2-1.1   ZONING DISTRICTS ESTABLISHED

(A)

Jurisdiction .....All the area within the zoning jurisdiction of the adopting jurisdiction is hereby divided into zoning districts within which the use of land and water areas, the location, height, bulk and use of structures, the provision of parking and loading areas, and other development requirements are regulated as herein provided.

(B)

Designated Districts .....General use districts, special use districts, overlay and special purpose districts, with the symbol designations, general purposes, and other requirements as cited herein, are hereby created.

(C)

Special Use District

(1)

Purpose. .....…The Village of Clemmons Charter authorizes the creation of special use zoning districts proposed by the landowners and customized to the context of a particular development project or land use on a particular site. Each special use zoning district includes reasonable conditions as the Elected Body determines to be desirable in promoting public health, safety, and general welfare.

(2)

Base Standards for Special Use Districts. .....For each general use district, this Ordinance establishes corresponding special use districts that have the same requirements as the general use district, except for MRB-S. Each special use district is intended to accomplish the purposes of the corresponding general use district through the development of identified uses at a specific location in accordance with a site plan acceptable to the Elected Body.

(3)

Conditions and Requirements.

(a)

The approval for each special use district shall specify all conditions of development and use of land that differ from the requirements of the corresponding general use district. Specific conditions may be proposed by the petitioner, by staff, Planning Board, or by the Elected Body, but only those conditions approved by the Elected Body and consented to by the petitioner in writing may be incorporated into the zoning regulations. Such conditions may be stricter than the corresponding general use district. The conditions contained in a special use district permit issued by the Elected Body are reasonable conditions as the Elected Body determines to be desirable in promoting public health, safety, and general welfare. The conditions contained in a special use permit may include:

(i)

Location of proposed use on the property;

(ii)

The number of dwelling units;

(iii)

The location and extent of support facilities such as parking lots, driveways, and access streets;

(iv)

Location and extent of buffer areas and other special purpose areas;

(v)

The timing of development; and

(vi)

Such other matters as the petitioner may propose and the Elected Body may find appropriate.

(b)

The conditions of a special use zoning district may also relax applicable dimensional standards, as long as the uses permitted by the corresponding general use district are not expanded, and the density of overall development is not increased beyond the density allowed in the corresponding general use district. Reductions of dimensional standards are designed to help a proposed project work on a site with physical constraints and to promote infill and redevelopment.

(c)

Dimensional Standards. .....Dimensional standard modifications are adjustments to the dimensional standards of this Ordinance. Dimensional standards may only be modified by request from the petitioner that specifies reasons for the request with supporting evidence. Dimensional standard modifications are limited to:

(i)

Sections in this Ordinance where Alternative Compliance is allowed;

(ii)

Reduction, modification, or elimination of Bufferyard requirements in Section B.3-5 upon information provided by petitioner that (1) they have complied with Bufferyard requirements in Section B.3-5 to the maximum extent practicable and (2) adjoining parcels are similar in use and intensity (e.g., government office zoned RS-15 abutting an office zoned LO).

(iii)

Reductions or modification of minimum setbacks and maximum height requirements in Section B.2-1.1 through B.2-1.5 and B.3-1.1 upon information provided by the petitioner that (1) they have complied with setback and height requirements in applicable sections of this Ordinance to the maximum extent practicable; (2) showing the impact of future roadway improvements to onsite structure(s); (3) adjoining parcels are similar in use and intensity; (4) that reductions or modifications would not reduce sun exposure or cast shadows on adjacent parcels.

(4)

Eligible Uses. .....Uses allowed by right in the general use district are eligible to be considered in the corresponding special use district, as modified by any conditions of approval.

(5)

Relationship to Overlay District Standards. .....Regulations applicable in an overlay zoning district shall apply to a special use district. If the standards governing a special use district expressly conflict with those governing an overlay district, the more restrictive standards shall apply.

(6)

Special Use Zoning District and Written Consent. .....A special use zoning district shall not go into effect until those conditions approved and consented to by both the Elected Body and petitioner are in writing and signed by the petitioner and landowner.

(D)

Purpose Statements .....District purpose statements in this section refer only to general objectives for each zoning district.

(E)

Dimensional Requirements .....The general dimensional requirements for each zoning district cited in this section are subject to additional provisions of this Ordinance as noted in Section B.3-1.

(F)

Growth Management Plan .....The Growth Management Plan of Legacy seeks to guide future development patterns in the community to provide services in a cost effective and efficient manner; allow for urban, suburban, and rural life styles; and preserve environmental and cultural resources. The Growth Management Plan divides the county into five Growth Management Areas as follows:

(1)

City/Town Centers (GMA 1);

(2)

Urban Neighborhoods (GMA 2);

(3)

Suburban Neighborhoods (GMA 3);

(4)

Future Growth (GMA 4); and

(5)

Rural Area (GMA 5).

Goals are identified in Legacy for each of these areas. Zoning districts established by this Ordinance have been designed, in part, to achieve the goals of the Growth Management Areas, the objectives of the Clemmons Community Compass.

( C-UDO-83 , § 6, 6-28-21)

2-1.2   RESIDENTIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS

The following residential zoning districts are established. For Single Family Districts (RS), the suffix number multiplied by one thousand (1,000) indicates the minimum lot size in square feet. For Multifamily Districts (RM), the suffix number indicates the maximum number of dwelling units per acre. [For example, RS-40 requires a minimum lot size of forty thousand (40,000) square feet for a single family dwelling, while RM-8 allows multifamily development at a density of up to eight (8) units per acre.]

Table B.2.1
Residential Zoning Districts

Each residential district is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, protected from incompatible and disruptive activities which more properly belong in nonresidential districts. The districts are also intended to assist the community in meeting the growth management goals of Legacy. When a residential rezoning proposal is considered, the Growth Management Plan and the residential land use goals and locational criteria contained in Legacy and Clemmons Community Compass shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district. Other goals of these residential districts are explained in the remainder of this section.

(A)

YR Yadkin River Conservation District.

(1)

Purpose. .....The YR District is intended primarily to protect the community's main water supply, preserve the historic features of this area, and preserve the natural beauty of a continuous conservation corridor along the Yadkin River. This zoning district is the most restrictive, with low density residential development the primary use allowed. Objectives of the district are the following:

(a)

Protection of water supply;

(b)

Maintenance of rural character;

(c)

Protection of sensitive natural, historical, recreational, and visual resources;

(d)

Retention of natural topography and vegetation;

(e)

Control of sedimentation and other nonpoint source pollution; and,

(f)

Support and encouragement of agricultural activities.

(2)

General Dimensional Requirements - YR.

1.

Nonconforming lots in the YR District meeting the provisions of Section B.5-3.2(C) must meet the minimum setback requirements of the RS-20 zoning district.

2.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

3.

Cul-de-sac lots shall be exempt from lot width requirements.

4.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements.

(a)

Boundaries. .....The boundaries of the YR District are defined as a corridor a minimum of two thousand (2,000) feet from the eastern edge of the river channel and including all flood-prone areas up to three thousand (3,000) feet from the edge of the river.

(b)

Development Standards.

(i)

Minimum Lot Size. .....A minimum lot size of three (3) acres shall be required, except for sites developed as planned residential developments. The overall density of a planned residential development may exceed one unit per three (3) acres if a density bonus is received as set forth in the use conditions for planned residential developments in Section B.2-5.58. However, density for planned residential developments shall not exceed two (2) units per acre in developable areas not restricted by floodplain or steep hillsides.

(ii)

Building Setbacks. .....All structures shall be set back at least two hundred (200) feet from the Yadkin River channel, except public utility systems as identified in this section.

(iii)

Stream Buffers. .....To filter pollutants and to trap sediment, undisturbed vegetated buffers shall be maintained along the Yadkin River and along all streams.

[A]

The buffer shall extend horizontally one hundred (100) feet along both sides of the stream channel.

[B]

No land disturbing activity, placement of structures or impervious surface cover, or removal of existing vegetation shall be allowed in the stream buffer, except as permitted under Section B.2-1.2(A)(3)(b)(v).

(iv)

Floodplains. .....No land disturbing activity or placement of structures shall be allowed in the designated floodplains in the YR District except as permitted under Section B.2-1.2(A)(3)(b)(v).

(v)

Uses Permitted in the Stream Buffer and the Floodplain Area. .....The following uses and activities are permitted in YR District stream buffers and floodplains provided the uses and activities are designed to minimize impacts on hydrologic processes, water quality, and wildlife habitat:

[A]

Agricultural uses, except animal feeding operations, with implementation of accepted soil conservation practices of the Soil Conservation Service;

[B]

Forestry operations undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the North Carolina Department of Environment and Natural Resources (DENR);

[C]

New and replacement utility systems, including, but not limited to, stormwater management facilities; utility holes and sanitary sewer mains; overhead utility lines; water supply intake structures; and, gas, electric, and telephone systems (including on-site systems), where there is no practical alternative to locating the systems within the floodplain or the stream buffer;

[D]

Streets, bridges, railway lines and associated facilities, where there is no practical alternative to locating them within the stream buffer or floodplain;

[E]

Parks, greenways, horseback riding trails, open spaces, and other similar private and public passive recreational uses;

[F]

Activities ordinarily associated with a residence, such as lawns, gardens, play areas, utility service lines, and similar uses; and,

[G]

Ponds, boat docks, ramps, piers, or similar facilities.

(c)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(B)

AG Agricultural District.

(1)

Purpose. .....The AG District is primarily intended to accommodate uses of an agricultural nature. The district is also intended to accommodate scattered non-farm residences on large tracts of land, but is not intended for residential subdivisions with small lots. The district is intended for application in GMAs 4 and 5, and is established for the following purposes:

(a)

To preserve the rural character of portions of the county and encourage the continued use of land for agricultural, forest, and open space purposes;

(b)

To discourage scattered commercial and industrial land uses;

(c)

To concentrate urban development in and around existing urbanized areas and proposed Metro Activity Centers, thereby preventing premature conversion of farmland into urban uses; and,

(d)

To discourage any use which may create premature public infrastructure and service demands.

(2)

General Dimensional Requirements - AG.

1.

Nonconforming lots in the AG District meeting the provisions of Section B.5-3.2(C) must meet the minimum setback requirements of the RS-20 zoning district.

2.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

3.

Cul-de-sac lots shall be exempt from lot width requirements.

4.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(C)

RS-40 Residential Single Family District.

(1)

Purpose. .....The RS-40 District is primarily intended to accommodate single family detached dwellings on large lots in areas without access to public water and sewer services. The district is established to promote single family detached residences where environmental features, public service capacities, or soil characteristics necessitate very limited development. This district is intended for application in GMAs 4 and 5 and appropriate protected watershed areas. This district may also be applicable to older, larger lot development in GMAs 2 and 3 developed prior to the effective date of this Ordinance.

(2)

General Dimensional Requirements - RS-40.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(D)

RS-30 Residential Single Family District.

(1)

Purpose. .....The RS-30 District is primarily intended to accommodate single family detached dwellings on approximately three-quarter (0.75) acre lots in areas without access to public water and sewer services. This district is intended for application in GMAs 4 and 5. The district may also be applicable to older, larger lot development in GMAs 2 and 3 developed prior to the effective date of this Ordinance.

(2)

General Dimensional Requirements - RS-30.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(E)

RS-20 Residential Single Family District.

(1)

Purpose. .....The RS-20 District is primarily intended to accommodate single family detached dwellings in suburban areas and may also be applicable to older, large lot development constructed prior to the effective date of this Ordinance. The district is established to promote orderly development in areas where public water is available. This district is intended for application in GMAs 2, 3, and 4.

(2)

General Dimensional Requirements - RS-20.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(F)

RS-15 Residential Single Family District.

(1)

Purpose. .....The RS-15 District is primarily intended to accommodate low to moderate density single family detached dwellings in suburban and urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.

(2)

General Dimensional Requirements - RS-15.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(G)

RS-12 Residential Single Family District.

(1)

Purpose. .....The RS-12 District is primarily intended to accommodate moderate density single family detached dwellings in suburban and urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - RS-12.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(H)

RS-9 Residential Single Family District.

