1.   An accessory dwelling may be attached, within, or separate from the principal dwelling.

   2.   The principal use of the lot shall be a detached or attached dwelling, built to the standards of the North Carolina Housing Code. Manufactured homes shall not be used as accessory dwellings.

   3.   No more than one (1) accessory dwelling shall be permitted on a single deeded lot, a minimum of 3 acres in size, in conjunction with the principal dwelling unit.

   4.   The accessory dwelling shall be owned by the same person as the principal dwelling.

   5.   The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from a street.

   6.   A detached accessory dwelling without a special use permit shall be housed in a building not exceeding six hundred fifty (650) square feet of first floor area (maximum footprint); any detached accessory dwelling that exceeds six hundred fifty (650) square feet of first floor area requires a special use permit. To qualify for the special use permit, the structure shall not exceed fifty percent (50%) of the first floor area of the principal dwelling or exceed the maximum thirty percent (30%) of the required rear yard for all accessory buildings, whichever is less. The structure may be dwelling only or may combine dwelling with garage, workshop, studio, or similar use.

   7.   A detached accessory dwelling shall be located in the established rear yard and meet the standards for the applicable building and lot type, Article E.

   8.   An accessory dwelling must be registered with the City Planner at the time a certificate of occupancy is obtained.

(Ord. of 12-7-04, No. 37-02; Ord. of 12-4-06, No. 22-06; Ord. of 2-3-20, No. 04-20; Ord. of 6-21-21, No. 41-21)

   1.   No adult business may locate within one thousand (1,000) feet of another adult business, residential zoning district, school (public or private), church, day care, public park or public playground, measured in a straight line from entrance to entrance.

   2.   No adult business shall display complete nudity.

   3.   Operating hours may not begin before 8:00 a.m. or end after 2:00 a.m.

   4.   No adult business shall contain any overnight facilities.

   5.   No adult business shall include individual viewing rooms. (Ord. of 12-7-04, No. 37-02)

   Airports are permitted in the M-1 District subject to a special use permit, according to the procedures of Section 9-3-267.2.

   The Board of Adjustment shall issue a special use permit for the subject facility in the Manufacturing District if, but not unless, the evidence presented at the special use permit hearing establishes:

   1.   That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and

   2.   That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and

   3.   That the proposed use will not constitute a nuisance to properties located in residential or mixed use districts or developed for residential purposes with respect to noise, dust, fumes, light, vibration, or traffic; and

   4.   That the proposed use will comply with all applicable Federal Aviation Administration regulations. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   1.   Outdoor amusement facilities will be separated by an opaque screen from any abutting property located in a residential or mixed use district;

   2.   No amusement facilities, such as miniature golf courses, skateboard courses, or mechanical rides shall be located within two hundred (200) feet of any abutting property located in a residential district;

   3.   Hours of operation will be no earlier than 6:00 a.m. and no later than 12:00 midnight. (Ord. of 12-7-04, No. 37-02)

   The outdoor service area of a car wash shall be placed and screened in accordance with the standards for off-street parking, Article H. (Ord. of 12-7-04, No. 37-02)

   1.   Tombstones, monuments and similar items must be located at least twenty-five (25) feet from any street right-of-way or abutting property line. Crypts, mausoleums and other similar structures must be located at least fifty (50) feet from any street right-of-way or abutting property line.

   2.   Buildings for maintenance, management, rent and/or sale of cemetery lots must conform to a building type permitted in the zoning district. (Ord. of 12-7-04, No. 37-02)

   The scale and activity level of churches is a function of size and the range of accessory uses associated with the institution; very high activity levels have the potential to be disruptive to residential and small scale mixed use areas. To diminish disruptive impacts by ensuring appropriate location and design standards, the development and expansion of religious institutions and accessory uses in the R-1, R-2 and B-1 Districts shall meet the following standards:

   1.   Churches shall meet the standards for civic building and lot type, Article E.

   2.   Development standards:

   a.   Exterior lighting shall be directed or screened so as to protect the privacy of the private living areas and associated open spaces of adjacent residential properties.

   b.   Accessory dwelling units for persons associated with or employed by the church may be provided at a ratio of one (1) unit for each three (3) acres of site; these limits do not apply to the placement of convents, rectories, parsonages or similar uses on the site.

