina, may not be located within one-half mile radius of an existing Child Day Care Home.
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Licensing. An adult care home shall be licensed by the Division of Health Service Regulation of the NC Department of Health and Human Services.
(2)
Definition. "Adult Care Home" is an assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to people with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Adult care homes and family care homes are subject to licensure by the Division of Health Service Regulation.
(3)
Adult Care Home Structural Requirements. In addition to applicable building code requirements, adult care homes must meet requirements of the adult care home licensure rules which address arrangement and size of rooms, lighting, water and air temperature, entrances and exits, and service and fire safety equipment. Annual sanitation and fire and building safety inspection reports by the appropriate authorities are required. Fire safety requirements address fire extinguisher specifications, smoke and heat detectors, fire alarm system, meeting fire safety requirements of city ordinance or county building inspectors, written fire and disaster plans, and fire rehearsals (at least four a year on each shift).
(4)
Residency Requirement. The primary care provider must reside in the Adult Day Care Home. No additional employees are permitted in the operation of the Adult Day Care Home with the exception of a substitute who provides care during planned absences of the primary caregiver.
(5)
Fencing. All rear yards for an Adult Day Care Home shall be fenced or walled. The minimum height for such walls or fences shall be four feet.
(6)
Restrictions on Use of Yard Area. All equipment pertaining to the operation of an Adult Day Care Home, to include toys, shall be stored in the rear yard. Front yards shall not be used as playground areas.
(7)
Building and Fire Inspections Required. A building inspection and a fire safety inspection shall be completed for all Adult Day Care Homes prior to zoning approval by the County.
(8)
Hours. Hours of operation for an Adult Day Care Homes shall be permitted from 6.00 a.m. until 8.00 p.m.
(9)
Proximity to Similar Facilities. An Adult Day Care Home, required to be licensed by the State of North Carolina, may not be located within one-half mile radius of an existing Adult Day Care Home.
See Family Care Home when caring for two—six resident persons.
(a)
Where Permitted. RA, R, C and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. These facilities are considered accessory uses and must also follow the provisions of Section 11.6.
(a)
Where Permitted. RA, R, and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements for RA, R, and CON Districts.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(d)
Additional Requirements for C and I Districts.
(1)
Shall be a secondary use to the commercial or industrial use
(2)
Shall provide housing for those employed at the business
(3)
May be part of a mixed-use development with commercial use on first floor and residential on second floor.
(a)
Where Permitted. RA, R, and CON as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements for RA, R, and CON Districts.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(5)
Units and Minimum Buildable Area. Multifamily dwellings such as apartments, condominiums, and townhouses shall be constructed on a lot area of at least two acres. "Multifamily dwellings" means three or more family units.
(6)
Minimum Dwelling Size. Multifamily units shall be no less than 1,250 square feet in livable space.
(7)
Fire Protection. Every multifamily development shall be equipped at all times with fire extinguishing equipment in good condition, of such size, type, and number and so located as to meet all regulations of the Town Fire Inspector.
(8)
Review by Fire Inspector. Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Inspector and the applicant shall submit documentation of site approval to the Zoning Officer prior to commencing the operation.
(9)
Emergency Access Telephone. For the purpose of safety and meeting emergencies, one (1) telephone for each 25, or fraction thereof, dwellings shall continuously be provided to the entire occupancy of the development at convenient locations.
(10)
Animal and Pets. No owner or persons in charge of any dog, cat, or other pet animal shall permit it to run at large or to commit any nuisance within the limits of the development and its surrounding area.
(11)
Streets. All dwelling units shall have shared rights of access along private streets and/or along private drives at least twenty-four feet in width leading to a publicly maintained street. Maintenance of all private streets and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an Owners' Association, or all owners acting collectively pursuant to a binding agreement.
(12)
Signs. Entrance and other signs within the multifamily development shall be in compliance with Article 10, Part II, Signs.
(13)
Landscaping, Buffering and Screening. Shall be in compliance with Article 10, Part III, Landscaping, Buffering and Screening.
(14)
Lighting Requirements. All streets and parking areas within the development shall be adequately illuminated from sunset to sunrise. All lighting shall be in compliance with the requirements of Article 10, Part IV, Outdoor Lighting.
(15)
Utility Requirements.
a.
Water Supply. Connection to a public water supply is required.
b.
Sewage Disposal. Connection to a public wastewater system is required.
c.
Solid Waste Disposal and Sanitation Requirements. Individual garbage cans that adhere to Town specifications shall be provided for each manufactured home.
(16)
Management. In each multifamily development, a manager/operator shall be designated and shall be in charge at all time to keep the development, its facilities and equipment in a clean, orderly, safe, and sanitary condition. The manager/operator is to be registered with the Zoning Officer.
(17)
Plans and Declarations. Multifamily developments shall be subject to Major Site Plan as outlined in Article 16. Together with the application for zoning permit there shall be submitted a tentative, over-all development plan which shall show.
a.
A tabulation of the total number of acres in the proposed project and the percentage thereof designated for each of the proposed dwelling types, off-street parking, streets, parks, schools, and other reservations;
b.
A tabulation of over-all density per gross acre;
c.
Preliminary plans and elevations of the several dwelling types.
(18)
Condominiums. Plans and declarations for condominium developments shall comply with the requirements of the North Carolina Condominium Act (G.S. chapter 47C).
(a)
Where Permitted. RA and R as a Use with Conditions.
(b)
Requirements. Shall meet the requirement of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Defined. Family Care Home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities. "Person with disabilities" means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
State Law reference— G.S. 160D-907(b)
(2)
Separation of Uses. A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts. The County may not require that a family care home, its owner, or operator obtain, because of the use, a special use permit or variance from any such zoning regulation provided, however, that the County may prohibit a family care home from being located within a one-half mile radius of an existing family care home.