(1)

Purpose. .....The RS-9 District is primarily intended to accommodate relatively high density single family detached dwellings in urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable in Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - RS-9.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(I)

RS-7 Residential Single Family District.

(1)

Purpose. .....The RS-7 District is primarily intended to accommodate high density single family detached dwellings in urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for GMA 4 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - RS-7.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(J)

RSQ Residential Single Family Quadraplex District.

(1)

Purpose. .....The RSQ District is primarily intended to accommodate predominantly single family areas containing a mixture of single family detached dwellings, duplexes, triplexes, and quadraplexes in urban neighborhoods and in areas with adequate infrastructure to support more intense development. This district is intended for application in GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.

(2)

General Dimensional Requirements - RSQ.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Lot area, lot width and building setbacks for Twin Homes shall be the same as for Duplex in this same chart however the land under units may be sold with no setbacks.

3.

Lot area, lot width and building setbacks for 3 and 4 Unit Town houses shall be the same as for Quadraplex in this same chart however the land under units may be sold with no setbacks.

4.

Cul-de-sac lots shall be exempt from lot width requirements.

5.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements.

(a)

Parking in Side or Rear. .....All off-street parking shall be provided to the side or rear of the principal building(s) unless the Planning staff determines that, due to lot size, shape or topographic features, some or all parking cannot be placed to the side or rear. All parking shall be set back at least five (5) feet off the property line. The intervening five (5) feet shall be landscaped to meet the type I bufferyard standards of Section B.3-5. The provisions of this section shall not apply to single family dwellings with lot widths sixty (60) feet wide or greater at the building line. Lots less than sixty (60) feet wide at the building line shall be permitted only one driveway connection to the street with a maximum driveway width of twelve (12) feet measured at the right-of-way.

(b)

Vehicular Use Landscaping Requirements. .....Vehicular use landscaping requirements of Section B.3-4.3 must be met for multifamily developments (triplexes or quadraplexes) where parking is provided at the front of the principal building.

(c)

Landscaped Separation From Building. .....A minimum three (3) foot wide landscaped area shall be provided between any parking area and building wall providing access into the unit(s).

(d)

Bufferyard. .....The bufferyard requirements for multifamily uses in Section B.3-5 shall not apply.

(e)

Roof Pitch. .....A roof having a pitch with a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run is required on all buildings.

(f)

Units per lot. .....Only one principal residential building may be erected or placed on a zoning lot, except that two principal buildings existing on a single zoning lot as of the effective date of the Unified Development Ordinances are considered legal and not nonconforming.

(g)

Conversion. .....Conversion of any existing residential building to accommodate more dwelling units must obtain a special use permit from the Board of Adjustment. No exterior alteration which would detract from the single family character of the building shall be permitted. No new stairways to upper floors are permitted on any side of a building which faces a public street.

(h)

HO District. .....In any neighborhood with an Historic Overlay (HO) District, the HO District regulations shall supersede any conflicting RSQ standards.

(i)

Multifamily Use Conditions. .....Multifamily buildings in the RSQ District do not need to comply with the use conditions in Section B.2-5.62.

(K)

RM-5 Residential Multifamily District.

(1)

Purpose. .....The RM-5 District is primarily intended to accommodate low density, pedestrian-oriented sites and communities containing duplexes, twin homes, multifamily and townhouse residential buildings with three or four units, and similar residential uses at a maximum overall density of five (5) units per acre. This district is intended for GMAs 2 and 3, and may be suitable for GMA 4 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - RM-5.

1.

Buildings must be setback minimum of 15' off front and side street right-of-way.

2.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

3.

Buildings must be spaced a minimum of fifteen (15) feet from side to side, fifteen (15) feet from side to rear and thirty (30) feet from rear to rear however the land under units may be sold with no setbacks.

4.

Buildings must be spaced a of minimum twenty (20) feet from side to side, twenty (20) feet from side to rear and forty (40) feet from rear to rear however the land under units may be sold with no setbacks.

5.

Cul-de-sac lots shall be exempt from lot width requirements.

6.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements. .....No multifamily or other residential buildings exceeding four (4) units will be allowed in the RM-5 district.

(4)

One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).

(L)

RM-8 Residential Multifamily District.

(1)

Purpose. .....The RM-8 District is primarily intended to accommodate duplexes, twin homes, townhouses, multifamily, and other low intensity multifamily uses at a maximum overall density of eight (8) units per acre. This district is appropriate for GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.

(2)

General Dimensional Requirements - RM-8.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.

(M)

RM-12 Residential Multifamily District.

(1)

Purpose. .....The RM-12 District is primarily intended to accommodate multifamily uses at a maximum overall density of twelve (12) units per acre. This district is appropriate for GMAs 1, 2, and 3, and may be suitable for GMA 4 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - RM-12.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.

(N)

RM-18 Residential Multifamily District.

(1)

Purpose. .....The RM-18 District is primarily intended to accommodate multifamily uses at a maximum overall density of eighteen (18) units per acre. This district is appropriate for GMAs 1 and 2, and may be suitable for GMA 3 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available and the site has direct access to a minor or major thoroughfare.

(2)

General Dimensional Requirements - RM-18.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.

(O)

RM-U Residential Multifamily District.

(1)

Purpose. .....The RM-U District is primarily intended to accommodate multifamily uses at unrestricted densities. This district is appropriate for GMAs 1 and 2, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental services, are available and the site has direct access to a minor or major thoroughfare.

(2)

General Dimensional Requirements - RM-U.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

(3)

Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.

(P)

MH Manufactured Housing Development District.

(1)

Purpose. .....The MH District is primarily intended to accommodate manufactured housing developments with a maximum overall density of five (5) units per acre. This district is intended for application in GMA 3 where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.

(2)

General Dimensional Requirements - MH. .....The general dimensional requirements for a single home on an individual lot in the MH District are given below. The dimensional requirements for manufactured housing developments are contained in the use conditions for manufactured housing developments, Section B.2-5.47.

1.

Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.

2.

Cul-de-sac lots shall be exempt from lot width requirements.

3.

Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of- way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.

( C-UDO-83 , § §, 6-28-21)

2-1.3   COMMERCIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS

The following commercial districts are established:

Table B.2.2
Commercial Zoning Districts

The purposes of establishing these commercial districts are to provide areas which accommodate the establishment and operation of business and office uses and to assist the community in meeting the growth management goals of Legacy. When a commercial rezoning proposal is considered, the Growth Management Plan and the commercial, office, and industrial land use goals and recommendations contained in Legacy, and the Clemmons Community Compass shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.

(A)

NO Neighborhood Office District.

(1)

Purpose. .....The NO District is primarily intended to accommodate very low intensity office uses within converted single family detached units. The district is intended to be located on the periphery of established residential areas, along major and minor thoroughfares. The district is established to provide convenient locations for offices, the size and operating characteristics of which require limited parking and which generate little traffic. Standards are designed so that this district may serve as a transitional land use between residential districts and commercial districts. This district is intended for application in GMAs 2, 3, and 4.

(2)

General Dimensional Requirements - NO.

(3)

Supplementary District Requirements.

(a)

Structures Size. .....New structures in the NO District shall not exceed four thousand (4,000) square feet in gross floor area.

(b)

Parking Requirements.

(i)

Reductions. .....Off-street parking requirements contained in Section B.3-3 are reduced fifteen percent (15%).

(ii)

Location. .....All off-street parking shall be provided to the rear or to the side of the principal structure with the exception of two (2) parking spaces which may be located in front of the structure. The side parking area may be no closer to the street than the principal structure.

(c)

Landscaping, Bufferyard, and Streetyard Standards. .....The following landscaping and bufferyard standards apply in the NO District.

(i)

Front Yard. .....Ten (10) feet of the front yard in the NO District shall be landscaped with plant materials to provide a grassed lawn or other maintained landscaping.

(ii)

Rear Parking. .....Parking area shall be buffered by a type I bufferyard, as defined in Section B.3-5, adjacent to residentially zoned property.

(iii)

Side Parking. .....Type I plantings will be provided in the required streetyard. A type II bufferyard, as defined in Section B.3-5, shall be provided if side parking abuts a residentially zoned property.

(d)

Reserved.

(e)

Trash Facilities. .....Dumpsters shall be enclosed on three (3) sides with walls at least eight (8) feet high and constructed of the same material as the principal building on the zoning lot; the fourth side of the enclosure shall be a permanent gate of wood or other opaque material.

(f)

Exterior Lighting. .....Exterior lighting on the property shall not be installed at a height of more than eight (8) feet above the finished grade and shall be so shielded as to cast no direct light upon adjacent property.

(g)

Multifamily Residential Development. .....Multifamily residential development is permitted at a maximum density of four (4) units per acre. Multifamily residential buildings may contain no more than four (4) units per structure.

(B)

LO Limited Office District.

(1)

Purpose. .....The LO District is primarily intended to accommodate moderately intense medical, professional, administrative, and government office uses on small to mid-sized sites, in a suburban setting. The district is typically located near the intersection of a collector street or thoroughfare in areas which are otherwise developed with residences. Standards are designed so this district may serve as a transition between residential districts and commercial districts. This district is intended for application in GMAs 2 and 3.

(2)

General Dimensional Requirements - LO.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

(3)

Supplementary District Requirements. .....Structures in the LO District shall not exceed thirty thousand (30,000) square feet in gross floor area.

(4)

Multifamily Residential Development. .....Multifamily residential development is permitted at a maximum density of twelve (12) units per acre.

(5)

A maximum of five percent (5%) of the gross floor area of development within the LO zoning district may be used for the following uses:

Food or Drug Store

General Merchandise Store

Services, Business A

Services, Personal

Restaurant (without drive-through service)

Retail Store, Specialty and Miscellaneous

(a)

The uses listed above shall be further restricted to the following conditions:

(i)

All non-office uses shall be within the same building as the office development and shall not exceed twenty-five percent (25%) of the gross floor area of said building.

(ii)

All non-office development shall be calculated as a percentage of existing or new office square footage on the same zoning lot.

(iii)

No non-office development shall be occupied until a minimum of seventy-five (75%) of office square footage in the building has been built.

(iv)

A maximum of two thousand (2,000) square feet of non-office uses shall be allowed in any single office structure.

(C)

CPO Corporate Park Office District

(1)

Purpose. .....The CPO District is primarily intended to accommodate office and research and development uses in a planned, campus-like setting compatible with adjacent residential uses. Auxiliary assembly and warehousing activities may be permitted as part of a total project. The district may contain limited commercial uses within employment centers. The district is intended for large sites with direct access to thoroughfares which provide locations for major development in GMAs 1, 2, 3, 4 and Metro Activity Centers.

(2)

General Dimensional Requirements - CPO.

1.

For outparcels with internal access to the property provided, the minimum lot size is twenty thousand (20,000) square feet; the required minimum lot width is reduced to one hundred (100) feet; and the interior rear and side yard requirements are deleted, except that any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet.

2.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

3.

Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.

(3)

Supplementary District Requirements.

(a)

Limited Industrial Uses Allowed. .....Industrial uses permitted in the LI District which are specifically related to the principal use are permitted to a maximum of thirty percent (30%) of the square footage within each building or of the total building square footage of the zoning lot.

(b)

Limited Commercial Uses Allowed. .....Commercial uses permitted in the LO and LB Districts are limited to a maximum of thirty percent (30%) of the square footage within each building or of the total building square footage of the zoning lot. Noncommercial uses must be developed prior to or concurrent with commercial uses.

(c)

Vehicular Access. .....Vehicular access onto a major or minor thoroughfare or onto a road improved to necessary standards as determined by the Director of Public Utilities for the Village of Clemmons or the North Carolina Department of Transportation.

(D)

GO General Office District.

(1)

Purpose. .....The GO District is primarily intended to accommodate high intensity office uses and supporting services. The district is established to provide locations for employment within GMAs 1 and 2, Metro Activity Centers, and GMA 3 with access to thoroughfares.

(2)

General Dimensional Requirements - GO.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

The eighty percent (80%) limit applies only to GMAs 3.

3.

There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased one foot for each foot of additional setback beyond the forty (40) foot minimum required if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.

(E)

NB Neighborhood Business District.