   3.   Accessory uses such as church offices, religious bookstores serving the immediate congregation, parking lots, family life centers, multi-purpose facilities, outdoor recreational facilities, and day care centers on the same site or sites contiguous to the principal use shall be permitted wherever churches are permitted and shall meet the civic building and lot type, or another building and lot type permitted in the zoning district. Similar uses on non-contiguous sites or on a site separated from the principal use by a public street shall be considered principal uses in their own right and be regulated as such.

   4.   Church accessory uses which are not permitted as principal uses in a district shall adhere to the following restrictions:

   a.   No merchandise or merchandise display shall be visible from outside the building;

   b.   No business or identification sign pertaining to the accessory uses shall be visible from outside the building;

   5.   Except as noted in subsection 4. above, accessory uses not permitted as principal uses (including television stations, radio stations, printing presses, or sports complexes) are prohibited. This provision shall in no way restrict accessory use family life centers and multipurpose facilities, a part of whose function may include recreation and sports activities.

   6.   Application for a zoning permit shall include a comprehensive site plan which addresses the required standards and conditions for the main site and all abutting holdings. (Ord. of 12-7-04, No. 37-02)

   All animal-holding facilities of six (6) or more animals, enclosed or outdoor, shall be at least one hundred (100) feet from any property line. The outdoor containment of animals shall be at least five hundred (500) feet from any residential district or development. (Ord. of 12-7-04, No. 37-02)

   1.   Child day care center.

   a.   A center must meet a permitted building and lot type for the district in which it is to be located.

   b.   Play space must be provided in accordance with the regulations of North Carolina Department of Human Resources.

   c.   Outdoor play space must be enclosed on all sides by building, and/or permitted types of walls or fences; it may not include driveways, parking areas, or land otherwise unsuited for children’s play space; play space may not be in the established front yard.

   2.   Adult day care center.

   a.   A center must meet a permitted building and lot type for the district in which it is to be located.

   b.   There is no limit on the hours of operation of an adult day care center, but it shall not serve any client on more than a continuous twelve (12) hour basis.

   3.   Child day care home, small.

   a.   The day care operation must be located within the residential dwelling unit occupied by the operator of the service. Preschool instruction and daytime care is limited to six (6) children not related to the operator.

   b.   A child day care home shall meet the following standards:

   (1)   Play space must be provided in accordance with the regulations of the North Carolina Department of Human Resources.

   (2)   Outdoor play space must be fenced or otherwise enclosed on all sides and may not include driveways, parking areas, or land otherwise unsuited for children’s play space; it is prohibited in any established building setback from a street.

   (3)   Chain link and similar fencing materials shall be planted on exterior side with evergreen shrubs minimum three (3) feet in height and six (6) feet on center at installation, or be obscured by a comparable screening treatment.

   (4)   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

   (5)   There are no specific limitations on the hours of operation of a day care home, but no outdoor play shall be permitted after sundown.

   4.   Adult day care home, small.

   a.   An adult day care home must be located within the residential dwelling unit occupied by the operator of the service. Care is limited to no more than six (6) adults who do not reside in the dwelling.

   b.   An adult day care home shall meet the following standards:

   (1)   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

   (2)   There is no limit on the hours of operation of an adult day care center, but it shall not serve any client on a continuous twenty-four (24) hour basis. (Ord. of 12-7-04, No. 37-02)

   1.   Drive-through service windows, stacking lanes, and circulation are prohibited in the established front setback of the principal building, or in an established side yard which abuts a street;

   2.   Drive-through service windows, stacking lanes, and circulation are treated as components of off-street parking for the purposes of screening (Article H);

   3.   The length of on-site stacking lane(s), taken together, shall be a minimum of two hundred (200) feet if window access is provided directly from a major or minor thoroughfare; a minimum of one hundred (100) feet if window access is provided directly from a street of lesser capacity.

