Table 6-1 lists the principal uses that are permitted by right, permitted with a special use permit, permitted subject to an overlay district, or prohibited in each base district. The following is a key to the notations in the table of permitted uses:

Allowed principal uses by district are listed in Table 6-1. Principal uses are further divided into categories based on the general nature of the use. The categories of principal uses are:

(A)

Agricultural uses.

(B)

Residential uses.

(C)

Civic, government and institutional uses.

(D)

Office and service uses.

(E)

Retail and wholesale uses.

(F)

Recreation and entertainment uses.

(G)

Industrial, transportation and utility uses.

Accessory uses are allowed in conjunction with a permitted principal use in accordance with the standards established in section 7.4, Accessory Uses.

Temporary uses are allowed in conformance with the regulations set forth in section 7.5, Temporary Uses.

The listings of permitted and special uses in the various districts in this ordinance are considered to be specific in regard to the types of uses intended for each of the districts. When a proposed use is not specifically listed in the permitted uses table, the ordinance administrator shall determine the most similar use in the table of permitted uses and classify the proposed use in the same manner with respect to whether it is permitted or prohibited in a specific district, as well as for the purposes of applying any special requirements or development standards to such use.

Following his determination of the classification of a proposed unlisted use, the ordinance administrator shall make a written finding and keep a record of such findings to ensure consistent application of such administrative interpretations.

A "P" in the table indicates that the use is permitted by right in the district.

A "S" in the table indicates that the use requires the approval of a special use permit by the board of planning and adjustment.

A blank space under a zoning district column indicates that a use is not permitted in that district. Where a use is listed in the table of permitted uses, but is not indicted as being permitted in any district, such use shall be prohibited throughout the jurisdiction of this ordinance.

An entry under this column in the table indicates the section number of any special requirements applicable to the specified use.

TABLE 6-1: Table of Permitted Principal Uses

(Ord. No. 241203.01, 12-3-24)

Accessory uses are permitted in conjunction with permitted principal uses. To be classified as an accessory use, the proposed use must meet the following standards:

(A)

The proposed use is clearly incidental to the principal use with which it is associated;

(B)

The proposed use is customarily associated with the principal use with which it is associated;

(C)

The proposed use is subordinate in the principal use, meaning that it would not be established without the presence of the permitted principal use;

(D)

The use contributes directly to serving an identifiable need of the permitted principal use; and

(E)

The use is located on the same lot as the permitted principal use with which it is associated.

Uses which do not meet the standards of subsection 7.4.1 above shall be prohibited. In no case shall an accessory use be established prior to the establishment of the permitted principal use on the property on which it is proposed.

Accessory uses shall be in compliance with all other relevant standards of this ordinance.

Temporary uses, events and business activities shall be permitted within districts in which uses of a similar type or character are permitted by-right, subject to the following limitations:

(A)

Temporary uses are limited to a maximum duration of 30 consecutive days on an individual property within the Town's jurisdiction.

(B)

Upon cessation of a temporary use in a particular location, it shall not be reestablished within one mile of the property on which it was located until a period of 60 days has elapsed from the time of cessation of the use.

(C)

No person, firm, corporation or other entity may have more than one active permit for a temporary use at a particular time.

(D)

Temporary uses shall be subject to all relevant parking and access standards established in the Ordinance, and shall not impair or diminish access or the amount of parking required for an existing permanent use on the property upon which it is located, unless the amount of remaining parking is sufficient to meet the minimum parking requirements of the UDO.

(E)

No more than one temporary use is permitted on the same property at a given time.

(F)

Uses which are prohibited within a base district, or permitted only with a special use permit, shall not qualify as a permitted temporary use.

(A)

No adult-oriented business shall be located within 1,000 feet of another adult-oriented business, as measured in a straight line from property line to property line.