(1)

Purpose. .....The NB District is primarily intended to accommodate very low intensity office, retail, and personal service uses close to or within residential areas. The district is established to provide convenient locations for businesses which serve the everyday household needs of nearby residents without disrupting the character of the neighborhood. The district is not intended to accommodate retail uses which attract customers from outside the neighborhood or which primarily cater to motorists. This district is intended for application in GMAs 2, 3, 4 and 5.

(2)

General Dimensional Requirements - NB.

(3)

Supplementary District Requirements.

(a)

Size and Location. .....Individual NB Districts shall conform to the following requirements:

(i)

Size. .....The district shall comprise not more than one acre of contiguous site area.

(ii)

Proximity to other NB District. .....A NB District shall not be established within one-half mile of another NB District, measured in a straight line from the closest points on the boundary lines of the two (2) districts.

(b)

Floor Area Limitation. .....The following uses are limited to a maximum gross floor area of two thousand five hundred (2,500) square feet:

(i)

Banking .....Financial Services;

(ii)

Convenience Store;

(iii)

Drug Store;

(iv)

Food Store;

(v)

Government Office;

(vi)

Medical and Surgical Office;

(vii)

Neighborhood Organization Office; and,

(viii)

Professional Offices.

(c)

Prohibited Uses. .....The following uses are not permitted in GMAs 1, 2 and 3:

(i)

Motor Vehicle Repair and Maintenance;

(ii)

Convenience Store with Gasoline Sales;

(iii)

Retail Store Specializing in Automobile Supply;

(iv)

Hardware Store; and,

(v)

Veterinary Service.

(d)

Prohibited Activities.

(i)

No drive-through or in-car service shall be permitted.

(ii)

No gasoline sales shall be permitted in an NB District in GMAs 1, 2 and 3.

(e)

Motor Vehicle Storage Yard. .....A motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair and maintenance facility, where permitted in accordance with Section B.2-1.3(E)(3)(c). Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.

(f)

Automatic Teller Machines. .....Automatic teller machines shall be permitted as an accessory use if not constructed as a drive-through facility.

(g)

Parking Requirements.

(i)

Reductions. .....Off-street parking requirements contained in Section B.3-3.5(D) are reduced thirty percent (30%).

(ii)

Location. .....All off-street parking shall be provided to the rear or to the side of the principal structure with the exception of two (2) parking spaces which may be located in front of the structure. The side parking area may be no closer to the street than the principal structure.

(h)

Landscaping, Bufferyard and Streetyard Standards. .....The following landscaping and bufferyard standards apply in the NB District.

(i)

Front Yard. .....Ten (10) feet of the front yard in the NB District shall be landscaped with plant materials.

(ii)

Rear Parking. .....Parking area shall be buffered by a type I bufferyard, as defined in Section B.3-5, adjacent to residentially zoned property.

(iii)

Side Parking. .....Type I plantings will be provided in the required streetyard. A type II bufferyard, as defined in Section B.3-5, shall be provided if side parking abuts residentially zoned property.

(i)

Reserved.

(j)

Trash Facilities. .....Dumpsters shall be enclosed on three (3) sides with walls at least eight (8) feet high and constructed of a material similar to the principal building on the zoning lot; the fourth side of the enclosure may be a permanent gate of wood or other opaque material.

(k)

Exterior Lighting. .....Exterior lighting on the property shall not be installed at a height of more than twenty-five (25) feet above the finished grade and shall be so shielded as to cast no direct light upon adjacent property.

(F)

PB Pedestrian Business District

(1)

Purpose. .....The PB District is primarily intended to accommodate office, retail, service, institutional and high density residential uses which customarily serve community and convenience business needs of smaller communities and urban nodes in the city and county. The district is intended to encourage the development of attractive, identifiable small towns, and to accommodate the pattern of building in the business concentrations surrounding the central core of Winston-Salem, and the central core of other municipalities in the County. The district should demonstrate pedestrian oriented design through elements such as buildings pulled up to the street, on-street parking, street trees, covered arcades, awnings, storefront display windows, public/private outdoor spaces, wide sidewalks, and building entrances facing the street. This district is intended for application in GMAs 1, 2 and 3.

(2)

General Dimensional Requirements - PB.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

The maximum height may be increased provided each additional foot height in excess of sixty (60) feet the building footprint shall be set back a minimum of four (4) additional feet from properties zoned RS, RSQ, or H District without an intervening freeway to a maximum height of eighty (80) feet.

(3)

Supplementary District Standards.

(a)

Parking. .....See Section B.3-3.5(D)(1).

(b)

Screening Mechanical Equipment. .....All on-site mechanical equipment shall be screened in accordance with Section B.3-4.5(B).

(c)

Within GMA 1.

(i)

General Dimensional Requirements. .....Except as specified in this section, there are no general dimensional requirements for the PB District within GMA 1, provided that each additional foot of height in excess of sixty (60) feet shall be set back a minimum of four (4) feet from properties zoned RS, RSQ, or H. A minimum forty (40) foot setback from any residential district (except RMU) shall be required in accordance with Section B.3-1.2(J) Supplementary Dimensional Requirements. Under no circumstances shall the heights of structures exceed one hundred fifty (150) feet.

(ii)

Streetyard in PB District. .....See Section B.3-4.3(B)(6).

(d)

Minimum lot sizes for single family residences and multifamily developments must meet the requirements of Table B.3.4.

(e)

Parking. .....Shared parking may be permitted in accordance with the requirements of Section B.3-3.5(B).

(f)

Loading. .....Shared loading may be permitted in accordance with the requirements of Section B.3-3.6(E).

(g)

Building Entrance Orientation. .....All buildings in the PB District shall have at least one principal building entrance oriented to the street. No surface off-street parking or unloading spaces, except a maximum of two (2) spaces in accordance with Section B.3-3.5(D)(1)(b)(i), shall be located between that building wall and the street or an extension of that building wall through the entire street frontage.

(h)

Building Walls With Street Frontage. .....Building walls with street frontage shall emphasize pedestrian-oriented architectural features such as facade articulation, windows, awnings, porticoes and similar features.

(i)

Alternative Compliance (PB-S Districts). .....Alternative site plans which deviate from the strict application of the supplementary district standards in Section B.2- 1.3(F)(3), but which adhere to the PB purpose statement, may be approved through the Special Use District zoning process in Article VI of this Ordinance.

(G)

LB Limited Business District.

(1)

Purpose. .....The LB District is primarily intended to accommodate moderately intense neighborhood shopping and service centers close to residential areas. The district is established to provide locations for businesses which serve nearby neighborhoods, including smaller business locations up to ten (10) acres in size in rural areas. The district is typically located near the intersection of a collector street or thoroughfare in areas which are otherwise developed with residences. Standards are designed so that this district, in some instances, may serve as a transition between residential districts and other commercial districts. This district is intended for application in GMAs 2, 3, 4 and 5.

(2)

General Dimensional Requirements - LB.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.

(3)

Supplementary District Requirements in GMAs 4 and 5.

(a)

On-Street Parking. .....Some on-street parking may be permitted to satisfy off-street parking requirements in accordance with Section B.3-3.5(M).

(b)

Floor Area Limitations. .....The following uses are permitted only in GMAs 4 and 5 and are limited to a maximum zoning lot size of one acre:

(i)

Outdoor Display Retail;

(ii)

Motor Vehicle Repair and Maintenance.

(c)

Motor Vehicle Storage Yard. .....In GMAs 4 and 5, a motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair service. Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.

(d)

Reserved.

(e)

Trash Facilities. .....Dumpsters shall be screened on three (3) sides with walls of a material similar to the principal building or with vegetation.

(H)

NSB Neighborhood Shopping Center Business District.

(1)

Purpose. .....The NSB District is intended to provide for the development of integrated, self-contained shopping and service centers designed to meet the daily retail and service needs of residents in the surrounding area. The district is designed to be compatible with adjacent residential areas by limiting uses and access drives, and by providing substantial setbacks and landscape buffers. The district is intended for application on sites with good road access in GMAs 1, 2 and 3 and Metro Activity Centers. Development in GMA 4 should be considered only where there is a demonstrated need for retail and service uses. The establishment of a neighborhood shopping center district does not establish justification for future commercial zoning in the area.

(2)

General Dimensional Requirements - NSB.

1.

For outparcels with internal access to the property provided, the minimum lot size is twenty thousand (20,000) square feet; the required minimum lot width is reduced to one hundred (100) feet; and the interior rear and side yard requirements are deleted, except that any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet. Negative access along external roads must be provided and on record.

2.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

(3)

Supplementary District Requirements.

(a)

Site Plan. .....A site plan must be submitted for any development within the district in conformance with the site plan requirements of Section B.7.

(b)

Site Size. .....The minimum site size shall be four (4) acres, and the maximum site size shall be fifteen (15) acres.

(c)

Building Square Footage. .....Total building square footage shall be at least thirty-five thousand (35,000) square feet and not more than one hundred thousand (100,000) square feet.

(d)

Access.

(i)

Site Access. .....The site shall have direct access to a major or minor thoroughfare.

(ii)

Internal Access. .....All uses shall access only internally to the site.

(iii)

Access Driveways. .....The location and number of driveways shall be limited to assure safe access and circulation and to promote compatibility with surrounding residential areas. In reviewing site plans, the following conditions may be required by the Director of Planning or the North Carolina Department of Transportation.

[A]

Turn Lanes and Signals . Ingress turn lanes and traffic signals provided at all access driveways.

[B]

Pedestrian Access . Safe pedestrian access from adjacent residential areas.

Other site plan requirements related to access include the following:

[A]

Width of Driveways . Access driveways meeting City or State standards.

[B]

Driveway Alignment . Access driveways shall be aligned with other existing and planned intersections and/or streets, including, but not limited to, streets identified in the Transportation Plan.

[C]

Minimum Number of Driveways . A minimum of two (2) access driveways shall be provided unless approved by the City or the State.

[D]

Maximum Number of Driveways . No more than two (2) access driveways per road frontage shall be permitted, unless approved by the City or the State. The City or the State may approve up to a total of three (3) access driveways per road frontage.

[E]

Parking Aisles . Parking spaces shall not be located along the first forty (40) feet of the access driveway aisles.

[F]

Pedestrian Access . Safe pedestrian access shall be provided internally.

(iv)

Bus Shelters. .....Sites on current or planned Winston-Salem Transit Authority bus routes shall provide at least one bus shelter, as determined by the Winston-Salem Transit Authority.

(e)

Right-of-Way Dedication. .....Land shall be dedicated for public right-of-way to meet projected needs for roads shown on the Transportation Plan, or for other roads as determined by the City, Town, or North Carolina Department of Transportation.

(f)

Loading Areas .....Docks.

(g)

Stormwater Management. .....In the City of Winston-Salem, a stormwater management plan shall be submitted to and approved by the City Engineering Department. Outside the City of Winston-Salem, the developer shall demonstrate adequate provision for control of stormwater runoff.

(h)

Signs. .....Signs shall meet the requirements of Section B.3-2.

(i)

Motor Vehicle Storage Yard. .....A motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair service. Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.

(j)

Other Department Requirements. .....All site plan requirements of departments reviewing the project shall be met.

(I)

HB Highway Business District.

(1)

Purpose. .....The HB District is primarily intended to accommodate retail service and distributive uses. The district is established to provide locations for establishments which require high visibility and good road access, or which cater primarily to passing motorists. However, the district is not intended to encourage or accommodate strip commercial development. Developments in this district generally have substantial front setbacks. This district is intended for application in GMAs 2, 3, and 4.

(2)

General Dimensional Requirements - HB.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.

(J)

GB General Business District.

(1)

Purpose. .....The GB District is primarily intended to accommodate a wide range of retail, service, and office uses located along thoroughfares in areas which have developed with minimal front setbacks. However, the district is not intended to encourage or accommodate strip commercial development. The district would accommodate destination retail and service uses, characterized by either a larger single business use or the consolidation of numerous uses in a building or planned development, with consolidated access. This district is intended for application in GMAs 1, 2 and 3 and Metro Activity Centers.

(2)

General Dimensional Requirements - GB.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond the forty (40) foot minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.

(K)

CB Central Business District.