   4.   The drive-through lane(s) must be distinctly marked by special striping, pavement markings, or traffic islands. A separate circulation drive must be provide for passage around and escape from the outermost drive-through service lane.

   5.   Screening is not required for walk-up service accessories such as depositories and ATM’s. (Ord. of 12-7-04, No. 37-02)

   Duplexes are permitted on corner lots in any residential or mixed-use district according to the following standards:

   1.   The entrances to each unit in the structure will face different streets;

   2.   The dwelling must meet the minimum front yard setback from both streets upon which a unit faces;

   3.   The lot has at least 1.5 times the minimum lot area, if any, for the district;

   4.   Duplexes which meet the standard for the attached house or the apartment building are permitted without corner lot restrictions in those districts which permit attached housing and apartment building types. (Ord. of 12-7-04, No. 37-02)

   1.   Utility distribution lines, which deliver service to the end user from a substation fed by a transmission line providing service to an area larger than the individual parcel or project area, should be installed underground, unless subsurface conditions make underground installation not possible or practical.

   2.   Facilities used for the operation of essential services should, whenever possible, be located on interior properties rather than on properties aligned with other lots that have continuous street frontage.

   3.   Buildings and other structures which cannot adhere to the scale, volume, spacing, setback and typology of existing buildings along fronting streets shall be provided an opaque screen to shield the view from all public rights-of-way and from abutting properties. (Ord. of 12-7-04, No. 37-02)

   Essential Services, Class 3, are permitted in any district subject to a special use permit, according to the procedures of Section 9-3-267.2.

   The Board of Adjustment shall issue a special use permit for the subject facility if, but not unless, the evidence presented at the special use permit hearing establishes:

   1.   That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and

   2.   That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and

   3.   That the proposed use will not constitute a nuisance to properties located in residential districts or developed for residential or institutional purposes with respect to noise, dust, odors, light, vibration, or traffic; and

   4.   That area of active use will be enclosed by a fence, not easily climbable, at least six (6) feet in height, and the fence must be located at least twenty (20) feet from the public street right-of-way and one hundred (100) feet from abutting property lines; and

   5.   That a minimum separation of one hundred (100) feet, fully vegetated, will be provided between the fenced use area and any abutting property line; existing vegetation shall be preserved to the extent practicable and supplemented with new plantings as may be required to provide a year-round opaque buffer from abutting properties; and

   6.   That the site shall be screened from the street(s) by a screen composed of a masonry wall or a solid fence, planted on the exterior side with a semi-opaque vegetative screen with expected height of at least eight (8) feet at maturity; security fencing shall be placed on the interior side of the vegetation and wall or fence. (Ord. of 12-7-04; No. 37-02; Ord. of 6-21-21, No. 41-21)

   A home occupation is permitted accessory to any dwelling unit (except manufactured housing) in accordance with the following requirements:

   1.   The home occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling.

   2.   The use shall employ no more than one (1) person who is not a resident of the dwelling.

   3.   A home occupation housed within the dwelling shall occupy no more than twenty-five percent (25%) of the total floor area of the dwelling.

   4.   There shall be no visible outside display of stock in trade which is sold on the premises.

   5.   There shall be no outdoor storage or visible evidence of equipment or materials used in the home occupation, excepting equipment or materials of a type and quantity that could reasonably be associated with the principal residential use.

   6.   Operation of the home occupation shall not be visible from any dwelling on an adjacent lot, nor from a street.

   7.   Only vehicles used primarily as passenger vehicles will be permitted in connection with the conduct of the home occupation.

   8.   The home occupation shall not utilize mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisances outside the dwelling or accessory structure housing the home occupation.

   9.   Home occupations shall be limited to those uses which do not draw clients to the dwelling on a regular basis.

   10.   No business identification or advertising signs are permitted.

   11.   All home occupations shall require a zoning permit. Permits are not transferable from person to person or from address to address.