(B)

No adult-oriented business shall be located within 1,000 feet of a church, public or private elementary or secondary school, library child day care or nursery school, public park, residentially zoned or residentially used property, or any establishment with an on-premise ABC license, as measured in a straight line from property line to property line.

(C)

Sign content shall consist of text only, and shall not depict or suggest subject matter that is lewd, offensive, sexual or anatomical in nature, as determined by the board of planning and adjustment.

(D)

Screening is required around the entire perimeter of any sexually oriented business. This screening 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 years. This screening shall be located in a 15-foot-wide buffer.

(Ord. No. 241203.01, 12-3-24)

(A)

Minimum lot size shall be as follows:

(1)

One to ten animals .....One acre

(2)

11 to 20 animals .....Two acres

(3)

21 to 30 animals .....Three acres

(B)

For each additional acre beyond three acres, an additional ten animals may be permitted.

(C)

All outdoor kennel structures shall have minimum front, side, and rear yards of 150 feet. There shall be a separation of at least 500 feet between residences on adjoining tracts and any building used for kennel operation.

(D)

Sewage disposal system and sanitation control methods as approved by the county board of health shall be required for all kennels. (This provision shall include, but shall not be limited to, the sanitary removal or disposal of solid waste, carcasses, or any other items deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the health department.)

(A)

Any asphalt plant operations shall be located on a minimum area of ten acres and all plant operations shall be located at least 50 feet from any property line.

(B)

Security fencing, a minimum of six feet in height, shall be provided around the perimeter of the operation.

(C)

Rehabilitation

(1)

Within one year after the cessation of production, all equipment and stockpiles incidental to such operation shall be dismantled and removed by and at the expense of the owner.

(2)

The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties or public drainage ways, nor to appreciably increase the humidity of any natural water course, or to occlude any existing drainage course.

(D)

All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.

(E)

Access

(1)

Access roads leading to any part of the operation shall be constructed with a gravel or asphalt stone surface and maintained in a dust-free manner.

(2)

Access roads shall be located no closer than 15 feet to any property line other than a railroad right-of-way line.

(3)

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

(A)

No such establishment shall be located within 50 feet of any other bar or tavern. The distance shall be measured in a straight line from the zoning lot of the proposed establishment to the nearest point of the lot line for the existing establishment

(B)

No such establishment shall be located within 50 feet of a church, elementary or secondary school, or public park. The distance shall be measured in a straight line from the front, back, or side of the main building of the proposed establishment facing the subject property to the nearest point of the lot line or property, whether such district or use is located within town jurisdiction or not

(C)

The main entrance of the building shall be oriented toward a street where the abutting property is zoned predominantly for non-residential use.

(D)

A minimum of six-foot-high opaque fence shall be erected adjacent to the property line of abutting residences. Materials and final design are subject to the approval of the board of planning and adjustment

(E)

Parking areas related to the establishment shall be located no closer than ten feet to the property line of abutting residences and residentially zoned property.

(A)

No more than six guestrooms may be offered as lodging.

(B)

The use shall only be permitted in a structure that was originally built as a single-family dwelling.

(C)

Where permitted in a residential district, the inn shall be operated by a resident manager.

(D)

The inn shall have no more than one kitchen facility.

(E)

When located in a residential zoning district, meals may not be provided to persons who are not registered guests of the bed and breakfast.

(F)

Guest parking areas may only be located at the side or rear of the residence.

(G)

The maximum length of occupancy for an individual guest of the inn shall be no more than 15 days in any 60-day period.

(A)

No such business shall locate within 500 feet of any other such business, as measured in a straight line from property line to property line.

(B)

No such business shall be located within 500 feet of a church, public or private elementary or secondary school, library, child day care or nursery school, public park, or any establishment with an on-premise ABC license, as measured in a straight line from property line to property line.