(1)

Purpose. .....The CB District is intended for application in GMA 1. The district is established to encourage high intensity, compact urban development. The district is intended to accommodate a wide range of uses, including office, retail, service, and institutional developments in a pedestrian-oriented setting. The district also accommodates high density residential development. These uses may be mixed on the same tract or within the same structure.

(2)

General Dimensional Requirements. .....Except as specified in this section, there are no general dimensional requirements for the CB District.

(3)

Streetyard. .....Please refer to Section B.3-4.3(B)(5) for streetyard requirements applicable in the CB District.

(4)

Setbacks from Residential Districts. .....Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

(L)

Major Retail and Business District (MRB-S)

(1)

Purpose. .....The purpose of the MRB-S District Section is to ensure that major retail projects are adequately analyzed through site plan review and supplemental criteria in order to determine their compatibility with the surrounding community. This district is characterized by large sized destination shopping in a single structure, or as part of a large shopping center. The potential individual and cumulative impact upon the community as a result of the large-scale retail development shall receive a comprehensive review under the established criteria. The establishment of a Major Retail & Business District does not establish justification for future large-scale retail zoning in the area. Therefore the community's natural, physical, economic and fiscal resources, and their adequacy to accommodate the impact of such developments, both individually and cumulatively shall be fully evaluated. This District is intended for application in GMAs 1, 2 and 3, and within a designated Metro Activity Center, and shall be applied as a Special Use District.

(2)

General Dimensional Requirements - MRB-S.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

As per Section B.3-12.1 and which shall apply to all development done within the MRB-S District and which shall be reflected in the site plan required as part of the rezoning application.

3.

Side yards are not required, however any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard. This does not include the required bufferyard.

4.

This does not include the required bufferyard.

(3)

Special Use District Standards.

(a)

Site Plan. .....A site plan and building elevations for any development within the district in conformance with the site plan requirements of Section B.3-12.1, and which shall be submitted as part of the rezoning application.

(b)

Multifamily, office and mixed-uses allowed. .....In order to promote mixed use developments, which offer living and working opportunities with little reliance upon the automobile, and/or which are located in a designated Metro or Community Activity Center as identified in Legacy or an adopted Small Area Plan, the following shall apply:

(i)

Residential Uses, when ten (10) or more units are proposed there shall be:

[A]

No residential density calculation;

[B]

No parking requirement;

[C]

A maximum height limit of seventy-five (75) feet for the structure(s) containing the residential uses;

[D]

Bufferyard Alternative Compliance, as per Section B.3-5.2(C); and

[E]

An increase in the maximum allowed impervious coverage of the site from eighty-five percent (85%) to all overall maximum of ninety percent (90%) for the subject site, unless the restrictions of an overlay district are greater.

(ii)

Office uses of at least five thousand (5,000) gross square footage when constructed as upper stories to a first floor retail space shall have:

[A]

No parking requirement;

[B]

A maximum height limit of seventy-five (75) feet for the structure(s) containing the office uses;

[C]

Bufferyard Alternative Compliance, as per Section B.3-5.2(C); and

[D]

An increase in the maximum allowed impervious coverage of the site from eighty-five percent (85%) to all overall maximum of ninety percent (90%) for the subject site, unless the restrictions of an overlay district are greater.

(iii)

Office uses of at least five thousand (5,000) gross square footage when constructed as a stand alone structure and/or when occupying the first floor of any structure, shall have:

[A]

A fifty percent (50%) parking reduction;

[B]

Bufferyard Alternative Compliance, as per Section B.3-5.2(C); and

[C]

An increase in the maximum allowed impervious coverage of the site from eighty-five percent (85%) to all overall maximum of ninety percent (90%) for the subject site, unless the restrictions of an overlay district are greater.

(iv)

Developments located in a Metro or Community Activity Center as identified in Legacy or an adopted Small Area Plan, shall have:

[A]

Up to a fifty percent (50%) parking reduction;

[B]

Bufferyard Alternative Compliance, as per Section B.3-5.2(C);

[C]

An increased height allowance to seventy-five (75) feet; and

[D]

An increase in the maximum allowed impervious coverage of the site from eighty-five percent (85%) to all overall maximum of ninety percent (90%) for the subject site, unless the restrictions of an overlay district are greater.

(c)

Site Size. .....The minimum site size shall be ten (10) acres.

(d)

Signage. .....The HB zone district sign allowances, as per Section B.3-2, shall apply, unless further restricted through an approved and attached site plan.

(e)

Bufferyard Standards. .....Due to the twenty-four (24) hour nature of the loading docks and storage areas of this scale of retail development, this district shall be considered an Industrial (IND) Zoning Type (Type IV) as per Section B.3-5. When adjacent to a low density residentially zoned property the bufferyard shall be no less than forty (40) feet and include three (3) deciduous trees and eighteen (18) primary evergreen plants per one hundred (100) linear feet of bufferyard. Additionally, the elected body may require a larger bufferyard and/or a bufferyard with more plantings, berm(s) and fences, in order to provide a more effective transitional buffer between users.

(f)

Applicability.

(i)

New construction equal to or exceeding one hundred twenty-five thousand (125,000) gross square feet of single plate ground floor area and serving a single tenant as a stand-alone retail structure or as part of a multi-tenant shopping center;

(ii)

Twenty-five thousand (25,000) square foot or more additions to an existing one hundred thousand (100,000) + gross square feet single plate ground floor space serving a single tenant, or an addition that results in a single plate ground floor tenant of at least one hundred twenty-five thousand (125,000) gross square feet or more after the addition; and

(iii)

Pad sites with structures that are associated with the primary development and which are included in the original subdivision and/or master plan of the overall development.

(g)

Decision. .....Upon thorough review of required information pertinent to the major retail development, the application may be approved, approved with conditions, or denied. Such additional reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this section and other code regulations may be included in the decision.

(h)

Three (3) year time period. .....An MRB-S District that is approved in connection with this section shall become invalid unless the work or action authorized under it shall commence within three years after the date of issuance. Completion of all work or action authorized there under shall occur within two (2) years of the date of issuance unless an extension of time not to exceed one year is approved in advance after public hearing by the Planning Board.

(C-UDO-48, § 1, 7-13-09; C-UDO-50, § 1, 4-26-10; C-UDO-83 , §§ 8, 9, 6-28-21; C-UDO-89 , 5-8-23)

2-1.3.1   GENERAL DESIGN REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS

General Design Requirements. All general design requirements shall be reviewed and approved by the Village of Clemmons Planning Staff prior to City/County inspections approval of zoning permits. The Village of Clemmons Planning Staff shall provide written notification of approval or denial to the inspections division of approval within five days of plan receipt.

(A)

Façade and Building Elevations. .....All new and redeveloped sites/structures as defined in by Chapter B, Article 1-5.5 shall provide windows and doors arranged so that forty percent (40%) of the length of the first floor building elevation facing the street meet this requirement. Multi-story structures shall provide windows arranged so that twenty percent (20%) of the length of the secondary stories has the said treatment. Windows shall not be constructed of a reflective material. Blank walls shall not be greater than twenty (20) feet on any elevation.

1.

Architectural Features. .....Building design shall incorporate material to convey permanence, substance, timelessness with low maintenance. Each building shall be constructed of one or more of the following materials consisting of at least fifty percent (50%) of the exterior materials. Any exterior building wall visible from the corridor shall be constructed of one or more of the following (minimum fifty percent (50%)):

a.

Clay or masonry brick.

b.

Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color consistent with design theme.

c.

Poured in place, tilt-up, or precast concrete. .....Poured in place and tilt-up walls shall have a finish of stone, a texture or coating.

d.

Architectural flat metal panels or glass curtain walls.

e.

Stucco or EIFS.

f.

Natural and synthetic stone.

g.

Vinyl siding provided that buildings are enhanced by the application or brick, decorative masonry or decorative stucco surface in combinations with decorative fascia, overhangs and trim.

h.

Additional materials may be approved by the Village of Clemmons Planning Staff provided that the substituted or additional material meets the purpose and intent of this chapter and is similar in nature to those specified above.

2.

Non-decorative exposed concrete block buildings are prohibited.

3.

Building entrances, excluding emergency exits, shall be designed as focal points and shall be enhanced through the use of elements such as canopies, peaked roofs, paving materials, planters, landscaping features and outdoor seating areas.

4.

To assist with interpretation the Village of Clemmons Planning Department will catalog all approved building designs and materials as well as provide sketches as a reference.

5.

Roofs. .....All roofs shall be pitched or provide a parapet wall to hide all equipment from the ground level of the building.

(B)

Sidewalk. .....All new and redeveloped site/structures as defined by Chapter B, Article 1-5.5 shall provide a minimum of a five (5) foot sidewalk along the entirety of the property frontage.

(C)

Planting Strip. .....In place of the required streetyard tree planting requirements set forth in Chapter B, 3-4.3 (B) all new and redeveloped sites/structures as defined by Chapter B, Article 1-5.5 shall provide a minimum of an eight (8) foot planting strip from the back of curb to the sidewalk frontage. All other applicable streetyard requirements apply.

(1)

Number and Spacing of Trees. .....The planting strip shall contain four (4) large variety deciduous or evergreen trees per fifty (50) linear feet, excluding points of motor vehicle ingress or egress. In no case shall any planting strip contain less than one tree. Required trees must be a minimum of eight (8) feet in height at the installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level.

(D)

Multi-building or Mixed Use projects.

1.

Prior to the issuance of a building permit on a multi-building development, the applicant shall submit plans that demonstrate the use of consistent design elements throughout the project. Subsequent building permits shall conform to the design elements presented.

2.

Multi-building developments shall include prominent focal points, which shall include, but not be limited to architectural structures, art, historical and/or landscape features. These features shall be located at or visible from, vehicular and pedestrian entrances to the site.

E.

Lighting.

1.

Pedestrian scaled lighting fixtures shall be provided in areas designed for pedestrian activity (walkways, plazas, outdoor seating areas).

2.

Lighting fixtures shall coordinate and complement the general architectural style of development.

3.

All lighting fixtures shall be cut-off or shoebox style that only disperses ½ candle determined by a photometric lighting plan.

(C-UDO-50, § 1, 4-26-10; C-UDO-73, § 1, 1-11-16)

2-1.4   INDUSTRIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS

The following industrial districts are established:

Table B.2.3
Industrial Zoning Districts

These industrial districts are established to accommodate enterprises engaged in the manufacturing, processing, or assembling of goods, merchandise, or equipment. The standards established for these districts are designed to promote industrial development and to protect nearby residential areas from undesirable aspects of industrial development. Whenever possible, these districts should be separated from residential districts by natural or structural boundaries, such as streams, topographic features, vegetation, major streets, or similar features. When an industrial rezoning proposal is considered, the Growth Management Plan and the industrial land use goals and recommendations in Legacy and the Clemmons Community Compass shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.

(A)

LI Limited Industrial District

(1)

Purpose. .....The LI District is primarily intended to accommodate limited manufacturing, wholesaling, warehousing, research and development, and related commercial and service activities which, in their normal operations, have little or no adverse effect upon adjoining properties. The district is established to provide locations for industrial development in GMAs 1, 2, 3 and 4 and Metro Activity Centers.

(2)

General Dimensional Requirements - LI.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.

3.

There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of the structure above seventy (70) feet may be increased by one foot for each foot of additional setback above the minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.

(3)

Supplementary District Requirements. .....Retail uses, including but not limited to show rooms and employee services, shall be permitted as accessory uses. Said accessory uses shall not exceed twenty-five percent (25%) of the floor area of the principal industrial building, except restaurant uses permitted under Section B.2-6.2, in which case the provisions of that section shall apply. All such retail use shall be conducted within the principal industrial building.

(B)

CPI Corporate Park Industrial District

(1)

Purpose. .....The CPI District is intended to accommodate a wide range of assembling, fabricating, and light manufacturing activities, and such ancillary industrial activities as warehousing and distribution. Commercial uses are also permitted accessory to industrial development. The district is established to provide locations for industrial development which have little or no impact on adjoining properties. The district is intended for application in GMAs 2, 3, 4, Metro Activity Centers, and other large sites with direct access to thoroughfares, which are included in the inventory of prime industrial sites referenced in Legacy.