   12.   Hobbies shall not be subject to the requirements of this section unless such hobby generates a gross yearly income of one thousand dollars ($1,000.00) or more.

   13.   There may be one (1) annual inspection by the city staff to ensure the home occupation is operating within the requirements specified by this chapter. The city staff shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by the zoning permit for safety and compliance purposes.

   14.   In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 7:00 p.m.

   15.   No more than one (1) home occupation shall be permitted within any single dwelling unit.

   16.   There shall be no deliveries to or from a home occupation with a vehicle larger than a three-quarter ton truck.

   17.   No home occupation shall cause an increase in the use of any public utilities or services (water, sewer, garbage collection, etc.) so that the combined total use for dwelling unit and home occupation purposes exceeds the average for residences in the neighborhood.

   18.   Home occupations shall comply with all local, state, and federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.

   19.   Any non-conforming home occupation shall be discontinued or comply with all applicable provisions of this section within sixty (60) days after the home occupation first became non-conforming.

   20.   The following uses are permitted in a home occupation:

   a.   Architectural, drafting, and graphic services;

   b.   Art restoration;

   c.   Art/photography studio;

   d.   Beauty salons;

   e.   Consulting offices;

   f.   Contracting offices;

   g.   Data processing;

   h.   Dressmaking, sewing, and tailoring;

   i.   Electronic assembly and repair;

   j.   Engineering services;

   k.   Financial planning and investment services;

   l.   Flower arranging;

   m.   Gardening and landscaping services;

   n.   Home catering and food preparation businesses, subject to the approval of the Catawba County Health Department;

   o.   Home crafts;

   p.   House cleaning services;

   q.   Insurance sales broker;

   r.   Interior design;

   s.   Jewelry making and repair;

   t.   Locksmith;

   u.   Mail order (not including retail sales from the site);

   v.   Real estate sales broker;

   w.   General sales representative;

   x.   Tutoring;

   y.   Furniture upholstering.

   21.   The following uses are prohibited in a home occupation:

   a.   Appliance and small engine repair;

   b.   Auto repair, major and minor;

   c.   Auto painting;

   d.   Carpentry/cabinet making;

   e.   Dance studios;

   f.   Furniture construction;

   g.   Machine shops;

   h.   Rental businesses;

   i.   Tow truck services;

   j.   Welding shops;

   k.   Other uses not listed as a permitted use. (Ord. of 12-7-04; No. 37-02; Ord. of 8-7-06; No. 18-06)

   1.   Buildings constructed in association with neighborhood recreation or outdoor recreation shall meet one (1) of the building types permitted in the zoning district.

   2.   Permanent parking lots shall meet the standards of Article H.

   3.   Service areas will be separated by an opaque screen from the view from any street and from abutting properties.

   4.   Chain link and similar fencing materials, if used, shall be planted on exterior side with evergreen shrubs minimum three (3) feet in height and six (6) feet on center at installation.

   5.   Outdoor lighting associated with outdoor recreational facilities shall not shine directly into yards of a residential use or into the windows of a residential structure.

   6.   Hours of operation will be no earlier than 7:00 a.m. and no later than 11:00 p.m. (Ord. of 12-7-04, No. 37-02)

   1.   Neighborhood gasoline stations, by definition, permit retail sale of gasoline and convenience products and the minor service and repair of motor vehicles; they have no more than one (1) fueling canopy for gasoline sales and may not have more than four (4) fuel pumping stations allowing the simultaneous fueling of eight (8) motor vehicles. Highway Business (B-3 District) gasoline stations are unlimited as to gasoline sales area.

   2.   Buildings shall meet the requirements of Article E, Building and Lot Types.

(Ord. of 12-7-04, No. 37-02; Ord. of 3-1-21, No. 32-21)

   1.   Vehicles and boats for sale/rental may be displayed in a side yard, so long as:

   a.   Vehicles and boats for sale/rental are in operable condition;

   b.   The display area meets the standards for a parking lot (Article H);

   c.   The display area is screened from abutting properties (Article K).