(Ord. No. 220712.01, pt. I, 7-12-22)

(A)

No such establishment shall be located within 300 feet of a church, elementary or secondary school, residentially zoned property, or public park. The distance shall be measured in a straight line from the front, back, or side of the main building of the proposed establishment facing the subject property to the nearest point of the lot line or property, whether such district or use is located within Town jurisdiction or not

(B)

The outdoor storage of goods and materials used in assembly, fabrication, or processing shall not exceed 25 percent of the gross floor area of all buildings on the lot.

(C)

Outdoor storage areas shall be screened from view from the public right-of-way and abutting properties in accordance with the screening provisions in Article 8.

(D)

The main entrance of the building shall be oriented toward a street where the abutting property is zoned predominantly for non-residential use.

(E)

A minimum of six-foot high opaque fence shall be erected adjacent to the property line of abutting residences. Materials and final design are subject to the approval of the Board of Planning and Adjustment

(F)

Parking areas related to the establishment shall be located no closer than 30 feet to the property line of abutting residences and residentially zoned property.

Customary home occupations may be established in single family, site-built dwellings as permitted in a residential district. The following requirements shall apply in addition to all other applicable requirements of this chapter for the residential district in which the uses are located:

(A)

No person other than members of the immediate family occupying such dwelling shall be employed in the home occupation.

(B)

No stock in trade (except articles produced by the members of the immediate family residing on the premises) shall be displayed or sold upon the premises.

(C)

No alteration of the principal building shall be made which changes the character thereof as a dwelling.

(D)

No more than 25 percent of the area of the dwelling shall be devoted to the home occupation.

(E)

The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling.

(F)

No chemical, mechanical, or electrical equipment that creates odors, light emissions, noises, or interference in radio or television reception detectable outside the dwelling shall be permitted.

(G)

Only vehicles used primarily as passenger vehicles (such as automobiles, vans, pickup trucks) shall be permitted in connection with the conduct of the home occupation.

(H)

Only one visitor or patron shall be permitted at one time with no on-street parking, except that instructional programs may have two students present at one time.

(I)

Retail sales associated with a home occupation are prohibited, with the exception of art, crafts or similar products that are produced on the premises in association with the home occupation.

(J)

The outdoor storage of equipment, stock, or other materials used in conjunction with the home occupation is prohibited.

(K)

The home occupation may not be open to clients or customers between the hours of 6:00 p.m. and 8:00 a.m.

(L)

No home occupation shall be operated in such a manner as to cause a visual, audible, sensory, or physical nuisance.

(A)

Day cares and schools shall have at least one frontage on a road classified as either a collector or arterial road in the NCDOT Functional Classification System.

(A)

Such uses shall be required to be located on, and take access from, a road classified as an arterial in the NCDOT Functional Classification System.

(A)

The manufactured home shall have dimensions of at least 24 feet of width and 40 feet of length.

(B)

The pitch of the mobile home's roof shall have minimum vertical rise of 2.2 feet for each 12 feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction.

(C)

The exterior siding shall consist predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss white paint), wood, or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.

(D)

A continuous, permanent masonry foundation such as brick, stone, split-faced block (but not standard smooth faced concrete block), unpierced except for required ventilation and access, shall be installed under the mobile home.

(E)

The tongue, axles, transporting lights, and removable towing apparatus shall be removed subsequent to final placement.

(F)

Installation shall be in accordance with North Carolina Department of Insurance Standards.

(G)

Must be placed within manufactured overlay district (MHO). Ref. UDO Article 5 Section 4.5.

(Ord. No. 241203.01, 12-3-24)

(A)

For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

Electronic gaming. The business of electronic gaming as a primary or ancillary business use. Typically, the use of computers, video screens and similar devices to create games of skill, role-playing or chance. For example, video-poker machines for public or private clientele at a business establishment(s) or private club(s) facility would be considered an electronic gaming amusement arcade. This definition shall herein by reference include all manner of electronic gaming machines.

(2)

Electronic gaming machine. A slot machine as defined in G.S. § 14-306(a) and other forms of electrical, mechanical, or computer games such as by way of illustration:

i.