State Law reference— G.S. 160D-907(c)
(3)
Charges and Assessments. A family care home shall be deemed a residential use of property for the purposes of determining charges or assessments imposed by the County for water, sewer, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements.
State Law reference— G.S. 160D-907(d)
(a)
Where Permitted. RA and C District as a Special Use.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Size. Flea markets shall not exceed one acre in size.
(2)
Days and Hours of Operation. Days and hours of operation shall be established by the special use permit.
(3)
Food Sales. The sale of food for consumption on or off the premises will require approval by the Department of Health.
(4)
Fencing for Permanent Locations. Permanent outdoor flea markets are required to install and maintain fencing or landscaping along three (3) sides of the open market. A landscape plan describing both fencing and landscaping must be reviewed and approved by the Zoning Officer.
(5)
Buffering. Screening and buffering of a permanent site when adjacent to residential properties may be required as part of the Special Use Permit.
(6)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation. All storage tanks and loading facilities shall be located at least 200 feet from any property line.
(2)
Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.
(3)
Location. Principal access must be from a collector or higher capacity street.
(4)
Fire Code. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the "Flammable and Combustible Liquids Code, NFPA 30" of the National Fire Protection Association.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location. Principal access must be from a collector or higher capacity street.
(2)
Fire Code. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the "Flammable and Combustible Liquids Code, NFPA 30" of the National Fire Protection Association.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Equipment Storage. Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication equipment, auto washing equipment, and similar equipment shall be entirely enclosed within a building.
(2)
Refuse Containers. All garbage and refuse shall be stored in mechanical loading containers located near the rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines unless the Zoning Officer determines that such a setback is not practicable. In such cases, the Zoning Officer may, as an alternative, require a lesser setback provided sufficient screening or enclosure is installed.
(3)
Violation of Abandoned Vehicles and Auto Junkyard Ordinance. The open storage of one (1) or more wrecked or inoperable vehicles or parts of one (1) or more vehicles for ten (10) days or more shall be deemed a junkyard. An unlicensed vehicle stored for ten (10) days or more shall be deemed an inoperable vehicle.
(a)
Where Permitted. Special Use in the RA District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation and Setbacks.
a.
The "track" or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(3)
Noise. The facility shall be sited and operated so as to not produce noise or sound which would adversely impact adjoining and surrounding properties.
(4)
Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.
(5)
Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the raceway.
(6)
Hours of Operation. No such facility that adjoins residentially used or zoned property shall conduct business between the hours of 11:00 p.m. and 8:00 a.m.
(d)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. RA and CON Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Buffer. A 50-foot wide planted buffer shall be observed around the perimeter of the property and shall not be included in the required dimensional area required for the use.
(2)
Minimum Area. The minimum lot depth from the tees to the end of the driving area shall be 1,000 feet or the end shall be controlled with netting and/or berms to prevent golf balls from leaving the property.
(3)
Security Fencing. Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area so as to prevent golf balls from leaving the driving area.
(4)
Dimensions. The depth of a range along a driving axis shall be not less than 350 yards measured from the locations of the tees, and the breadth not less than 200 yards at a distance of 350 yards from the tee.
(5)
Hours of Operation. Service to customers shall be halted at dusk. Lighting of the driving and practice range is not permitted.
(6)
Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses.
(a)
Where Permitted. RA and CON Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Use Separation. A fifty-foot minimum distance shall be provided between the clubhouse or other principal building(s) and any adjacent residentially-zoned property.
(2)
Parking Area. All parking and loading areas shall be graded and drained so as to dispose of all surface water.
(a)
Where Permitted. Special Use in I District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Materials which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability, or liability to explosion render firefighting abnormally dangerous or difficult; also to materials and formulations which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials, and unstable chemicals, as defined in Section 20.2 of the American Insurance Association Fire Prevention Code.
(d)
Additional Requirements.
(1)
Fire Inspection Required. Where such materials are stored, an inspection by the Fire Chief of the County of Bladen is required prior to installation and at regular intervals thereafter as required by the NC Fire Code.
(2)
Safety and Evacuation Plan Required. Such plan shall be required to be on file with the Fire Chief.
(a)
Where Permitted. RA, R and C as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Any profession or occupation carried on entirely within a dwelling providing that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that no more than 25 percent of the total floor area is used for such purposes, and that there is no outside or window display. No mechanical equipment shall be installed or used other than is normally used for domestic or home occupation purposes.
(d)
Additional Conditions.
(1)
That such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;
(2)
That no more than twenty-five percent (25%) of the total floor area of the dwelling is used for such purposes;
(3)
That there is no outside or window display;
(4)
That no mechanical or electrical equipment is installed or used other than is normally used for domestic, professional, or hobby purposes, or for infrequent consultation or emergency treatment; and
(5)
That not more than one person not a resident of the dwelling is employed in connection with the home occupation.
(6)
Outside Storage. No outside storage or display of items associated with the home occupation is permitted.
(7)
Limits on Operation.
(a)
Where Permitted. Special Use in I District.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. Materials which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability, or liability to explosion render firefighting abnormally dangerous or difficult; also to materials and formulations which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials, and unstable chemicals, as defined in Section 20.2 of the American Insurance Association Fire Prevention Code.
(d)
Additional Requirements.
(1)
Fire Inspection Required. Where such materials are stored, an inspection by the Fire Chief of the County of Bladen is required prior to installation and at regular intervals thereafter as required by the NC Fire Code.
(2)
Safety and Evacuation Plan Required. Such plan shall be required to be on file with the Fire Chief.