   2.   Nothing in this section shall prohibit a break in a planted screen or wall for the crossing of a driveway which provides access to on-site parking from the fronting street or a rear alley, or access between the parking lots of abutting businesses.

(Ord. of 12-7-04, No. 37-02; Ord. of 10-5-15, No. 06-15; Ord. of 3-1-21, No. 32-21)

   1.   Outdoor storage defined:

   a.   Includes all goods and materials not returned to an enclosed building at the end of each business day; regardless of whether such goods or materials are kept on the premises for retail sale, wholesale sale, storage, or use by a business on or off the lot; (to be classified as goods for sale and therefore exempt from regulation as outdoor storage, items must be placed within an enclosed building at the end of each business day);

   b.   Includes up to two (2) storage trailers placed on a single lot or in conjunction with a single principal use;

   c.   Includes all items awaiting or in process of repair except customary passenger vehicles awaiting repair which are not visibly damaged or are not used or intended to be used as “parts” vehicles; (rather than being considered outdoor storage, such vehicles may await repair in any conforming off-street parking lot associated with the principal use);

   d.   Includes vehicles with more than two (2) axles, boats, manufactured homes, and trailers of tractor trailers awaiting or in process of repair;

   e.   Does not include construction equipment.

   2.   Outdoor storage, where expressly permitted, may be established on a lot according to the following standards:

   a.   Where permitted as an accessory use in conjunction with a building, the area of storage shall not be placed in any established yard abutting a street;

   b.   Where permitted as a principal use on a lot, the area of storage shall be no closer than forty (40) feet from an abutting street right-of-way;

   c.   All areas established for outdoor storage shall be screened from view from the street(s) and from all abutting properties (Article K); wherever security fencing is desired, it shall be placed on the interior side of the opaque screen.

   d.   All areas of storage shall be paved.

(Ord. of 12-7-04, No. 37-02; Ord. of 3-1-21, No. 32-21)

   Outdoor storage of construction equipment, where expressly permitted, may be established on a lot according to the following standards:

   1.   Where permitted as an accessory use in conjunction with a building, the area of storage shall not be placed in any established yard abutting a street;

   2.   Where permitted as a principal use on a lot, the area of storage shall be no closer than forty (40) feet from an abutting street right-of-way;

   3.   The area of outdoor storage shall be screened from view from the street(s) and from all abutting properties by an opaque screen (Article K); wherever security fencing is desired, it shall be placed on the interior side of the opaque screen.

   4.   All areas of storage shall be paved.

(Ord. of 12-7-04, No. 37-02; Ord. of 3-1-21, No. 32-21)

   Parking lots not associated with a building shall adhere to the standards of Article H, except that parking lots may be constructed up to the prevailing established setback line for structures within three hundred (300) feet in either direction on the same side of the street. The prevailing established setback applies for both the fronting street and any abutting side street. (Ord. of 12-7-04, No. 37-02)

   1.   Buildings constructed in association with a park or greenway shall meet one of the building types permitted in the zoning district.

   2.   Permanent parking lots associated with parks and greenways shall meet the standards of Article H.

   3.   Dust-free, pervious surface areas are encouraged for overflow or event parking; such areas, if maintained in a natural condition, need not conform to Article H.

   4.   Service areas shall be separated by an opaque screen from view from any street and from abutting properties (Article K).

   5.   Outdoor lighting associated with active outdoor recreation shall not shine directly into yards associated with a residential use or into the windows of a residential structure.

   6.   Hours of operation of outdoor recreation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. for uses located in or abutting a residential district. (Ord. of 12-7-04, No. 37-02)

   1.   The use shall 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, NEPA 30" of the National Fire Protection Association.

   2.   All storage tanks and loading facilities will be located at least one hundred (100) feet from any exterior property line.