A video poker game or any other kind of video playing card game.

ii.

A video bingo game.

iii.

A video craps game.

iv.

A video keno game.

v.

Eight liner.

vi.

Pot-of-gold.

vii.

A video game based on or involving the random or chance matching different pictures, words, numbers, or symbols not dependent on the skill or dexterity of the player.

(B)

The requirements contained herein or referenced herein do not apply to amusement video game arcades without electronic gaming machines and having less than five amusement video game arcade machines. Said amusement video game arcades are considered as permitted uses by right subject to the town's other zoning regulations and all other town codes including privilege licenses and building standards.

(C)

All requirements contained herein or referenced herein so apply to amusement video game arcades without electronic gaming machines and having more than four amusement video game arcade machines excepting items in subsections (D)(i)—(iv) listed below.

(D)

All requirements contained herein or referenced herein do apply to electronic gaming amusement arcades with electronic gaming machines including:

i.

Maximum number of machines - three (count screens, computers or individual control sets).

ii.

Minimum distance from a residential zone - 300 feet.

iii.

Minimum distance from a church use - 300 feet.

iv.

Minimum distance from a school use - 300 feet.

v.

Minimum ratio of exterior window area to video game room floor area (all machines must be visible from the exterior of the building in order to count window area) - 10 percent.

vi.

Minimum distance of separation from another video game amusement arcade - 300 feet.

(E)

The electronic gaming amusement arcade as an establishment includes parking areas, building, yards, accessory structures, fences and other physical aspects associated with a business use. For example, the distance from the rear parking area of an electronic gaming amusement arcade to an adjoining residential zoning district line must be 300 feet. The distance from an electronic gaming amusement arcade front parking area to a church lawn on the other side of the street must be 300 feet. The distance from the electronic gaming amusement arcade sign on the business use property to the school campus playground must be 300 feet.

(F)

An application is required that produces supplemental information for a special use permit. It is to include a physical address as well as a phone number for the owners of the property, the business owners, the business managers, the video game arcade machines owners, their tax identifications and any sub-lessors. It must contain information as to the method of giving credit, points or other compensation for scores or results including the physical location of the transaction, employees' names and the phone number. It must also contain the serial number and description of the machines by date used at the business. The supplemental information records in the ordinance administrator's office and elsewhere in the town must be updated prior to replacement, new or used, machines being installed.

(G)

A special use permit may be issued for one year at a time. An application for a special use permit must be resubmitted 60 days prior to the expiration of the date of the valid special use permit in order for the permit to be considered eligible for renewal. The procedure for renewal of the special use permit shall be the same as for the original granting of the special use permit.

(A)

Such uses shall be located at least 1,000 feet from the property line of any residentially zoned property.

(B)

All waste products from processing operations shall be stored inside a fully enclosed building.

(A)

No portion of the racecourse perimeter shall be located closer than 300 linear feet from any exterior lot line, except 500 linear feet from any lot line abutting a residential zoning district.

(B)

All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.

(C)

Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the raceway.

(D)

Hours of operation shall be no earlier than 10:00 a.m. and no later than 11:00 p.m.

The following additional standards shall apply to all multi-family and attached single-family (townhome) developments:

(A)

Buildings containing multi-family dwellings shall not exceed a dimension of more than 150 feet across their longest axis.

(B)

No more than six attached dwelling units may be constructed adjacent to each other.

(C)

All buildings or groups of attached dwellings shall be separated by a minimum distance of 20 feet from each other building or group of attached dwellings.

(D)

Access Standards

(1)

No multi-family or attached single-family residential development shall contain more than 20 dwelling units unless it has direct access to a street designated at a minimum as a collector street in the NCDOT Functional Classification.

(2)

No multi-family or attached single-family residential development shall contain more than 60 dwelling units unless it has direct access to at least two streets designated at a minimum as collector streets in the NCDOT Functional Classification.