(a)
Where Permitted. C District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Signage. Signage shall be limited to no more than ten percent of the building facade up to eight square feet and limited to two signs.
(2)
Appearance. Any ATM, whether a part of another facility or as a standalone use, shall be integrated as part of the development with similar building materials and design. Metal siding is not permitted.
(3)
Paved Access Required. All ATMs will have paved access.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Junkyard Control Act. Junkyards along interstate and primary highways shall meet the requirements of G.S. chapter 136, article 12, Junkyard Control Act.
(d)
Screening. Automobile graveyards, salvage yards, and similar types of used material industries must be conducted within a structure or on a lot enclosed by a solid fence at least six (6) feet in height, provided that the County Board finds that such yard will not have injurious effect on the public interest or welfare. The finished side of the fence shall face the property line.
(e)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Regulations.
(1)
Distance Requirements.
a.
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Gates. Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Regulations.
(1)
Distance Requirements.
a.
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
b.
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
(2)
Screening/Fencing/Gates.
a.
Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least six (6) feet high in addition to a minimum fifteen (15) foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years.
b.
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Defined. As defined in Article 2 of this ordinance, a Class B is a manufactured home that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home. Class B units are typically referred to as single-wide mobile home units.
(d)
Additional Conditions.
(1)
Underpinning. The area beneath a Class B home must be fully enclosed with durable skirting within 90 days of placement on the lot. The home shall have a continuous and permanent skirting installed of brick, concrete masonry units or an approved corrosive-resistant, non-reflective skirt extending from the bottom of the manufactured home to the ground. Underpinning must be of material that is acceptable for exterior construction, durable and suitable for exterior exposures. Examples of approved building materials suitable for use as underpinning shall include the following. brick, masonry, natural or synthetic stone masonry, or vinyl. Assemblies, products and materials manufactured expressly for the purpose of underpinning shall be installed in accordance with the State of North Carolina Regulations for Manufactured Homes and the skirting manufacturer's specifications. Any wood framing used in the support of skirting must be approved pressure-treated wood. Underpinning shall be maintained in a good condition by the owner at all times. Failure to comply with the requirements of this subsection shall result in a violation and subject the owner to the enforcement procedures and penalties.
(a)
Where Permitted. Prohibited in all districts.
(b)
Defined. As defined in Article 2 of this ordinance, a Class C home is any manufactured home that does not meet the definition criteria of a Class A or Class B manufactured home.
(c)
Prohibited. Manufactured homes constructed prior to June 15, 1976 (the effective date of the National Manufactured Housing Construction and Safety Standards Act of 1974) shall not be permitted to be brought into and moved within the Bladen County Planning and Zoning Jurisdiction.
(a)
Where Permitted. RA, R, C, CON, and I as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions. Manufactured homes may be used for temporary purposes and uses provided that they meet the specific requirements outlined under temporary uses. These include:
(1)
Temporary Emergency, Construction, and Repair Residence.
(2)
Real Estate Sales Office and Model Sales Home.
(3)
Temporary Emergency, Construction, and Repair Residence.
(4)
Temporary Farmworker Housing.
(a)
Where Permitted. As a Special Use in the RA and C Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Conditions.
(1)
Location.
a.
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
b.
Minimum setback from any other property line shall be at least fifty (50) feet.
c.
No Manufactured Home Storage and or repair yard shall be located less than five hundred
d.
No Manufactured Home Storage and or repair yard shall be located less than five hundred (500) feet from any property used or zoned for residential purposes.
(2)
Screening/Fencing/Gates.
a.
Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least six (6) feet high in addition to a minimum fifteen (15) foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years.
b.
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(a)
Where Permitted. C as a Use with Conditions.
(b)
Authority. The County of Bladen has authority to regulate marinas and other related commercial uses above the mean high water mark along the shoreline of Bladen County for all lake front property. Any structure or use that extends beyond the mean high water mark, including, but not limited to, piers and boat ramps, are regulated by the State of North Carolina through the Department of Environmental Quality as outlined in Title 7, Chapter 13, Subchapter 13C—State Lakes Regulations of the North Carolina Administrative Code.
(c)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(d)
Definitions. As defined in Article 2 of this ordinance.
Abandoned Vessel. A vessel that has been relinquished, left, or given up by the lawful owner without the intention to later resume any right or interest in the vessel. The term "abandoned vessel" does not include a vessel that is left by an owner or agent of the owner with any person or business for the purpose of storage, maintenance, or repair and that is not subsequently reclaimed.
Boat (vessel). A watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, paddle, or other means, which is used to travel from place to place by water. A boat or vessel shall also include any machine designed or intended to travel over water by self-propulsion or while attached to any self-propelled vessel.
Boat Stall. Any structure adjoining or attached to a pier which has the capacity to store one boat.
Boat Ramp. Any permanent or temporary structure which is placed on the floor of a state lake for the purpose of allowing boats to enter or be removed from a state lake; Boat ramp shall not be interpreted to mean boat stall.
Dock or Pier. A platform extending from a shore over water and supported by piles or pillars, used to secure, protect, and provide access to boats, also a wharf or platform for the loading and/or unloading of materials and passengers.
Floating Home. A house built on a floating platform without a means of propulsion.
Junked vessel. An abandoned vessel that also.
(1)
Is partially dismantled or wrecked;
(2)
Cannot be self-propelled or moved in the manner in which it was originally intended to move;
(3)
Is more than five years old and worth less than $500.00; or
(4)
Does not have a current certificate of number or equivalent registration as required by the state under G.S. 75A-4.
Lake Front Property. Any property adjoining or abutting upon a state lake.
Major Repair. Any activity that could result in deposition of materials or pollution into the shoreline area waters.