   3.   Vehicle access to the use shall be provided by way of a major or minor thoroughfare, or a commercial street directly intersecting a thoroughfare. (Ord. of 12-7-04, No. 37-02)

   1.   Schools shall design principal buildings to the standards of civic buildings and lots, Article E. Accessory and incidental buildings may be placed within a street fronting yard if they conform to a building and lot type permitted in the zoning district. Buildings which do not so conform shall be placed within established rear and side yards which do not abut a street.

   2.   Permanent parking lots associated with schools shall meet the standards of Article H.

   3.   Notwithstanding sections 1. and 2. above, where the safe transport of students requires functional separation of parking and circulation areas (i.e. school bus, auto drop-off, etc.), the location of parking and circulation according to building and lot type may be modified, so long as street abutting parking and circulation areas are, to the extent practicable, detailed as plazas.

   4.   Dust-free, pervious surface areas are encouraged for overflow or event parking; such areas need not conform to Article H if they are maintained in a natural condition (for example, as a grassed field).

   5.   Service areas shall be separated by an opaque screen from the view from any street and from abutting properties (Article K).

   6.   Where chain link and similar fencing material are installed in an established yard abutting a street, such fencing shall be planted on the exterior side with evergreen shrubs minimum three (3) feet in height (expected height at maturity minimum six (6) feet), six (6) feet on center at installation.

   7.   Outdoor lighting associated with active outdoor recreation shall not shine directly into yards of a residential use or into the windows of a residential structure.

   8.   Elementary and junior high/middle schools shall be located on streets sized to accommodate traffic volumes of background uses plus the additional traffic projected to be generated by the school(s).

   9.   High schools shall be on a lot which abuts a minor or major thoroughfare; primary vehicular access shall be provided from the thoroughfare. (Ord. of 12-7-04, No. 37-02)

   1.   The establishment of temporary sales lots for farmers markets, Christmas trees, and other seasonal agricultural products, plus related goods, is permitted for up to a maximum of three (3) months upon the issuance of a temporary use permit by the Zoning Administrator. The following conditions apply.

   a.   Storage of goods in or sale of goods from trailer(s) on the site is prohibited.

   b.   The use may only be located on a vacant lot or on a lot occupied by a nonresidential use.

   c.   The use shall be conducted behind the prevailing established setback line for structures within three hundred (300) feet in either direction on the same side of the street.

   d.   Off-street parking may be provided behind or to the side of the established use, but not forward of the prevailing established setback line, defined in c. above.

   e.   On-site parking may be provided on a dust-free, pervious surface area and need not comply with Article H.

   f.   Signs on the premises of a temporary use shall meet the same standards as the correlative building and lot type permitted in the district.

   2.   Temporary accessory structures, including but not limited to school mobile classrooms and temporary offices placed on development sites during construction and sale of buildings, are permitted for up to a maximum of two (2) years, renewable thereafter in one (1) year increments, upon the issuance of a temporary use permit by the Zoning Administrator. Such structures shall meet the standards for building and lot type to the extent practicable, given the location of existing buildings and improvements on the site and location of permitted construction areas. Temporary structures associated with construction projects shall be removed upon completion of construction. (Ord. of 12-7-04, No. 37-02)

   1.   Transit shelters may be located within any street right-of-way or within an established yard fronting a street, but may not be located so as to obstruct the sight distance triangle.

   2.   Only governmental signs are permitted in association with a transit shelter.

   3.   If constructed by other than the City of Claremont, a schematic plan must be submitted and approved by the City Council. The plan must include the following:

   a.   The location of the proposed shelter relative to street, property lines, and established building yards; and

   b.   The size and design of the shelter, including front, side, and rear elevations, building materials, and any public convenience or safety features such as telephone, lighting, heating, or trash containers.

   4.   A building permit shall be issued only after approval by the City Council of the proposed schematic plan in subsection 3. above.