(3)

No multi-family or attached single-family residential development shall contain more than 100 dwelling units unless it has direct access to a street designated at a minimum as a minor arterial in the NCDOT Functional Classification.

(E)

All private streets or accessways providing ingress and egress from the development to an existing public street shall comply with the current standards of the subdivision regulations, including street drainage, except that no curb and gutter is required and a pavement width of only 20 feet shall be required.

(F)

Developments that are proposed to be developed under the North Carolina Unit Ownership Act shall meet the requirements of that Act by recording the declaration and plan with the Register of Deeds.

(A)

Any area covered by 600 square feet or more of scrap material or seven or more junk vehicles shall qualify as a use of this type.

(B)

A minimum of ten acres is required for such facilities.

(C)

A solid fence or wall not less than eight feet in height shall be placed and maintained around all setback boundaries; an open space setback of at least ten feet shall be maintained around the enclosure; such area shall not be used for storage and shall be grassed and maintained in natural vegetation.

(D)

Weeds and grasses shall be controlled within the facility.

(E)

The height of items inside the facility shall not exceed the height of the barrier fence.

(F)

Items shall not be stored closer than 500 feet to any adjoining residentially zoned or used property.

(G)

Storm water runoff and erosion control measures shall be installed around the site in accordance with state standards.

(H)

All unmounted tires (200 maximum) shall be stored in an enclosed building to prevent the accumulation of storm water within the well of the tire.

(I)

The owner understands that he/she will be financially responsible for any contamination of the site and/or its environs.

(A)

Setback. There shall be 50-foot minimum distance from any property line.

(B)

Use separation. There shall be a 300-foot minimum separation from any residence.

(C)

Access. Access to the landfill shall be controlled with gates, chains, fences, ditches, and/or trees to prevent unregulated dumping.

(D)

Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.

(E)

Operation. No filling is permitted in any flood hazard area. No filling is permitted in minor drainage ways unless the drainage has been piped in accordance with approved plans. No filling is permitted in utility easements.

(F)

Signs. An information board sign shall be posted and maintained at the entrance, listing the name and phone number of the current operator, the types of material accepted and the hours of operation.

(A)

No such establishment shall be located within 50 feet of any other brewery, winery or cidery, or any other micro-brewery, winery, or cidery, or bar or tavern. The distance shall be measured in a straight line from the zoning lot of the proposed establishment to the nearest point of the lot line for the existing establishment

(B)

No such establishment shall be located within 150 feet of a church, elementary or secondary school, or public park. The distance shall be measured in a straight line from the front, back, or side of the main building of the proposed establishment facing the subject property to the nearest point of the lot line or property, whether such district or use is located within Town jurisdiction or not

(C)

The outdoor storage of goods and materials used in assembly, fabrication, or processing shall not exceed 25 percent of the gross floor area of all buildings on the lot.

(D)

Outdoor storage areas shall be screened from view from the public right-of-way and abutting properties in accordance with the screening provisions in Article 8.

(E)

The main entrance of the building shall be oriented toward a street where the abutting property is zoned predominantly for non-residential use.

(F)

A minimum of six-foot-high opaque fence shall be erected adjacent to the property line of abutting residences. Materials and final design are subject to the approval of the board of planning and adjustment

(G)

Parking areas related to the establishment shall be located no closer than ten feet to the property line of abutting residences and residentially zoned property.

(A)

Setback.

(1)

The edges of any pit where a mining operation is taking place, any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial use operated in conjunction with the mine or quarry shall be located at least 50 feet from any property line.

(2)

Where the mining operation site 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.

(B)

Security fencing, a minimum of six feet in height, shall be provided around the perimeter of both existing and abandoned operations.

(C)

Rehabilitation.

(1)

Within one year after the cessation of production at all mining operations, all equipment and stockpiles incidental to such operation shall be dismantled and removed by and at the expense of the owner.