Marina. A dock or basin providing secure moorings for pleasure boats and often offering supply, repair, and other facilities. Marinas shall incorporate the following.
(1)
Parking shall be provided in accordance with the requirements of this ordinance.
(2)
Separate male and female restroom facilities shall be provided for the exclusive use of the commercial marina patrons.
(3)
Properly screened and adequately sized solid waste disposal facilities shall be provided for the exclusive use of commercial marina patrons.
(4)
Potable Water Service.
(5)
Electricity.
(6)
Sewer pump out.
Mean High Water Mark. The highest point on the shore of any lake to which water reaches under normal circumstances;
Pollution. The presence in the waters of the County of any one or more substances or contaminants which are harmful or injurious to human health or welfare, marine, animal or plant life, or property.
State Lake. The term state lake or state lakes, unless specifically limited shall be deemed to include all property up to the mean high water mark, whether covered by water or not, in Bladen County, including Singletary Lake, Bay Tree Lake, Jones Lake, Salters Lake, Lake Waccamaw, and Lake Phelps.
(e)
Activities and Possible Uses. Activities and possible uses on the marina property shall be limited to wet boat storage, dry stack boat storage, boat service and repairs, boat accessory sales, marine stores, coffee shop, boat trailer parking areas, automobile parking areas, launching ramps, piers, and boat petroleum service areas subject to the following requirements.
(1)
Approval, as required, by all applicable regulating agencies of the State of North Carolina.
(2)
If dry stack boat storage is approved, as applicable, by the State regulating agency, buildings are located as part of the marina, it shall be located no closer than thirty (30) feet from any property line unless such property line abuts the water. The maximum height shall be 20 feet. Also, a buffer shall be required between the building and any adjacent property lines in accordance with these regulations.
(3)
Approved pump out facilities are required.
(f)
General Regulations.
(1)
No junk or abandoned vessels shall be allowed within the shoreline area; notice and seizure of abandoned and/or junk vessels. It shall be the responsibility of the marina owner to take legal actions to remove the vessel.
(2)
Repairing, fitting out, etc., of vessels. Routine maintenance and minor repairs necessary for the preservation of the vessel may be performed within the shoreline area. Major repairs shall not be performed on any vessel within the shoreline area unless permitted by the County. Routine maintenance and minor repairs are considered to be those which.
a.
Do not disturb the public peace and tranquility of any person aboard any boat under the jurisdiction of the County.
b.
Do not contribute to a disorderly or unsightly appearance during the process of repair or maintenance.
c.
Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel.
d.
Are confined to the vessel.
(3)
Marine debris/waste. The disposal of treated or untreated boat sewage wastes or the introduction of pollution by any means into the waters of the lake is prohibited. The discharge of any waste, garbage, refuse, petroleum product or byproduct, paint, varnish, dead animals, fish, bait, or any other debris is prohibited.
(4)
Living aboard a boat. Living aboard a boat, including, but not limited to, floating homes, is prohibited.
(g)
Street Access. The marina shall have access to a collector or higher classified street.
(h)
Use Separation. There shall be a minimum 50 feet distance between any buildings, structures, or outdoor use areas associated with the marina and any adjacent residentially used or zoned lot.
(i)
Dust. Any unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(j)
Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.
(k)
Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Article 10, Part III.
(a)
Where Permitted. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Conditions.
(1)
Storage buildings in the Mini-Warehouse/Storage Facility may not cover more than 50 percent of the lot.
(2)
Maximum height of units is twenty (20) feet.
(a)
Where Permitted. Special Use in the C and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Conditions.
(1)
Additional Site Plan Requirements.
a.
The names and addresses of property owner(s) or developer(s) and the designer or Registered Surveyor or Professional Engineer, if the plans are drawn other than by the property owner, operator or developer.
b.
Date, scale and approximate North allow.
c.
Boundaries of the tract, parcel, plot or lot shown with bearing and distances.
d.
Boundaries of the area requesting to be permitted, if different from 3. above.
e.
Buffers, ingress and egress, surrounding land usage and any other specific information pertinent to the parcel, plot or lot.
f.
A vicinity map showing the location of the parcel, plot or lot.
g.
The names for each adjoining property owner, shown on the parcel, plot or lot they own.
h.
Land contours with vertical intervals of not less than ten (10) feet. U.S.G.S. 7.5 Minute Topographical Quadrangle Maps are acceptable.
i.
When an expansion is being requested, the size and location of any existing area that is being operated as a mine or mining operation.
j.
A letter or other certification of approval must be submitted from the North Carolina Department of Transportation, as to the safety and design of the access or entrance on to a State maintained street or road from the mine.
k.
In place of 1-9 above, the applicant may submit a completed application as required by the State of North Carolina for a Mining Permit.
(2)
Access. Access to a mine or mining operation must be from a road or street that is a State maintained road or a private road with a right-of-way width of not less than thirty (30) feet and a cleared or drivable area of not less than twenty (20) feet. Any ingress or egress that does not abut one of the above roads, entrance etc. must also have a right-of-way width of not less than thirty (30) feet and a cleared and drivable area that is adequately maintained at all times for vehicular travel and that is at least twenty (20) feet in width.
(3)
Screening and Buffering. An area of land, which shall not be less than fifty (50) feet in width (unless a lesser width is approved by the Planning Board) shall be provided along all boundaries of the affected land. This buffer area must be left at all times in a natural vegetative state or planted with trees, shrubs or plants that create a visual screen. Trees and plants must be native to the area and trees shall not be less than six (6) feet in height within six (6) years. If an earthen berm or berms are to be used within the buffer for visual screening they shall be planted with vegetation and shall not be less than six (6) feet in height at the crown and with slopes sufficient to minimize erosion.