(2)

General Dimensional Requirements - CPI.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

For outparcels with internal access to the property provided, the minimum lot size is twenty thousand (20,000) square feet; the required minimum lot width is reduced to one hundred (100) feet; and the interior rear and side yard requirements are deleted, except that any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet. Negative access along external roads must be provided and on record.

(3)

Supplementary District Requirements.

(a)

Limited Commercial Uses Allowed. .....Commercial uses permitted in the LO and LB Districts are permitted in the CPI District and limited to fifteen percent (15%) of the total building square footage of the zoning lot.

(b)

Bufferyard. .....A minimum forty (40) foot wide type IV bufferyard shall be required wherever the CPI District abuts RM or RS Districts, as required in Section B.3-5.

(c)

Size. .....CPI Districts shall equal thirty (30) acres or more of contiguous area with a minimum of two hundred (200) feet of frontage along a major or minor thoroughfare.

(d)

Driveway Access. .....Driveway access to public streets shall be a minimum of two hundred (200) feet apart.

(e)

Vehicular Access. .....Vehicular access onto a major or minor thoroughfare or onto a road improved to necessary standards as determined by the Director of Public Utilities for the Village of Clemmons or the North Carolina Department of Transportation.

(C)

GI General Industrial District

(1)

Purpose. .....The GI District is primarily intended to accommodate a wide range of assembling, fabricating, and manufacturing activities. The district is established for the purpose of designating appropriate locations and establishing development regulations for uses which may have significant environmental impacts or which require special measures to ensure compatibility with adjoining properties. The district is established to provide locations for major developments in GMAs 1, 2 and 3.

(2)

General Dimensional Requirements - GI.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.

3.

There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of the structure above seventy (70) feet may be increased by one foot for each foot of additional setback beyond the minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.

(3)

Supplementary District Requirements. .....Retail uses, including but not limited to show rooms and employee services, shall be permitted as accessory uses. Said accessory uses shall not exceed twenty-five percent (25%) of the floor area of the principal industrial building. All such retail use shall be conducted within the principal industrial building.

(D)

CI Central Industrial District

(1)

Purpose. .....The CI District is intended to accommodate assembly, fabrication, and manufacturing activities within GMAs 1 and 2. The central areas of the City of Winston-Salem and Town of Kernersville contain a variety of industrial land uses. These uses provide a substantial non-office employment base, as well as meeting certain needs in the community for industrial type goods. The CI District is intended to encourage and permit the continuation of a significant non-office employment base in the central area of these two (2) communities and to enable the development of new industrial uses compatible with the goals of Legacy and Clemmons Community Compass for these areas.

(2)

General Dimensional Requirements. .....Except as specified in this section, there are no general dimensional requirements for the CI District.

(3)

Setbacks from Residential Districts. .....Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

(4)

Streetyard. .....Please refer to Section B.3-4.3(B)(5) for streetyard requirements applicable in the CI District.

( C-UDO-83 , §§ 10, 11, 6-28-21)

2-1.5   INSTITUTIONAL AND MIXED USE ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS

The following institutional and mixed use districts are established:

Table B.2.4
Institutional and Mixed Use Zoning Districts

The purpose of establishing these districts is to accommodate institutional and major mixed- use developments in compliance with the Growth Management Plan of Legacy and the Clemmons Community Compass. The intent is to provide a pedestrian friendly environment, aesthetically pleasing structures, and appropriate urban tree canopy through general design standards.

(A)

IP Institutional and Public District

(1)

Purpose. .....The IP District is intended to accommodate public and institutional uses which have a limited land use impact or traffic generation potential upon surrounding uses. The district is intended to accommodate smaller, less intensive public and institutional uses which have concentrated service areas and are located in or near residential areas, or larger, less intensive recreational or institutional facilities in rural areas.

(2)

General Dimensional Requirements - IP.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

(B)

C Campus District

(1)

Purpose. .....The C District is intended to accommodate medium to large-sized public, semi-public, and institutional uses which have a major land use impact or traffic generation potential upon surrounding uses. The district is intended to accommodate larger, more intensive public and institutional uses which have extensive service areas and are centrally located.

(2)

General Dimensional Requirements - C.

1.

Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.

2.

In GMAs 1 and 2, there is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond the minimum forty (40) foot required, if adjacent to property zoned RS, RM (except RM-U), or H. If structure is set back at least one hundred twenty (120) feet from property zoned RS, RM (except RM-U), YR, AG or H, there is no height limit.

3.

In GMAs 3, 4 and 5, the maximum height is forty (40) feet. However, the maximum permitted height of any structure may be increased by one foot for every additional five (5) feet of setback beyond the minimum setbacks required, up to a maximum building height of seventy-five (75) feet.

4.

There is no impervious surface coverage limit in GMAs 1 and 2.

(3)

Supplementary District Requirements.

(a)

Site Plan. .....A site plan must be submitted for any development within the district in conformance with the site plan requirements of Section B.7.

(b)

Access. .....Vehicular access onto a major or minor thoroughfare or onto a road improved to necessary standards as determined by the Director of Public Utilities for the Village of Clemmons or the North Carolina Department of Transportation.

(c)

Automatic Teller Machine. .....Automatic teller machines shall be permitted as an accessory use.

(C)

MX, Mixed Use District.

(1)

Purpose. .....The Mixed Use District (MX) is established, consistent with the policies of the comprehensive plan, to provide innovative opportunities for integrating diverse but compatible uses into a single development that is unified by distinguishable design features. The Mixed Use District is intended to provide an alternative to the predominant development pattern in Clemmons characterized by unconnected, uncoordinated commercial development along thoroughfares and limited access residential developments isolated from places to work and shop. MX may also be used to replicate the historic urban development pattern in redevelopment areas. In addition to a mixture of compatible uses, developments in this district shall provide amenities and walkways to increase pedestrian activity, decrease reliance on individual vehicles, foster transit usage, enhance the environmental quality and attractiveness of the Village of Clemmons, improve the overall quality of life, and provide for the welfare of the citizens. In the event of conflict between regulations for mixed use developments and those in other sections of the Unified Development Ordinance, the mixed use regulations shall supersede unless specifically stated otherwise.

(2)

Mixture of Uses.

(a)

Uses may be mixed within a building or within the development.

(b)

Mixed use developments on sites greater than fifteen (15) acres shall contain a minimum twenty (20) percent residential use.

(c)

No more than seventy-five (75) percent of the required residential component may be located in a single-family detached residential development.

(d)

Residential mixed use developments shall be allowed to contain three (3) or more uses as described in (e)(i) below.

(e)

The mixed use development must always contain at least three (3) of the following use categories:

(i)

Residential (any of the uses below shall account for one use category).

[A]

Single family

[B]

Single Family Quadraplex

[C]

Residential Multi-family RM-5

[D]

RM-8-RM-U

(ii)

Office.

(iii)

Commercial.

(iv)

Institutional and Public.

(f)

For mixed use developments containing three (3) use categories, each use shall occupy a minimum of twenty (20) percent of the floor area or gross acreage of the project. The developer may choose the use mix measurement but each project shall only use one of the use mix measurements (floor area or gross acreage).

For projects with four (4) or more use categories, the twenty (20) percent minimum is waived for all categories [except] residential, however, no use may occupy more than sixty (60) percent and no two (2) uses combined shall occupy more than eighty (80) percent of the floor area or gross acreage.

For phased projects, during construction of any phase prior to project completion or six (6) years from the initial foundation inspection, whichever is first, no single use shall exceed sixty (60) percent and no two (2) uses shall exceed ninety (90) percent.

Residential uses may occupy as much as seventy-five (75) percent floor area or gross acreage, if that which is over sixty (60) percent is located in a mixed-use building and located over first floor commercial use.

(g)

For MX projects developed in phases, each phase shall be able to function as a stand-alone development and the project shall contain the required common space at all times during the phases of construction. All MX projects shall meet the minimum mix of uses requirements according to the following schedule:

If the mixture of uses is not provided in this time, no certificates of occupancy will be issued for any part of the project other than single-family detached residential developments and townhouse residential developments, not exceeding four (4) units per building until the mixture is provided.

All structures with a certificate of occupancy or at least foundations and footings may be considered part of the mix. Single-family detached residential developments and townhouse residential developments not exceeding four (4) units per building in MX projects of one hundred (100) acres or more may have up to six (6) years from the first foundation inspection approval before certificates of occupancy will be withheld for failure to provide the required mix of uses.

The Village Council may grant a one-year extension for a total of five (5) years if the property owner can provide evidence that a mix will be provided by the end of the additional year. The evidence may include but is not limited to tenant contracts, leases or other legal construction agreements with specific deadlines.

Notwithstanding the foregoing provisions regarding the initial 60-30-10 mix, in the event that the developer has provided either the Village or the North Carolina Department of Transportation, whichever is applicable, with financial guarantees in a form suitable to the relevant entity to cover all offsite improvements related to uses other than residential and twenty percent (20%) of the project's common space has been fully constructed and is accessible, then the developer's failure to provide the nonresidential component of the initial 60-30-10 mix, within the applicable time periods set forth in the schedules above shall not preclude the issuance of certificates of occupancy for the residential portions of the project, provided all other conditions for obtaining the certificates of occupancy have been met.

(3)

General Regulations.

(a)

Minimum site size: .....The minimum gross tract size for initial zoning shall be five (5) contiguous acres. Contiguous additions may be made in increments of any size. Additions, when combined with any existing MX area, shall meet all ordinance requirements as a unified development.

(b)

Building height: .....No buildings shall exceed sixty (60) feet in height, including mezzanine levels. Floors for parking facilities shall not be included in the maximum height calculation.

Buildings with height greater than four (4) floors should be located in the center of the site but may be permitted on site perimeters if the adjacent property has a building four (4) floors or greater and is not zoned single family residential.

(c)

Thoroughfare requirements: .....All mixed use developments on sites larger than fifteen (15) acres shall have at least one direct access to and from an existing major or minor thoroughfare as indicated in the Village Transportation Plan. Interconnection to other road classifications may be required.

The Village Council may approve mixed use developments without direct access to a thoroughfare if a traffic impact analysis performed and approved according to the Village Code, demonstrates:

(i)

The impact of the project will not cause surrounding roadways to operate above capacity. The Village Council shall consider the impact of undeveloped land in the area when approving mixed use developments without access to thoroughfares; or

(ii)

The impact of the project will be less than or equal to the impact of a typical project developed under existing zoning. The typical project shall be determined by reviewing at least three (3) recent comparable projects developed within five (5) years of the project in the same zoning designation and shall not be a best case or worst case scenario. The list of comparable projects must be approved by Village staff.

(d)

Fringe use areas: .....To insure compatibility with adjoining land uses a fringe use area two hundred (200) feet in width, shall be established along the exterior property lines of the MX District where the exterior property lines of the MX District are adjacent to single family residential uses or platted single family residential lots.

(i)

If the exterior property line of the MX District is not adjacent to residential uses or platted residential lots, then no fringe use area will be required.

(ii)

If a fringe use area is required, only residential uses or open space shall be permitted within that fringe area.

(iii)

The maximum building height within the fringe use area shall be three (3) stories.

(iv)

There shall be no accessory structures or parking located within the part of the setback adjacent to residential districts.

(v)

In all instances, lighting shall be directed away from the adjacent residential use and a photometric plan shall be submitted to provide that no more than one-half (½) foot candle of light be dispersed on the adjacent property.

(e)

Building setbacks and separations: .....Buildings located on the periphery of the MX District shall be set back a minimum of twenty (20) feet from the MX District boundary. All buildings shall be set back at least fifty (50) feet from US and NC numbered highways and major thoroughfares.

No building shall encroach upon the right-of-way of a proposed road improvement as noted in the Village of Clemmons Transportation Plan. There shall be no minimum interior setbacks and separation requirements.

All internal non-residential buildings are encouraged to be located within ten (10) feet of street rights-of-way to enhance the pedestrian orientation of the development. Buildings set back large distances from roads and pedestrian trails are strongly discouraged. However, all structures shall meet state building code requirements and all other requirements to protect the health, safety and welfare of occupants.