   5.   A transit shelter located within a street right-of-way or an established yard may be removed by the City of Claremont if the City Council determines that it no longer serves the best interest of the public. (Ord. of 12-7-04, No. 37-02)

   Trucking terminals are permitted in the Manufacturing District provided:

   1.   The area designated for truck parking shall be located no closer than forty (40) feet from an abutting street right-of-way. Truck parking areas are not classified as parking lots. Therefore they are exempt from the standards of Article H, but subject to the alternative standard in subsection 2. below.

   2.   The area of truck parking shall be screened from view from the street(s) and from all abutting properties by an opaque screen; wherever security fencing is desired, it shall be placed on the interior side of the screening materials.

   3.   The use shall be located on or directly accessible to a major thoroughfare, expressway, or freeway; truck terminals shall not be sited such that residential or city streets are regularly traversed to access the larger capacity road. (Ord. of 12-7-04, No. 37-02)

   Electronic gaming operations are permitted in the B-3 Highway Business district provided:

   1.   No more than ten machines/terminals/ computers for gaming operations may be permitted per licensed location.

   2.   Each game proposed and operated shall have a letter from either the local District Attorney’s office or the NC Attorney General’s office that the games are legal games in North Carolina.

   3.   No portion of a zoning lot on which a gaming operation is located may be within 500 feet of another electronic gaming operation or a residential zoning district, or 1,500 feet of any religious institution, elementary school, middle school, high school, recreation center or park.

   4.   Gaming operation may only operate between the hours of 8:00 a.m. and 10:00 p.m.

   5.   No electronic gaming operation at any time shall be operated or supervised by a person less than 18 years of age.

   6.   No person under the age of 18 years shall be permitted to play, use, or otherwise operate electronic machine, terminal, computer or other electronic device permitted under this section.

   7.   Any violation of any of the city’s code of ordinances shall be grounds for revocation of the license.

(Ord. of 6-4-12, No. 15-11; Ord. of 9-4-12, No. 03-12; Ord. of 2-3-20, No. 04-20)

   Utility scale solar energy systems are permitted in the R-2 Residential Agriculture and M-l Manufacturing districts provided:

   1.   Utility scale solar energy systems in M-l district shall meet all setback, parking, and buffer requirements for that district.

   2.   Utility scale solar energy systems located in R-2 district shall meet the buffer requirements of and M-l use abutting residential district.

   3.   Utility scale solar energy systems located in R-2 district must meet the setback requirements of M-l district.

   4.   Ground mounted solar power collection and electrical generation structures shall not exceed 25 feet in height.

   5.   All equipment shall be located and situated so glare is not to interfere with traffic on public streets or highways or the reasonable use of residential property.

   6.   All components of a utility scale solar energy system must meet all applicable building, electrical and safety codes.

   7.   Utility scale solar energy systems shall be designed to blend into the architecture of the neighboring buildings and landscape or be screened from view.

   8.   Solar energy systems that exceed the lOkW threshold but will be used in conjunction with an existing, lawful use on the same property, are allowed, provided that:

   a.   They are located and situated so glare is not to interfere with traffic on public streets or highways or the reasonable use of neighboring property;

   b.   Roof mounted systems shall not extend more than 10 feet from the top of the roof;

   c.   The total height of the building including the solar collection and power generation devices shall comply with the District height regulations;

   d.   Ground-mounted systems shall not be located in any required front yard and shall be screened from view from neighboring property or public streets;

   9.   In the event a solar farm ceases operation as an ongoing business entity, the site must be restored to its former state of development. A plan for decommissioning shall be filed with the city; a fine of up to $50 per day may be assessed if a plan is not filed with the city and a site is not longer in service. A fine of up to $50 per day may be assessed each day that the site is not restored beyond the approved deadline for final removal.

(Ord. of 9-4-12, No. 03-12)

   1.   Temporary health care structures are permitted as accessory uses to single-family homes, if a zoning permit is obtained from the town.

   2.   A temporary health care structure is defined as a "transportable residential structure, providing an environment facilitating a caregivers's provision of care for a mentally or physically impaired person, that is (i) primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

   3.   Temporary health care structures should adhere to setbacks for principal structures in the R-l district.

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

   5.   Any temporary family health care structure installed shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary health care structure is needed for another mentally or physically impaired person, the temporary health care structure may continue to be used.