(4)
Use Separation.
a.
The edges of any pit where a mining operation is taking place and any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial uses operated in conjunction with the mine or quarry shall be located at least 300 feet from any property line.
b.
Where the mining operation is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such operation.
(5)
Hours of Operation. All operations involving blasting discernible beyond the external property line on a quarry shall only be conducted between the hours of 7.00 a.m. and 6.00 p.m.
(6)
Mining Permit. A valid state-issued mining permit must be obtained.
(7)
Additional Considerations.
a.
In the case of denial because all the requirements of this section were not met, the Application may be resubmitted when all requirements have been met, with no additional fee required, provided the plan is resubmitted within one hundred eighty (180) days of the notice of rejection or denial.
b.
Following approval by the Bladen County Planning Board, the Zoning Officer is authorized to issue a Special Use Permit. No site disturbing activities are allowed until a Mining Permit has been issued by the State of North Carolina.
c.
If the proper permit has not been or is not obtained from all appropriate Departments of the State of North Carolina and/or compliance with all terms of approval by the Bladen County Planning Board have not been completed within one year (365 days) from the date of approval of the application by the Bladen County Planning Board, the approval of the application and Special Use Permit shall be null and void and a new application must be submitted.
(a)
Where. RA as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Side and rear yard minimum setbacks shall be increased to one and a half (1.5) times the minimum for the applicable zoning district.
(2)
One or more parking lots shall be constructed to accommodate all required parking. Individual parking spaces shall not have direct access to the street. Automobile parking space and drives shall not be located closer than twenty (20) feet to the front or twenty (20) feet to the rear of any dwelling or ten (10) feet to any side.
(3)
Any playground equipment must be located in the rear yard at least twenty (20) feet from any property line.
(4)
The following space requirements between building walls having window or door opening shall be maintained within a multi-family housing development.
a.
A building wall having both window and door openings shall not be located any closer than 50 feet to another building.
b.
A building wall having only window or door openings shall not be located any closer than 25 feet to another building.
c.
Any group of buildings forming a courtyard shall have at least 25 percent of the perimeter of such courtyard open and for access by emergency vehicles.
(5)
Evidence of effort to secure a valid license from the Nursing Home Licensure and Certification Section of the NC Department of Health and Human Services shall be submitted with the application.
(a)
Where. RA and C as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Certain Sales Prohibited. There shall be no sales of fuel and related products, tobacco products, alcoholic beverages, vehicles or related products. Food franchises are prohibited.
(2)
Parking. Open air market uses shall be required to have off-street parking with adequate ingress and egress with an area for turn-around. A minimum of one parking space per 200 square feet of selling and display area shall be provided, with a minimum of two (2) spaces provided. For the purpose of calculating the required number of parking spaces, production facilities, garden plots, planting beds and outdoor storage area opened to the public are excluded. Overflow parking shall, at a minimum, be grass covered.
(3)
Setbacks. There shall be a 20-foot setback between the street right-of-way line and the front of the sales area, excluding production facilities, garden plots, planting beds and outdoor storage areas open to the public. No parking is allowed within the front yard setback or within 20 feet of the edge of roadway, whichever distance is less. Setbacks from side property lines shall be 20 feet. There shall be a rear setback of 40 feet from rear property lines.
(4)
Signs. Seasonal signs are allowed, but cannot be placed anywhere it would create a traffic hazard. All other County signage regulations may apply. No rotating or flashing lights on advertising signage shall be permitted.
(5)
Lighting. No outdoor lighting shall produce glare beyond the boundary of the property.
(6)
Water Service. Potable water is required on-site.
(7)
Items for sale shall be removed from the site or placed in a secured building at the end of each business day.
(8)
Public Restrooms. Adequate restroom facilities shall be provided. These facilities shall be located a minimum of 50 feet from the street right-of-way and shall meet the side and rear setbacks for the district in which the outdoor market is located.
(a)
Where Permitted. C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Nonconforming Uses. All nonconforming outdoor display existing on the effective date of this Ordinance, which does not conform to the requirements of this article, shall be removed and/or brought into compliance within twelve (12) months from the effective date of this Ordinance.
(2)
Location.
a.
Outside Primary Structure. Outside sales must be clearly secondary to the primary use of the associated permanent structure and shall generally be located to the side or rear of the principal structure. Display of merchandise for sale outdoors in the front yard shall not exceed a maximum of 12 feet from the front face of the building.
b.
Displays on public sidewalks. Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). Such sales may also be subject to other County ordinances.
(3)
Restaurants with Outside Seating/Sales. Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards.
a.
The outdoor seating area shall be located no closer than 100 feet from any residential zoning district
b.
The outdoor portions of the restaurant shall not operate after 11.00 p.m.
c.
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(a)
Where Permitted. RA, C and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Buffer. In the interest of safety to children and adjacent property owners, any approved outdoor storage shall maintain a buffer that conceals the storage from public view. The buffer shall be compact evergreen hedge or other type of evergreen foliage screening which shall reach the height of at least eight (8) feet within three years, or shall be a combined fence and shrubbery screen. The buffer shall be maintained at a minimum of eight (8) feet in height and at least fifteen (15) feet in width thereafter. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view. Fences shall be at least 6 feet, but no greater than 12 feet, must be opaque, and made of materials that are normally accepted in the fencing industry.
(2)
Nonconforming Uses. All nonconforming outdoor storage existing on the effective date of this Ordinance, which does not conform to the requirements of this article, shall be removed and/or brought into compliance within twelve (12) months from the effective date of this Ordinance.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements. See Off-Premises Advertising Signs in Article 10, Part 2, Signs.
(a)
Where Permitted. RA, R, C, CON and I District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location.
a.