(f)

Unified control/ownership of the site: .....Mixed used developments shall be under single ownership or unified control or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this ordinance. The entire MX site, including all phases and subdivided lots, shall be fully integrated through common design themes and pedestrian and vehicular connections. A unified mixed use development is required regardless of whether the development is phased or subdivided.

(g)

Community property owner's association and/or a Homeowners Association: .....A community property owner's association shall be established.

(h)

Underground utilities: .....All electric, cable television and telephone facilities, fire alarm conduits, street lighting wiring, and other wiring conduits and similar facilities shall be placed underground by the developer or the appropriate utility company.

(i)

Minimum landscaping: .....Any individual, large retail buildings with a footprint of twenty-five thousand (25,000) square feet or more shall be subject to the landscaping requirements for large-scale retail development.

Street trees are required along all streets and shall be a minimum three (3) inch caliper and shall be located at a minimum fifty (50) feet on center. The technical review committee (TRC) may permit alternatives to strict conformance with the required landscaping under the following conditions. In all cases, however; mixed-use developments shall provide at least the minimum square feet of landscaped area and number of trees required by B.3-4. Only the location of required landscaping may vary.

a.

Minimum landscape standards.

b.

Additional landscaping in key areas.

c.

Provision of low impact developments. Landscaping necessary to accommodate the provision of low impact developments as described in the density bonus section may be substituted for strict conformance with minimum requirements.

(j)

Street and parking design:

(i)

A general grid street system with multiple external road connections is encouraged. Multiple internal road connections are required.

(ii)

Road connections to adjacent roads and developments:

[A]

Multiple connections are encouraged to limit the impact on any one street.

[B]

Each MX project shall have sufficient external connections so that no one site entrance that will carry more than fifty percent (50%) of the average daily trips to or from the site. This requirement may be waived if a site has insufficient frontage to be granted multiple driveway permits from the North Carolina Department of Transportation or the Village and adjacent site conditions prevent connections on other perimeters.

[C]

A traffic impact analysis and street design plan shall be required to make the determination of adequate connectivity. The traffic impact analysis is required at the time of site plan submittal. The interconnectivity requirements of this section shall be met for each phase of a mixed use development.

[D]

Connections to existing local roads shall not be direct through street access from collectors or arterials. Connections to local roads shall include landscaped islands, roundabouts or other features designed to calm traffic as it enters the existing neighborhood.

[E]

Public amenities are encouraged to be located next to adjacent neighborhood connection points.

(iii)

Pedestrian scale, tree lined streets with on street parking are encouraged for both public and private streets. Local public streets shall be required to provide sidewalks, street trees and bike accommodations.

(iv)

Parking lots shall be located behind or to the side of buildings. Clearly defined rear building entrances are encouraged where parking is located behind buildings. The majority of parking is encouraged to be on street parking to reduce large parking lots.

(v)

Parking garages are discouraged on primary activity or collector streets. If a parking garage is located on a primary activity or collector street, the majority of the facade shall have a non-parking use.

(vi)

Alleys are encouraged.

(vii)

Mixed use developments may be required to provide street or driveway stubs and reciprocal access easements to promote efficient circulation between uses and properties, and promote connectivity and dispersal of traffic.

[A]

The technical review committee may permit alternatives to the Village's technical standards for street and parking design under any one of the following conditions:

[1]

Safe and adequate access to and within the site is provided. All interior drives shall be designed so as to provide adequate access for emergency service vehicles, mass transit and solid waste pick up.

[2]

Low impact development elements such as bioretention in parking lots, minimization of curb and gutter in appropriate locations and impervious asphalts

[3]

Greater than fifty percent (50%) of the total parking is on-street parking.

[4]

Angled parking may be permitted on streets with speed limits of twenty (20) miles per hour or less.

(k)

General site design: .....The following characteristics are essential for a quality mixed use development. Each of these components shall be included in mixed use developments. Each component in this section includes both required and optional site design elements and is intended to allow for flexibility. The site plan shall include a narrative describing how the project will incorporate these characteristics. All mixed use developments shall contain a minimum fifty percent (50%) of the encouraged optional elements of this section.

(i)

Pedestrian accessibility .....concentration of development (critical mass) in a compact, walkable area.

[A]

Uses are encouraged to be sufficiently concentrated to promote convenient pedestrian access. Larger projects are encouraged to concentrate uses in multiple nodes. Concentration within a fifteen hundred (1,500) foot perimeter is preferred.

[B]

Pedestrian circulation shall be clearly defined and shall connect all uses.

[C]

Bicycle and pedestrian access to adjacent developments is strongly encouraged in areas where vehicular access is not provided.

[D]

Sidewalks are required on each side of rights-of-way or private streets throughout the development and are encouraged to be located in front of businesses and houses and not concentrated in parking areas.

[E]

With the exception of exclusively single family areas, separated, single use pods are prohibited. Strip commercial development characterized by single story uncoordinated, unconnected buildings with large street frontage parking lots is specifically prohibited. Strip malls with uncoordinated, unconnected out parcels are prohibited. All structures shall be fully integrated into the mixed use project through common design themes (including but not limited to lighting, benches, landscaping, and other decorative features but not necessarily building design), integration with a variety of uses, non-linear arrangement, common spaces, pedestrian walkways, vehicular access connections and other features.

(ii)

Clearly defined common spaces for gathering .....interaction and fostering a sense of community. Plazas, courtyards and other areas are necessary to provide for public gathering and interaction. Amenities, such as benches, planters, lighting, fountains, art and landscaping that further the design theme of the project and encourage interaction are required. Specific requirements are described in the common space and open space section of this article.

(iii)

Integrated design of the project. Common architectural theme: Mixed use projects require special attention to building design because of the intermixing of land uses in close proximity. Functional integration of residential and commercial uses shall be considered during design of mixed use projects. The following standards are intended to guide development of mixed use projects:

[A]

Physical integration of uses: All mixed use developments shall be designed and developed to provide an appropriate interrelationship between the various uses and structures within the development.

[B]

Residential and commercial uses may be located within the same or adjoining structures providing appropriate health and safety regulations are followed.

[C]

Design: Structures should provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Structures shall have consistent scale and massing to create a unified project. Compatibility with the immediate context is required. However, gradual transitions in scale and massing are permitted.

[1]

Blank walls shall be avoided by including ground floor windows, recesses, extensions and breaks in roof elevation.

[2]

Design should provide differentiation between ground-level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features such as public art, may also be used.

[3]

Design shall ensure privacy in residential developments through effective window placement, sound-proofing, landscape screening or orientation of outdoor living areas (e.g. balconies, porches, patios and etc.). Opposite facing windows at close distances should be offset vertically or horizontally, or employ appropriate materials (e.g. glazed, tinted and etc.) to protect privacy.

(iv)

Housing diversity (size, type and cost).

[A]

Mixed use projects should include attached and detached residential components with a range of prices and sizes.

[B]

Single-family lot sizes shall be varied to provide a mixture of lot sizes.

(v)

Preservation of natural features and open space. Permitted flexibility in lot sizes, setbacks, street widths and landscaping shall be utilized to preserve natural features and provide open space consistent with the policies of the comprehensive plan. Specific requirements are described in the common space and open space section of the mixed use ordinance.

(vi)

Connection to the surrounding community. Mixed use developments shall not be gated and shall be interconnected to surrounding developments. Mixed use projects shall be designed as an integral part of the surrounding community and not as an isolated development.

(4)

Density.

(a)

Mixed Use Density.

(i)

The base density permitted for areas designated mixed use within the mixed use commercial, highway commercial, employment areas and large-scale retail land use categories shall be 0.20 floor area ratio.

(ii)

The base density permitted for areas designated mixed use within the mixed-use office, village-scale retail .....office, institutional and mixed use commercial land use categories shall be 0.15 floor area ratio.

(iii)

The base density permitted for areas designated mixed use in the watershed categories shall be 0.10 floor area ratio.

(iv)

Maximum density for areas designated mixed use shall be determined by adding the base density to any density bonuses. Density bonuses shall be determined by application of performance measures described in the density bonus section below.

Floor area ratio (FAR) equals the gross floor area of all buildings in areas designated mixed use divided by the mixed use area (FAR = gross floor area\mixed use area).

(b)

Residential Density.

(i)

The base density permitted for areas designated residential areas in this district shall be seven (7) dwelling units per acre for single family and twelve (12) units per acre for multi-family projects.

(ii)

Maximum density for areas designated residential shall be determined by adding base density to density bonuses. Density bonuses shall be determined by application of performance measures described in this ordinance.

(c)

Density calculations. .....Density shall be calculated using land use categories (mixed use or exclusively residential).

(i)

Mixed use density shall be calculated using only the gross area identified as mixed use (including streets, parking, common space .....open space and other features in the mixed use area).

(ii)

Residential density shall be calculated using only the gross area identified as residential (including streets, parking, common space .....open space and other features in the residential area).

(iii)

Maximum density shall be calculated for each land classification area within the project. Development in that area shall not exceed the density permitted in the underlying land classification category except for bonuses permitted in this ordinance. Density shall not be aggregated over the entire site except through the procedures defined in section (d) below.

(iv)

If the applicant designates areas classified resource protection or conservation as not to be developed, the density calculation for the more intense land classification category may be applied to the entire mixed use or residential area.

(v)

Land preserved for the purpose described in section (iv) above shall only be eligible for full credit towards the minimum open space requirement if it is an integral part of the development. If the entire preserved area is located on the periphery of the development, the area shall only be credited for a maximum fifty percent (50%) of the required open space. The purpose of this limit is to ensure open space is not isolated but is an integral part of the development.

(d)

Density bonuses: .....In reviewing a final plan/site plan for a mixed use development, the technical review committee (TRC) shall make a recommendation to the planning board and council if the applicant meets the requirements for receiving bonuses.

The increases in density shall be subject to the following procedures:

The density bonus for providing any individual shall be one-half (½) floor area ratio or two and one-half (2.5) dwelling units per acre for single family residential and unlimited for multi-family development. The bonus shall not be split between floor area ratio and dwelling units per acre. The following performance measures shall be adhered to the following requirements:

(i)

The developer shall choose one density bonus option from [A] and three (3) options from options [B] through [D] below.

[A]

Environmental. Bonus items:

[1]

The inclusion of fifty percent (50%) of the total parking of the proposed development to be of impervious nature.

[2]

The use of landscape island as stormwater management BMP's.

[3]

Bonus item: Increasing the amount of open space provided by a minimum of five (5) percent over the minimum required amount. The additional five (5) percent shall be integral to the development and located in a central area. Sites shall be a minimum twenty-five (25) acres to qualify for the bonus.

[4]

Bonus item: Preserve at least one-half (½) acre of wetlands or unique habitats as defined by the North Carolina Heritage Program that are not required to be protected by any provisions of the Village or other regulatory agencies

[B]

Community design standards

[1]

The inclusion of eighty percent (80%) adherence of the Village Point Design Guidelines based on the proposed developed

[2]

Adherence to the Village of Clemmons Large Retail Establishments for any building over twenty-five thousand (25,000) square feet in size as described in Article 3-12.

[C]

Mixed Use Buildings

[1]

Bonus item: Inclusion of at least one building that is designated for commercial use on at least the first floor and with at least one floor of residential units above. Residential square feet shall be greater than the commercial square feet in the building.

[2]

Bonus item: Inclusion of at least two (2) buildings that are designated for retail use on at least the first floor and with at least one floor of offices above.

[D]

Pedestrian facilities. Bonus item: Provision of an internal network of sidewalks in addition to those located along streets and buildings. These facilities shall be in addition to minimum requirements and shall be at least one thousand five hundred (1,500) linear feet. These additional facilities shall be walking trails in residential areas, trails connecting residential areas to open space and mixed use areas or non-invasive trails through environmental preserve areas.

(5)

Common space and open space.

(a)

Purpose: .....It is intended that MX developments be identifiable by functional common spaces and open space, including but not limited to: natural wetlands, forested areas, atriums, parks, internal courtyards, plazas, or other undisturbed or improved spaces. Common spaces shall shape the design and character of the project through a connecting system of pedestrian areas that create a relationship among the various components of the built environment. The pedestrian spaces may include artwork, sculpture and water features to improve their appeal. These spaces shall be designed to create interaction among workers, residents and shoppers.

The spaces shall also attempt to provide a pleasant gathering place for transit usage.