   6.   Only one temporary health care structure is permitted per lot.

(Ord. of 10-5-15, No. 07-15)

   1.   Area designated for auto storage must not be within 300 feet to residentially-zoned property nor property used for residential purposes.

   2.   Auto salvage uses cannot be within 100 feet of any downstream lake, river, creek, tributary or pond.

   3.   Cars that are stored cannot be visible from public right-of-ways.

   4.   Cars may not be stacked more than 2 cars high.

   5.   Area designated for auto storage must be between 3 and 10 acres auto salvage uses are not eligible for the 10/70 watershed permit.

   6.   Area designated for auto storage must not be within 100 feet to any public right-of-way nor within 50 feet from any adjacent property.

(Ord. of 5-1-17, No. 5-17)

   1.   Temporary outdoor storage in this context, as defined and regulated in section 9-3-99 (lc and 2a-2c) of this code, shall be allowed for not longer than thirty (30) days.

   2.   Only five (5) or fewer such vehicles may be stored and/or parked on the property for not longer than thirty (30) days as an accessory use so long as each vehicle is completely enclosed within a vegetated buffer or screen wall/fence. Any disassembled vehicles awaiting parts or repair for 24 hours or longer shall be covered or screened.

   3.   The site shall be landscaped according to the buffer requirements of Article K.

   4.   The premises shall be kept in a neat and orderly condition of reasonable repair and appearance at all times.

   5.   No work shall be performed on automobiles between the hours of 6:00 p.m. and 7:00 a.m., Monday through Saturday. No work shall be performed on Sundays.

   6.   In the case of new construction, automotive repair garage doors to service bays should not face abutting street fronts or residential districts.

(Ord. of 5-1-17, No. 5-17)

   1.   A contractor storage yard is a storage yard for the storage of construction materials and equipment upon a parcel upon which there is the primary office building of the contractor. The contractor's storage yard may have an accessory building located in accordance with Sec. 9-3-33. Indoor or outdoor storage of construction equipment and materials in a contractor storage yard, in districts where expressly permitted, shall be subject to the following conditions.

   2.   A site plan meeting the following requirements shall be submitted to the City Planner prior to the issuance of a zoning permit.

      a.   Storage materials and equipment shall not be placed in any landscape buffer yard or building setback;

      b.   Storage shall be no closer than 150 feet from an abutting street right-of-way and shall be located in the rear yard behind the primary structure;

      c.   The area of storage, except for driveway access, shall be screened from view by a 40-foot wide opaque vegetative buffer from the street(s) and all abutting residentially zoned properties. The performance of existing foliage, a combination of existing and supplemental foliage, or new foliage to achieve an opaque screen shall be used to meet the buffer requirements. The site plan shall call out buffer materials and sizes, using a variety of evergreen materials achieving a minimum of an 8 foot high opaque screen within 3 years of planting. Two-inch caliper trees and 3 gallons shrubs are required at time of planting and shall be installed in an undulating pattern to aid the screening of storage and depicted in a detail on the site plan. All landscape materials shall be maintained to achieve compliance; should material become dead, diseased, or dying replacement is required with the same size and type, unless approved by the City Planner.

      d.   Wherever security fencing is desired, it shall be placed on the interior side of the opaque landscape buffer.

      e.   Article H: Off-Street Parking and Loading Requirements shall be met and shown on the site plan.

      f.   A note shall be placed on the site plan as follows, "The property owner is responsible for removing all objectionable materials, such as but not limited to mud that is spilled, washed, or tracked onto the public road".

      g.   Approved site plans for contractor storage yards are exempt from the 25% square footage limitations of Sec. 9-3-56e.

      h.   Contractor storage yards are exempt from trailer limitations of Sec. 9-3-99.1.b and l.d for outdoor storage.

(Ord. of 6-5-23, No. 2-23; Ord. of 9-11-23, No. 06-24)