No accessory structure or building except utility substations shall be erected in any easements.
b.
Must be located 500 feet from a legal conforming residential use.
(2)
Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.
(3)
Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.
(4)
Screening. Any outdoor storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).
(5)
Dust. All unpaved outdoor use areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(a)
Where Permitted. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Setback. Transmission towers shall be setback a minimum distance that equals half the towers height.
(a)
Where Permitted. Special Use in R District; Use with Condition in the RA and CON Districts.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Special Use Permit Required for "R" District. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(d)
Additional Requirements.
(1)
Hours of Operation. Hours of operation are limited to 7.00 a.m.—10.00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(a)
Where Permitted. RA and R Districts as a Use with conditions.
(b)
Requirements.
(1)
Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(2)
Shall at a minimum meet the requirements for subdivision development set out in The Bladen County Subdivision Regulations for the district in which the development is located.
Cross reference— See Subdivision Regulations
(a)
Where Permitted. RA, R, C, CON, and I Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Installation. All satellite dishes shall be installed in compliance with FCC regulations.
(2)
Size. Residential satellite dishes shall not exceed 24 inches in diameter and nonresidential satellite dishes shall not exceed 36 inches by 22 inches (oval). 7.9.3. If possible, satellite dishes shall not be located in a front yard and shall be hidden from view of the public right-of-way.
(3)
Location.
a.
All supporting cables and anchors shall be contained on the property.
b.
In residential districts, satellite dish antennas shall not be located or placed within any street right-of-way building setback or side building setback.
(a)
Where Permitted. Special Use in RA and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development of a Solar Facility outlined in ARTICLE 13 of this ORDINANCE.
(a)
Where Permitted. RA District as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Additional Requirements.
(1)
Location. All outdoor storage, collection loading and processing areas must be located a minimum distance of 50 feet from any residentially zoned property.
(2)
Environmental Hazards. All establishments shall be located so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans.
(3)
Street Access. Principal access must be from a collector or higher capacity street.
(4)
Collection Bins. The collection bin shall be located in or adjacent to an off-street parking area, and shall not occupy more than five percent of the total on-site parking spaces. The mobility of the collection bin shall be retained.
(5)
Appearance. The bin and adjacent area shall be maintained in good appearance and free from trash.
(6)
Hazardous and Biodegradable Wastes. There shall be no collection or storage of hazardous or biodegradable wastes on the site.
(a)
Where Permitted. All Districts as a Use with Conditions.
(b)
Requirements. Shall at a minimum meet the requirements of Section 11.4 or 11.5 as applicable to the district in which the use is located.
(c)
Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses do not negatively affect adjacent land, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.
(d)
Permitted Temporary Uses and Structures. The following table summarizes the uses and structures that are allowed by the County of Bladen on a temporary basis. If a use or structure is not listed in the table below then the use or structure is not allowed by this Ordinance. Refer to Section 11.104(h) for further information on specific uses and structures.
Table 11-2
Temporary Structures and Uses
(e)
Prohibited Temporary Uses. Without limiting the standards of this Ordinance, the following activities are prohibited in all districts.
(1)
Retail or Display of Goods, Products, or Services in Public Right-of-Way. Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or City-recognized event.
(2)
Retail Sales or Display of Goods From Vehicles. Except as part of a permitted seasonal sale, retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.
(f)
Temporary Use Permits. All temporary uses and structures required to obtain a Temporary Use Permit.
(g)
General Standards for Temporary Uses and Structures. All temporary uses, structures, or special events shall comply with the following general standards, unless otherwise specified in this Ordinance.
(1)
Obtain the appropriate permit from the County (if required);
(2)
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(3)
Be compatible with the principal uses taking place on the site;
(4)
Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
(5)
Not include permanent alterations to the site;
(6)
Meet all the setbacks of the underlying base and overlay zoning districts;
(7)
Comply with the maximum signage size for temporary signs;
(8)
Not maintain temporary signs associated with the use or structure after the activity ends;
(9)
Not violate the applicable conditions of approval that apply to a site or use on the site;
(10)
Not interfere with the normal operations of any permanent use located on the property; and
(11)
Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
(h)
Specific Regulations for Certain Temporary Uses and Structures.
(1)
Expansion or Replacement of Existing Facilities.
a.
Where. All Districts as a Use with Conditions.
b.
Purpose. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and designed for relocation to other sites, may be placed on land to serve as the following:
1.
Expansion space for existing religious institutions, health care facilities, and government offices, provided plans for the permanent expansion of the existing facilities have been submitted to and been approved by the County.
2.
Temporary classroom space to augment an existing public educational facility.
3.
Temporary quarters for recreational facilities that are being provided in conjunction with a new residential development, provided the City has approved a Site Plan or Subdivision Plan for the development.
4.
Temporary quarters for other nonresidential uses when the permanent building has been destroyed by a fire or other physical catastrophe, provided a Building Permit for the permanent facility is obtained within four months after approval of the temporary quarters. Failure to obtain a Building Permit within the time frame allowed will revoke approval for the temporary quarters.
5.
One temporary office per site to include but not be limited to, the following uses. hiring, membership solicitation, multi-family development office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this section. Such modular buildings shall not be placed on the property prior to the issuance of a Building Permit.
6.
A temporary residence used for housing occupants of an on-site existing principal dwelling unit subject to casualty damage.
c.
Standards. In addition to meeting the General Standards for All Temporary Uses and Structures, all temporary structures approved in accordance with this section shall meet the following standards.
1.
The structure shall be placed to avoid obstructing emergency access and pedestrian and vehicular circulation; disturbing or damaging required landscaping or buffer areas being retained, including heritage or specimen trees being retained; or impacting future open space or areas to be landscaped.