Open spaces can be natural or recreational. Natural open spaces are intended to protect the natural environment, protect water quality and provide habitat for wildlife. Recreation open spaces are intended to provide outdoor active recreation facilities and other activity areas for within residential areas and linkages to all uses associated within the development.

Overlap between spaces considered common space and open space is possible. The definitions are not mutually exclusive.

Each MX project shall contain a ten percent (10%) common space and a minimum five percent (5%) open space. The developer can propose the allocation of land to these categories. However, common space shall be primarily area for social interaction and have more impervious surface. Open space shall be essentially unimproved pervious area with limited modifications.

(i)

Common space: .....At least ten percent (10%) of the acreage of the site shall be devoted to common spaces.

[A]

Common space includes areas where the public is directly or indirectly invited to gather, browse, sit, interact or congregate. Common spaces do not have to be publicly owned. Common areas may include walking paths, bicycle paths, courtyards, plazas and other similar areas. Unimproved natural areas shall not be counted as common space.

[B]

Common spaces shall be arranged as community spaces with open areas, landscaping, seating facilities and lighting fixtures which provide for safety and visual effects.

[C]

Common spaces are intended to be places for social interaction and may include impervious surfaces.

[1]

Common space amenities shall include at least three (3) of the following:

[a]

Sidewalks with substantial ornamental treatments (e.g. brick pavers; change in materials, color or texture; use of pervious materials when with Americans with Disabilities Act).

[b]

Sidewalk planters. Planters may be constructed to provide seating around the perimeter.

[c]

Public art (e.g. sculpture, fountain, clock, mural, etc.).

[d]

Street trees of a caliper fifty percent (50%) wider than required by this chapter (may include preservation of healthy mature trees adjacent to sidewalks).

[2]

Amenities should be visible and accessible to the general public from an improved street. Access to pocket parks, plazas and sidewalks shall be provided via a right-of-way or a public access easement.

[3]

The size or capacity of pedestrian amenities should be proportional to their expected use, including use by employees, customers, residents, and other visitors.

[4]

Amenities should be consistent with the character and scale of surrounding developments. For example, similarity in awning height, bench style, planter materials, street trees and pavers is recommended to foster continuity in the design of pedestrian areas. Materials should be suitable for outdoor use, easily maintained and have a reasonably long life cycle (e.g. ten (10) years before replacement).

(ii)

Open space: .....A minimum five percent (5%) open space shall be provided.

[A]

Open space is any area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Open space may include active recreational facilities such as swimming pools, tot lots, ball fields and picnic tables (recreation open space). However, improved recreational facilities, including golf courses, shall not exceed four (4) percent of the minimum required open space.

[B]

No more than fifty percent (50%) of the open space shall be covered by water unless approved by the technical review committee as part of an active recreation area or regional stormwater facility. Standard stormwater retention facilities that meet only minimum Village requirements shall not be counted as open space.

[C]

The Village Council may remove the open space requirements to an additional five percent (5%) of common space when equivalent land area or property value for community facilities is provided to the Village. Community facilities dedicated to the Village including but not limited to parks, recreation buildings or restoration of historic sites shall be eligible for open space credit.

[D]

Construction of greenways shall be mandatory and shall count for the total amount of open space required if trail connections are equitable dispersed throughout the entire development whenever the project includes or is adjacent to trails identified on a previously adopted greenway plan.

[E]

Access to open space: All residential lots or units created within the development shall have direct access to all open space and recreational facilities, as provided, by means of public streets or dedicated walkways or by the fact of physical contiguity to other public land or lands in common ownership of all residents. The developer shall not place age, race, creed, sex or economic restrictions (other than maintenance assessments) upon lot or unit owners for the use of said open space. Land which is restricted in any way so as to be for the use, benefit or enjoyment of a select group within the development shall not qualify as open space.

[F]

Open space provisions: The developer shall file a declaration of covenants and restrictions running with the land that will govern the open space. This declaration shall be submitted prior to final plat approval. When a property owners association or other such non-profit ownership is established, the declaration shall include but not be limited to the following:

[1]

The homeowners association or the non-profit organization shall be established before any lots are sold;

[2]

Membership shall be mandatory for each lot buyer and successive buyer;

[3]

The association shall provide for liability insurance, any taxes and the maintenance of all grounds and facilities;

[4]

Any sums levied by the association that remain unpaid shall become a lien upon the lot owner's property.

(C-UDO-50, § 1, 4-26-10; C-UDO-68, §§ 1, 3, 4-22-13; C-UDO-73, § 1, 1-11-16; C-UDO83 , § 12, 6-28-21)

2-1.5.1   General Design Requirements for Institutional and Mixed Use Zoning Districts

General Design Requirements. All general design requirements shall be reviewed and approved by the Village of Clemmons Planning Staff prior to City/County inspections approval of zoning permits. The Village of Clemmons Planning Staff shall provide written notification of approval or denial to the inspections division of approval within five (5) days of plan receipt.

A.

Façade and Building Elevations. .....All new and redeveloped sites/structures as defined in by Chapter B, Article 1-5.5 shall provide windows and doors arranged so that forty percent (40%) of the length of the first floor building elevation facing the street meets this requirement. Multi-story structures shall provide windows arranged so that twenty percent (20%) of the length of the secondary stories has the said treatment. Windows shall not be constructed of a reflective material. Blank walls shall not be greater than twenty (20) feet on any elevation.

1.

Architectural Features. .....Building design shall incorporate material to convey permanence, substance, timelessness with low maintenance. Each building shall be constructed of one or more of the following materials consisting of at least fifty percent (50%) of the exterior materials. Any exterior building wall visible from the corridor shall be constructed of one or more of the following (minimum fifty percent (50%)):

i.

Clay or masonry brick

ii.

Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color consistent with design theme

iii.

Poured in place, tilt-up, or precast concrete. .....Poured in place and tilt-up walls shall have a finish of stone, a texture or coating

iv.

Architectural flat metal panels or glass curtain walls

v.

Stucco or EIFS

vi.

Natural and synthetic stone

vii.

Vinyl siding provided that buildings are enhanced by the application or brick, decorative masonry or decorative stucco surface in combinations with decorative fascia, overhangs and trim

viii.

Additional materials may be approved by the Village of Clemmons Planning Staff provided that the substituted or additional material meets the purpose and intent of this chapter and is similar in nature to those specified above

2.

Non-decorative exposed concrete block buildings are prohibited.

3.

Building entrances, excluding emergency exits, shall be designed as focal points and shall be enhanced through the use of elements such as canopies, peaked roofs, paving materials, planters, landscaping features and outdoor seating areas.

4.

To assist with interpretation the Village of Clemmons Planning Department will catalog all approved building designs and materials as well as provide sketches as a reference.

5.

Roofs. .....All roofs shall be pitched or provide a parapet wall to hide all equipment from the ground level of the building.

B.

Sidewalk. .....All new and redeveloped site/structures as defined by Chapter B, Article 1-5.5 shall provide a minimum of a five (5) foot sidewalk along the entirety of the property frontage.

C.

Planting Strip. .....In place of the required streetyard tree planting requirements set forth in Chapter B, 3-4.3 (B) all new and redeveloped sites/structures as defined by Chapter B, Article 1-5.5 shall provide a minimum of an eight (8) foot planting strip from the back of curb to the sidewalk frontage. All other applicable streetyard requirements apply.

(1)

Number and Spacing of Trees. .....The planting strip shall contain 4 large variety deciduous or evergreen trees per fifty (50) linear feet, excluding points of motor vehicle ingress or egress. In no case shall any planting strip contain less than one tree. Required trees must be a minimum of eight (8) feet in height at the installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level.

D.

Multi-building or Mixed Use projects.

1.

Prior to the issuance of a building permit on a multi-building development, the applicant shall submit plans that demonstrate the use of consistent design elements throughout the project. Subsequent building permits shall conform to the design elements presented.

2.

Multi-building developments shall include prominent focal points, which shall include, but not be limited to architectural structures, art, historical and/or landscape features. These features shall be located at or visible from, vehicular and pedestrian entrances to the site.

E.

Lighting.

1.

Pedestrian scaled lighting fixtures shall be provided in areas designed for pedestrian activity (walkways, plazas, outdoor seating areas).

2.

Lighting fixtures shall coordinate and complement the general architectural style of development.

3.

All lighting fixtures shall be cut-off or shoebox style that only disperses ½ candle determined by a photometric lighting plan.

(C-UDO-50, § 1, 4-26-10; C-UDO-73, § 1, 1-11-16)

2-1.6   OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS

The following overlay and special purpose zoning districts are established:

Table B.2.5
Special Purpose Zoning Districts

The purpose of establishing these districts is to assist the community in meeting the recommendations of Legacy and to meet requirements of State and federal law. When a rezoning proposal for one of these districts is considered, historic preservation, watershed protection, and other applicable goals and recommendations contained in Legacy and the Clemmons Community Compass shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.

(A)

NCO Neighborhood Conservation Overlay District

(1)

Purpose. .....The NCO District is intended:

(a)

To preserve and enhance the appearance and special character of certain older neighborhoods by encouraging reuse of existing buildings and new infill development which respects the context of the existing built and natural characteristics;

(b)

To recognize these characteristics as a major part of the community's identity and positive image, and thereby enhance the visual quality of the community;

(c)

To stabilize and improve property values; and,

(d)

To reduce conflicts between new construction and existing development.

(2)

NCO District Requirements.

(a)

Applicability.

(i)

New Development. .....The regulations of the NCO District shall apply to all new development within the boundaries of the NCO District except as specifically exempted by the provision of this section.

(ii)

Existing Development. .....A structure existing at the time an NCO District is approved shall not be deemed a nonconformity because of the NCO District regulations.

(iii)

Work by Local Governments and Utility Companies. .....The regulations of the NCO District shall apply to changes in appearance made by local governments or utility companies to street paving, sidewalks, trees, utility installations, walls, lighting, fences, structures and buildings on public property, easements, or streets.

(b)

Exemptions. .....The following types of activities are exempt from the provisions of this section:

(i)

Replacement of existing structures with a like structure.

(ii)

Interior alterations.

(iii)

Remodeling or other alterations which do not create additional building floor area, and/or to which the conservation standards are not applicable.

(iv)

Routine maintenance or repair of any structure or site feature.

(v)

Routine maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signals, and/or replacement of street light fixtures.

(vi)

The construction, reconstruction, alteration, restoration, moving, or demolition of any structure or site feature which the Zoning Officer determines is required to protect the public safety because of an unsafe or dangerous condition.

(c)

Development Review Process.

(i)

Site Plan Requirement. .....Except for projects as specifically exempted herein, no building, grading, or demolition permit shall be issued within the NCO District prior to the submittal and approval of plans by the Director of Planning. The plans shall meet the requirements of Section B.7.

(ii)

Compliance Required. .....No site plan or subdivision plat shall be approved which does not demonstrate compliance with the provisions of this section and the conservation standards of the applicable design study.

(iii)

Appeals. .....Any aggrieved party may take an appeal from the actions of the Director of Planning to the Board of Adjustment, whether the site plan was approved or disapproved.

(d)

Standards for Development Within the NCO District.

(i)

Conservation Standards. .....All development within the NCO District shall be subject to the conservation standards contained in the applicable Neighborhood Design Study. These conservation standards may be more stringent or less stringent than the regulations of the underlying zone; in the event of any conflict, the neighborhood conservation standard shall apply. However, the conservation standards shall be objective standards and may regulate only the following: Dimensional requirements, natural and constructed landscape and bufferyard features, parking requirements, signage, lighting, vehicular access, location of exterior entrances and stairways, roof shape, building orientation and scale, outdoor storage, location and screening of utilities.

(ii)

Demolition. .....A demolition permit may not be denied within an NCO District; however, the effective date of such certificate may be delayed not more than ninety (90) calendar days from the date of approval. During the period of delay, the Zoning Officer, in consultation with the Director of Planning, may conduct efforts to preserve the building. If the Zoning Officer, in consultation with the Director of Planning, finds that the building has no particular significant value toward maintaining the character of the district, he/she may waive all or part of such period and authorize earlier demolition or removal.