(2)

Except in a case where redevelopment for another permitted use is in progress on the site of an abandoned extraction operation, all excavations shall be graded to reduce the surface to gently rolling topography in substantial conformity to the land area immediately surrounding, and shall be planted with a cover of sod, trees, shrubs, legumes, or grasses which will minimize erosion due to wind or rainfall.

(3)

The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties of public ways, nor to appreciably increase the humidity of any natural water course, or to occlude any existing drainage course.

(D)

All operations involving blasting discernable beyond the external property line of a quarry shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m.

(E)

All unpaved storage areas shall be maintained in a manner, which prevents dust from adversely impacting adjacent properties.

(F)

Access.

(1)

Access roads leading to any part of the operation shall be constructed with a gravel or asphalt stone surface and maintained in a dust-free manner.

(2)

Access roads shall be located no closer than 15 feet to any property line other than a railroad right-of-way line.

(3)

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

(A)

Sales and rental facilities shall be in a permanent building.

(B)

Vehicles for sale or rental shall be set back from public streets and adjoining property lines a minimum of ½ the minimum required building set back.

The following shall be required in any residential (R) district:

(A)

A minimum of one acre shall be required to establish any one of the above uses;

(B)

All structures including secondary and accessory structures shall be located a minimum of 50 feet from any street line and, 20 feet from any other property line;

(C)

Any use listed above located in a residential district on a site greater than three acres shall have frontage on a collector or thoroughfare street;

(D)

Existing uses as described above which do not meet the one-acre minimum requirement of (A) above at the time of the adoption of that provision may expand or be reconstructed provided such expansion or reconstruction meets the minimum dimensional requirements of the district in which located.

(A)

No building, facility, parking area, or active recreational use area associated with an outdoor recreation use may be located within 50 feet of a residentially zoned or used property.

(B)

A Type 2 Buffer shall be maintained between any portion of the property in active use for outdoor recreation and property used for residential purposes when a building, facility, parking area, or active recreational use area is located within 100 feet of an adjoining residential property line.

(C)

Outdoor recreation uses shall not operate between 10:00 p.m. and sunrise.

(A)

Setback

(1)

Storage tanks protected by either an attached extinguishing system approved by the fire marshal, or an approved floating roof, shall not be located closer to an exterior property line than a distance of either the diameter or height of the tank, except that such distance need not exceed 120 feet.

(2)

Storage tanks not equipped as indicated in subsection (A)(1) above shall not be located closer to an exterior property line than a distance equal to ½ times the greater dimension of either the diameter or height of the tank, except that such distance need not exceed 175 feet.

(B)

Above ground storage tanks and loading facilities shall be located a minimum of 500 feet from any existing residence or residentially zoned property.

(C)

Gravel or paved roadways shall be provided to all storage tanks.

(D)

Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of such facilities.

(E)

Dikes.

(1)

Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways, or drainage ways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.

(2)

Dikes or retaining wall shall be of earth, steel, concrete, or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes three feet or more in height shall have a flat section at the top not less than two feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than six feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, drums, or barrels shall be permitted within the diked area.

(3)

Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed so that when in use they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

(F)

Tank maintenance.

(1)

All storage tanks shall be maintained in a leak-proof condition with an adequately painted, rust-free exterior surface.

(2)

A firm substratum shall be constructed under each storage area to eliminate differential subsidence and to prevent the product from seeping.

(3)

All storage facilities shall comply with the latest edition of the "Flammable and Combustible Liquids Code, NEPA 30" of the National Fire Protection Association.

Such uses shall comply with the following standards.

(A)

Yard requirements. The following yard requirements are hereby established:

(1)

Along any public street or public right-of-way, a setback of at least 40 feet from the edge of the public right-of-way shall be maintained;

(2)

A distance of at least ten feet shall be maintained between trailers and/or structures. Any accessory structures such as attached awnings, carports, or individual storage facilities, shall, for the purpose of this requirement, be considered a part of the trailer.