2.
The temporary structure shall be factory-fabricated and transportable.
3.
Adequate off-street parking shall be provided for the temporary use.
4.
All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained prior to installation of the temporary structure.
5.
The temporary structure shall be compatible with the existing buildings on the site in terms of exterior color, design, and placement, to the maximum extent practicable.
d.
Duration.
1.
Temporary structures under this subsection may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request for such extension, submitted to the Zoning Officer, 30 days prior to the expiration of the temporary use permit. Except for temporary classrooms, in no event, shall the extension allow the temporary structure to remain on the site for more than three years. Temporary structures shall be removed within ten days of the issuance of a Certificate of Occupancy for the permanent structure.
2.
Temporary classrooms for use as part of an existing public educational facility may be allowed to remain on the site for longer than three years.
(2)
New Real Estate Sales Office and Model Sales Home.
a.
Where. RA and R as a Use with Conditions.
b.
General Standards. One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development, provided that.
1.
The use is located on a lot approved by the County as part of a development.
2.
Signage complies with the standards.
3.
The temporary use is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.
4.
The temporary use complies with the minimum yard and setback standards of the zoning district in which it is located.
5.
Off-street parking provided for the temporary use complies with the standards.
6.
Upon termination of the temporary real estate sales office or model sales home, the structure shall be converted into, or removed and replaced with, a permanent use.
7.
In approving or renewing approval of a real estate sales office, the Zoning Officer may impose other conditions as is deemed necessary to avoid adverse impacts that the use as a sales office may have on adjacent properties or the community as a whole.
8.
All temporary trailers shall be removed from the site prior to the issuance of the last Certificate of Occupancy for the site.
c.
Duration.
1.
Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, for good cause shown, upon approval of a written request for such an extension, submitted to the Zoning Officer, 30 days prior to the expiration of the permit. In no event shall the extension allow the temporary structure to remain on the site for more than three years.
2.
Model sales homes may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension submitted to the Zoning Officer, 30 days prior to the expiration of the permit. There is no time limit on the use of model sales units for rental housing.
(3)
New Temporary Construction-Related or Project Offices/Activities.
a.
Where. All Districts as a Use with Conditions.
b.
General. Temporary construction-related activities including construction offices, storage buildings, outdoor storage, and employee parking areas, may occur in all zones subject to the issuance of a Temporary Use Permit.
c.
Duration. Temporary Use Permits for construction-related activities may be approved for a period of up to one year. This period may be extended in six-month periods, for good cause shown, upon approval of a written request for such an extension, submitted to the Zoning Officer, 30 days prior to the expiration of the permit. Such extension may include additional or revised conditions. In no event shall the extension allow the temporary use to remain on the site for more than two years. All such uses shall be removed and the site restored to its previous condition within 30 days after issuance of a final Certificate of Occupancy or Certificate of Completion.
(4)
Temporary Storage in a Portable Shipping Container. Except for containers actively being used for construction purposes associated with a building permit, temporary storage in a portable shipping container shall be permitted subject to the following.
a.
Where. All Districts as a Use with Conditions.
b.
Size. Storage containers may not exceed 160 square feet in size or be taller than eight feet.
c.
Location. Containers shall be located within a driveway, parking, or loading area. In cases where the driveway, parking, or loading area extends behind the front or corner side façade of a building, the container shall be placed behind the front or corner side façade. In cases where improved driveways, parking, or loading areas are not present, containers shall be located so as to minimize their visibility from streets or adjacent residential areas.
d.
Duration. Containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per occurrence. This time period may be extended for a maximum period of 30 days by the Zoning Officer for good cause shown. Storage containers may be placed on a residential site a maximum of two occurrences per year.
(5)
Temporary Emergency, Construction, and Repair Residence.
a.
Where Permitted. All Districts as a Use with Conditions.
b.
Dimensional Requirements. A Temporary Emergency, Construction/Repair Residence shall comply with the dimensional requirements for an accessory structure.
c.
Duration. A permit for Temporary Emergency, Construction/Repair Residence to be occupied pending the construction, repair, or renovation of a permanent single-family dwelling on a site or a nonresidential/commercial development shall expire within 6 months after the date of the issuance, except that the Zoning Officer may renew such permit if itis determined that.
1.
Substantial construction, repair work, renovation or restoration work has been done; and
2.
Such renewal is reasonably necessary to complete the necessary work to make such residence habitable.
d.
A Class A manufactured home may be used as a temporary residence.
(6)
Granny Pods/Temporary Health Care Structures.
a.
Where. RA and R as a Use with Conditions.
b.
Purpose. Granny pods, also called temporary health care structures, are permitted under the authority of NC General Statutes Section 160A-383.5. Granny pods shall be permitted as an accessory use subject to the following standards.
1.
Structures must be transportable residential units assembled off-site and built to the standards of the State Building Code. It must be no more than 300 gross square feet and must not be placed on a permanent foundation.
2.
The accessory structure must comply with all setbacks and any maximum floor area ratio limits that apply to the primary residential structure. The structure shall be connected to any public water, sewer, and electric utilities serving the property or water and/or sewer systems approved by the County of Bladen or Bladen County, as applicable.
3.
Only one accessory temporary family care structure is allowed per lot.
4.
No signage regarding the presence of the structure is allowed.
5.
The structure must be removed within sixty (60) days after care-giving on the site ceases.
6.
A zoning permit is required to be obtained prior to installation. Evidence of compliance may be required as part of the permitting and annual permit renewal, including an annual renewal of the doctor's certification of impairment. The County may make periodic inspections at times convenient to the caregiver to assure on-going compliance.
7.
The caregiver must be at least 18 years old and must be a first or second degree relative of the impaired person (a spouse, parent, grandparent, child, grandchild, aunt, uncle, nephew, or niece). A legal guardian of the impaired person also qualifies.
8.
Granny pods shall only be permitted for single-family residentially used property.
(7)
Temporary Farm Worker Housing.
a.
Where. RA and R as a Use with Conditions.
b.
Building Area. Rooms or compartments for sleeping shall contain not less than 39 square feet of floor space for each person.
c.
Duration. 120 from issuance of permit.
d.
Health and Safety.
1.
Not more than ten (10) people shall be housed in any one room or compartment for sleeping purposes.
2.
Separate toilet and shower facilities shall be provided for male and female workers. A minimum of one (1) toilet and one (1) shower shall be provided for each ten (10) workers.
3.
A laundry room shall be required with one (1) wash sink of at least ten (10) gallon capacity for each ten (10) workers. Adequate clothes drying lines shall be provided.
4.
Dining and food service facilities shall be provided and shall contain at least twelve square feet of floor space per worker and shall be approved by the Bladen County Health Department.
5.
All water, sewer, and sanitary facilities shall be approved by the County of Bladen or the Bladen County Health Department, as applicable.
6.
All garbage and refuse shall be stored in water-tight and fly-tight receptacles and it shall be the responsibility of the owner of the property to ensure that all garbage and refuse is regularly disposed of in a sanitary manner acceptable to the Bladen County Health Department.
(8)
Garage, Yard, Auction and Estate Sales.
a.
Where. RA, R, and C as a Use with Conditions.
b.
Permit Required. No person shall conduct any garage, yard, auction or estate sale without first obtaining a Temporary Use permit from the County.
c.
Signs. Two (2) off-site directional signs may be permitted for each sale, but only during the hours the sale is actively being conducted. Off-site signs must be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day of the sale. No freestanding signs may be placed in the public right-of-way.
d.
Number limited. Not more than two such sales per year shall be held at the premises if occupied by the same family or any member of such family. No single sale shall be conducted for longer than two consecutive weekends, or more than seventy-two hours in a single week.
e.
Hours. Sales may be conducted during daylight hours only.
f.
Unowned premises. No sale shall be permitted on premises not owned or controlled by the person holding the sale. Any violation of this requirement shall be referred to the Zoning Officer for investigation of possible violation of the zoning ordinance, and to the tax collector for investigation of possible violation of the business license taxation ordinance.
g.
Streets and Sidewalks. No person shall obstruct entirely or in part any sidewalk or street in the County by selling or offering for sale at auction or otherwise any goods, wares or merchandise.
(9)
Outdoor Seasonal Sales.
a.
Applicability. Merchants may display and/or sell goods in the County on a temporary basis without establishing a permanent place of business, subject to the standards of this section.
b.
Where. C District as a Use with Conditions.
c.
Standards. A temporary use for the display and/or sale of products shall comply with the following standards.
1.
The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.
2.
The display or sale of goods, products, and/or services shall not occur in the public right-of-way or within 200 feet of an existing residential use.
3.
The display or sale of products, goods and/or services shall be limited in scope to similar or complementary products, goods, and/or services to those offered by the existing principal use located on the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
4.
Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property.
5.
Off-street parking shall be adequate to accommodate the proposed sale of products.
6.
The temporary display or sale of products shall not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.
7.
The hours of operation of the temporary sale of products shall be from no earlier than 7.00 a.m. to no later than 8.00 p.m., or the same as the hours of operation of the principal use.
d.
Duration; Sales per Year.
1.
The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 30 total days per calendar year.
2.
The number of temporary sales of products per site per calendar year shall not exceed three.
(10)
Special Events.
a.
Applicability. The procedures and standards outlined in this section shall apply to all special events (including, but not limited to, cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping) held on private property within the County, unless exempted in accordance with Section 11.4.72(f)(10)d below.
b.
Where Permitted. R-A and C Districts as a Use with Conditions.
c.
Temporary Use Permit Required. All special events subject to this subsection shall have a Temporary Use Permit for a special event reviewed and approved or approved by the Zoning Officer before conducting the special event.
d.
Exemptions. The following events or activities are exempt from the standards and procedures outlined here (i.e., may occur without a Temporary Use Permit for a special event). Such activities may be subject to all other applicable procedures and standards of this Ordinance.
1.
On Grounds of Private Residence. Special events or activities occurring within, or on the grounds of, a private residence or on the common areas of a single-family attached, two- to four-family, or multi-family residential development.
2.
Event Sponsored by County, County or State. Any event sponsored in whole or in part by the County, the County, or the State.
3.
Event or Activity at Site Intended for Such Event or Activity. Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at reception halls, or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at religious institutions.
e.
Conditions. In approving the Temporary Use Permit for the special event, the Zoning Officer is authorized to impose such conditions upon the premises as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The Zoning Officer is authorized, where appropriate, to require.
1.
Provision of temporary parking facilities, including vehicular access and egress.
2.
Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
3.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
4.
Provision of sanitary and medical facilities.
5.
Provision of solid waste collection and disposal.
6.
Provision of security and safety measures.
7.
Use of an alternative location or date for the proposed special event.
8.
Modification or elimination of certain proposed activities.
9.
Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection.
10.
Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
f.
Duration. A Temporary Use Permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the Zoning Officer.
(a)
Where Permitted. Special Use in RA, C, CON and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development of a Wireless Communication Facility outlined in Article 14 of this Ordinance.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(a)
Where Permitted. Special Use in RA, R, C, CON and I Districts.
(b)
Requirements. Shall at a minimum meet the requirements for development as outlined in for the district in which it is located.
(c)
Special Use Permit Required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in Section 6.5. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.