(B)

Open space. A recreational area of not less than ten percent of the gross site area or 2,500 square feet, whichever is greater, shall be maintained in a central and convenient location to all trailer spaces.

(C)

Lot area. The lot for the park shall be a minimum of two acres.

(D)

Density. The density shall not exceed 25 trailer spaces per acre of gross area.

(E)

Parking. Adequate off-street parking and maneuvering space shall be provided on site. The use of any public street, sidewalk, or right-of-way or any other private grounds not a part of the travel trailer parking area for the parking or maneuvering of vehicles is prohibited.

(F)

Streets. All internal roadways shall be stabilized and of adequate width to accommodate the volume and type of anticipated traffic, and in any event, shall comply with the following minimum requirements:

(1)

Internal one-way roadway and roadways on which parking is prohibited shall not extend for more than 500 feet in total length; serve less than 25 trailer spaces; and be at least 11 feet in width;

(2)

Internal one-way roadway and roadways on which parking is permitted on one side and two-way roadways which do not allow parking shall be at least 24 feet in width;

(3)

Internal two-way roadways, which permit parking on one side, only shall be at least 27 feet in width;

(4)

Internal two-way roadways, which permit parking on both sides, shall be at least 34 feet in width.

(G)

Water. Each travel trailer parking area shall be connected to an approved water supply system, which provides an accessible, adequate, safe, and potable supply of water.

(H)

Sewer. An adequate and safe sewer system shall be provided in all travel trailer-parking areas. Such system shall either be a municipal system or a system approved by the appropriate county or state agency vested with the authority to approve sewage disposal systems.

(I)

Buffering. A Type 2 buffer yard shall be provided along any property line that adjoins a property that is used or zoned for residential purposes.

(J)

Service building. A central service building containing all necessary toilets, bathhouses and other plumbing fixtures specified in the most current edition of the North Carolina State Plumbing Code, as amended, shall be provided in all travel trailer-parking areas. Service building shall be conveniently located within a radius of 300 feet to spaces which it serves.

(K)

Solid waste. The storage, collection, and disposal of trash and refuse in the travel trailer parking area shall comply with all applicable regulations of the UDO.

(L)

Duration of stay. Neither any person nor any mobile unit shall occupy a trailer space or the travel trailer parking area for a period in excess of 30 days. A register of all occupants, the space occupied, and the time of arrival and departure shall be maintained.

(A)

Indoor shooting ranges shall be designed to baffle noise so that the maximum sound level at any property line does not exceed 65 dB during range operations.

Subject to the provisions of this section and in accordance with N.C.G.S. 160D-915, the town shall consider temporary family health care structures a permitted accessory use in any zoning district that allows for detached single family dwellings.

(A)

The temporary health care structure must be used by a caregiver of a mentally or physically impaired person, to provide care to the mentally or physically impaired person and must be located on property owned or occupied by the caregiver as the caregiver's residence.

(B)

Caregiver shall be an individual 18 years of age or older who provides care for a mentally or physically impaired person and is the legal guardian or a first or second degree relative of the mentally or physically impaired person for whom the individual is caring. A first or second degree relative shall include a spouse, lineal ascendant, lineal descendent. sibling, uncle, aunt, nephew, or niece and include half, step, and in-law relationships.

(C)

Mentally or physically impaired person shall be a person who is a resident of North Carolina and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in North Carolina. Activities of daily living shall include: bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.

(D)

The temporary family health care structure shall be a transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is:

(1)

Primarily assembled at a location other than the site of installation

(2)

Limited to one occupant who shall be physically or mentally impaired

(3)

Has no more than 300 gross square feet

(4)

Complies with the State Building Code and G.S. § 143-139.1(b); and

(5)

Is not installed a permanent foundation.

(E)

Only one temporary family healthcare structure shall be allowed on a lot or parcel of land. The temporary structures shall not require a special or conditional use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures except as otherwise provided in this section.

(F)

Temporary structure installed pursuant to this section shall comply with the setback requirements that apply to the primary structure in the zoning district the structure is located in.

(G)

Any person proposing to install a temporary family health care structure shall first obtain a permit from the town. The town will charge an initial fee and annual renewal fee for said permit.

(H)

The caregiver must provide evidence of compliance with this section on an annual basis as long as the temporary structure remains on the property. The evidence may involve inspection by the town of the structure at reasonable times convenient to the caregiver.

(I)

The structure may be required to connect to the town's water and sewer systems in accordance with the town code and the town's standard specifications and construction details.

(J)

No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted on the property or on the exterior of the temporary structure.

(K)

When the mentally or physically impaired person is no longer receiving or no longer in need of the assistance provide for in this section, any structures installed pursuant to this section shall be removed within 60 days.

(L)

The town may revoke the permit granted pursuant to this section inf the caregiver violates any provision of this section or applicable state law, the town may seek injunctive relief or other appropriate actions or proceeding to ensure compliance with this section.

(A)

The facility shall meet the Minimum Housing Code.

(B)

A minimum floor space of 50 square feet shall be provided for each individual sheltered.

(C)

A minimum lot area of 20,000 square feet shall be provided.

(D)

A maximum of nine persons shall be sheltered at any one time.

(E)

No such facility shall be located within ¼ mile of an existing facility of a similar nature.

In all residential districts, such plants shall meet the following standards.

(A)

No use shall be made of the site that is not directly related to the operation of the plant.

(B)

All buildings shall meet the minimum yard setbacks for the district in which located or 20 feet whichever is the greater.

(C)

Screening shall be provided adjoining residential property lines with a six-foot high, 90 percent opaque, screen.

(D)

All structures shall be enclosed by a chain link fence at least eight feet in height.

(A)

No tower shall exceed 150 feet in height.

(B)

Towers shall be sited to contain all ice-fall or debris from tower failure on-site. The minimum distance from the tower's base to all points in the property line shall be one and one-half feet to each vertical foot.

(C)

A tower shall be set-back from other on-site and off-site towers and supporting structures, or other arrangements shall be made, such that one tower will not strike another tower or its support structure if it falls.

(D)

Tower lighting shall not exceed the minimum standards of the Federal Aviation Administration (FAA) for an obstruction lighting system contained in the most recent version of Advisory Circular No. 70/7460 or its successor.

(E)

To defeat unauthorized access, the base of the tower shall be surrounded by a fence or wall at least eight feet in height unless the tower is constructed entirely on a building over eight feet in height. Such enclosure shall include a Type 2 Buffer along the perimeter of the fence.

(F)

All telecommunications towers shall be engineered and constructed to accommodate two additional antenna that are at least as large as the largest proposed antenna.

(G)

Tower permit approval is conditional subject to the owner(s) agreeing to allow future collocation of other antenna(s) or transmitting devices upon the proposed tower. This agreement shall be submitted in writing and recorded in the Office of the Register of Deeds.

(H)

Towers shall be of a monopole design to minimize the impact of the tower on the landscape, and shall be painted/finished with a nonreflective surface that is compatible with its setting.

(I)

Any tower not in use for telecommunication purposes for two continuous years shall be removed within 120 days following notification from the ordinance administrator. The written notice, mailed return receipt requested, shall be delivered to both the tower owner identified on the tower permit application and the current property owner.

(J)

Property located within the tower's fall area shall not be subdivided and no structures, other than those accessory to the tower, shall be erected therein as long as the tower is standing. An easement or deed restriction prohibiting such use or development shall be filed with the Cleveland County Register of Deeds prior to the issuance of a zoning permit for construction.

(K)

A sign identifying the owner(s) and/or operator(s) of the tower and an emergency telephone number shall be displayed in a clearly visible location on the tower's premises.