(3)

Zoning Applications. .....Except for applications filed by the City or County, the Planning Board shall not accept applications for zoning property to an NCO District unless the application meets all of the following criteria:

(a)

The area to be zoned shall contain at least fifteen (15) contiguous acres or shall be an expansion of an existing NCO District.

(b)

The area to be zoned is an area whose development began at least twenty-five (25) years prior to the application for zoning to the NCO District.

(c)

A Neighborhood Design Study which outlines the conservation standards for the area has been adopted by the Elected Body.

(4)

Neighborhood Design Study.

(a)

The Neighborhood Design Study shall include at least the following elements:

(i)

A determination that the area meets the size and age of development criteria.

(ii)

An inventory and description of the distinctive natural and built features of the area.

(iii)

A listing of the conservation standards to be met within the area if NCO District zoning is adopted.

(iv)

A listing of voluntary conservation guidelines for the area.

(b)

The Neighborhood Design Study shall be submitted to the Planning Board for review and recommendation prior to submission to the Elected Body for adoption.

(c)

When an NCO District is approved, the conservation standards contained in the applicable Neighborhood Design Study are adopted by reference and become a part of the Zoning Ordinance.

(B)

TO Thoroughfare Overlay District.

(1)

Purpose. .....The TO District is intended to:

(a)

Encourage development and redevelopment which preserves the visual quality and functional operation of major roadways;

(b)

Enhance the visual image of the community;

(c)

Promote traffic safety;

(d)

Preserve property values; and,

(e)

Implement the goals, policies, and objectives of Legacy and Clemmons Community Compass.

(2)

Overlay District Requirements.

(a)

Applicability. .....Within a TO District, every use of a building or land hereafter established, including demolition and reconstruction of new uses, shall meet the requirements of this section unless otherwise exempted below.

(b)

Exemptions.

(i)

New Residential Development. .....New single family, duplex, or twin home development shall be exempt from all of the provisions of this section.

(ii)

Reuse or Redevelopment. .....Reuse, remodeling, repairs, or other redevelopment which do not create additional building floor area or parking spaces shall be exempt from the provisions of this section.

(iii)

Expansions. .....Building additions, parking lot expansions or other redevelopment that creates additional building floor area or parking spaces not exceeding twenty-five percent (25%) of the floor area or parking spaces existing on the site on the effective date of this Ordinance shall be exempt from the provisions of this section, except no expansion may occur within a required setback area. There shall be only one such expansion.

(iv)

Shallow Lots. .....Vacant lots of record existing as of the effective date of this Ordinance in GMAs 1, 2 or 3 with less than one hundred fifty (150) feet of depth, or in GMAs 4 or 5 with less than two hundred (200) feet of depth shall be exempt from the provisions of this section, except that these lots are required to meet the ten (10) foot setback for parking off right-of-way and streetyard planting.

(v)

Streetyard. .....If existing structures or parking areas are located within a landscaped streetyard area required pursuant to this section on the effective date of this Ordinance, reduction in streetyard width is permitted as provided in Section B.3-4.3(A)(3)(b).

(c)

Applicable Roads and Boundaries. .....The TO District shall consist of the public right-of-way and those lands within one hundred (100) feet of either side of the right-of-way, including access ramps of all freeways and expressways and roads in the Interstate System. Additional roads may be included in a TO District pursuant to Section B.2-1.6(B)(3). The TO District does not include land lying underneath bridges or elevated portions of roadways.

(d)

Development Review. .....No building or zoning permit or subdivision plat shall be approved which does not demonstrate compliance with the provisions of this section.

(e)

Standards for Development Within the TO District. .....All development within the TO District shall be subject to the site development standards of the underlying district, in addition to the following:

(i)

Enclosed Facilities. .....All manufacturing, storage, offices, wholesale, retail sales, or similar uses, other than display areas for motor vehicle sales and plant nurseries, shall be conducted within an enclosed building, except as otherwise provided below.

(ii)

Outside Storage. .....Outside storage shall be permitted only if screened from view from the thoroughfare. The outside storage shall not occupy an area larger than one-half of the area covered by the principal building.

(iii)

Loading and Garage Bays. .....All loading areas and entrances to motor vehicle repair bays shall be screened from view from the thoroughfare.

(iv)

Shielding On-Site Utilities. .....All public utilities and related facilities, heating, ventilation and air conditioning (HVAC) units, including on-ground and rooftop mechanical systems, and dumpsters, shall be so located and/or shielded so as to not be visible from the public right-of-way.

(v)

Utilities. .....All utilities providing direct service to individual buildings shall be placed underground. All distribution lines running parallel to the roadway within the TO District and installed or relocated in conjunction with construction of a new thoroughfare or widening of an existing thoroughfare which involves the relocation of power lines and poles shall be located underground, unless required to be placed above ground by the applicable utility provider.

(vi)

Setback. .....Any new structure or vehicular use area, including parking lots, loading areas, and driveways, and any addition to an existing structure or vehicular use area shall be set back a minimum distance from the right-of-way line as indicated below:

(vii)

Landscaped Streetyard. .....Within the setback area, the landscaped streetyard requirements of Section B.3-4 shall be met. Use of existing vegetation to meet the requirements is encouraged.

(3)

Establishment of Other Designated TO Districts.

(a)

Along segments of existing and proposed major and minor thoroughfares designated on the adopted Transportation Plan, a TO District may be established following the preparation of a corridor study and plan to protect and enhance the appearance and/or functioning of the roadway, consistent with the purpose of the TO District.

(b)

The corridor study and plan shall describe the conditions and boundaries of the segment of thoroughfare being studied, and may make recommendations in regard to setbacks, landscaping, right-of-way plantings, shielding utilities, access, enclosing facilities, outdoor storage, loading and garage bay provisions, underground utilities, or other areas as deemed appropriate.

(c)

The study and plan shall be submitted to the Planning Board for review and recommendation prior to submission to the Elected Body for adoption.

(d)

The boundaries and recommendations of each corridor plan shall be adopted as a separate and distinct TO District. The development standards contained in the applicable TO District are adopted by reference and become a part of the Zoning Ordinance.

(4)

Variance. .....Applications for variances from the setback and landscaping requirements of the TO District may be approved by the Board of Adjustment in accordance with the procedures in Article VI of this Ordinance. Approval of a variance shall include the determination that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance because of one or more of the following conditions:

(a)

Narrow. .....Unusually narrow sections of land available for planting within the back and/or side yards because of existing permanent structures, existing paving, or natural features such as rock outcroppings.

(b)

Elevation Change. .....Elevation change of more than twelve (12) feet within the area where screening would be located.

(c)

Public Safety. .....Specialized land uses such as public utilities, airports, etc. where strict adherence to the screening standard would significantly interfere with the function of that use and would create a public safety problem.

(d)

Public Agency. .....Actions of a public agency.

(e)

Platting or Deeding. .....Difficulties arising from the recorded platting or deeding of land prior to the adoption of this Ordinance.

(C)

H Historic District .....Please refer to Section B.4.

(D)

HO Historic Overlay District .....Please refer to Section B.4.

(E)

Lewisville Clemmons Road (South Overlay District)

(1)

Vision .....The Lewisville-Clemmons Road Corridor Overlay District is to facilitate implementation of the general intent of the Lewisville-Clemmons Road Strategic Area (south) to promote the redevelopment of the area into a mixed use commercial/office/residential. It is intended to foster development that improves traffic/safety, intensifies land use and economic value, to promote a mix of uses, to enhance the livability of the area, to enhance pedestrian connections, parking conditions, and to foster high-quality buildings and public spaces that help create and sustain long-term economic vitality.

(2)

Intent. .....Lewisville-Clemmons Road is expected to continue carrying significant traffic volumes making development along the corridor highly visible to the traveling public. Therefore, the main objectives of this proposed district is to:

(a)

Develop visible interconnected alternate traveling routes to provide the motoring public choices in trip destination.

(b)

Strategically close some driveways along the corridor for safety measures and develop cross access opportunities where appropriate.

(c)

Establish high standards for buildings and landscaping improvements with a cohesive street tree plan and consistent standards for building design.

(d)

Establish a safe pedestrian network for residents and visitors to access numerous sites by foot.

(e)

Promote businesses along the corridor by the development of a wayfinding signage program and other applications.

Geographic Boundary

The proposed geographic boundary begins at the interchange (I-40/Lewisville-Clemmons Road) and continues south to the intersection of Lewisville-Clemmons Road and Middlebrook. The map shown below provides the specific geographic boundaries by parcel lines.

(3)

Application and Exemptions.

(a)

These standards apply to sites (including principal and accessory buildings) that are within the Lewisville-Clemmons Road Corridor Overlay district unless otherwise specified herein, and apply to all permitted uses allowed within the district.

(b)

Farm uses are exempt from these requirements provided they meet the base zoning district requirements.

(c)

Existing single family units are exempt from these requirements provided they meet the base zoning district requirements.

(d)

Expansions to buildings that exist on the date the Ordinance from which this section is derived is adopted are exempt from the requirements of this section.

(e)

New development, building expansions and demolition .....rebuilds that are twenty-five percent (25%) or greater or cumulative additions twenty-five percent (25%) or greater of the original building footprint shall conform to all requirements of this section. All other requirements noted in this section shall apply to the twenty-five (25%) or great building expansion requirements unless specified below.

(f)

The streetyard requirements as identified in Section B.3-4.3(B):

(i)

Additions to existing sites that are equal to or greater than five percent (5%) of the sites' existing building square footage or the addition of one-thousand (1,000) square feet or more of building; or,

(ii)

When ten (10) or more parking spaces are added to a site with no building; or,

(iii)

Façade changes to ten (10) percent or more of any building wall facing a vehicular way intended for public travel regardless of ownership (e.g. adding or eliminating doors, windows, closings, openings or increased wall area).

(g)

Right-of-way shall be required to be recorded as shown in "Exhibit A" with a zoning change of use permit as shown in Exhibit A.

(h)

Any new roadway connectors as shown in "Exhibit A" shall be required with new development and/or by the Village of Clemmons, NC.

(i)

Driveway Closures. .....Reserved.

(j)

Newly created sidewalks as shown in "Exhibit A" shall be required under the same requirements of Section E above.

(4)

Permitted Uses .....The overlay district provisions apply to any base zoning district set forth in this chapter that exists within the defined overlay area. The following permitted uses are allowed for this proposed geographic area by use category:

(a)

Residential Uses. .....Single Family, Townhomes, Multi-Family, Congregate Care Facility, Family Group Care Facilities, A, B, and C, Life Care Community

(b)

Retail and Wholesale Trade. .....ABC Store, Arts and Crafts Studio, Building Materials Supply, Convenience Store, Food/Drug Store, Furniture Store, General Merchandise Store, Hardware Store, Implement Sales and Service, Motorcycle Dealer, Nursery/Lawn/Garden Retail Store, Restaurants (with and without drive-through service), Retail Developments larger than ninety thousand (90,000) square feet (use big box standards for this use), Retail Misc., Whole Trade A

(c)

Business and Personal Services. .....Banking and Financial Services, Bed and Breakfast, Building Contractors General, Car Wash, Funeral Home, Health Services Misc., Hotel/Motel, Kennel, Medical Lab, Medical Offices, Motor Vehicle, Leasing/Rental, Repair/Maintenance, Body/Paint Shop, Office Misc., Professional Office, Service Personal, Services, Business A/B, Veterinary Services

(d)

Recreational Services. .....Recreation Services, Indoor and Outdoor, Public Recreation Services, Swimming Pool, Private, Theater, Indoor

(e)

Institutional and Public Uses. .....Academic Medical Center, Adult Day Care, Adult Day Care Center, Child Care Facilities, Religious Institutions, Club or Lodge, College/University, Government Offices, Group Care Facilities, Hospital or Health Center, Library, Museum/Art Gallery, Neighborhood Care Institution, Police/Fire Station, Post Office, School

(5)

Standards.

(a)

Pedestrian Accommodations.

(i)

All new development shall provide pedestrian walkways between the building and entrance .....exits and parking areas, and within parking areas to designated walking areas especially where there is a need to connect dispersed buildings with parking areas.

(ii)

All pedestrian amenities in "Exhibit A" shall meet Section B.2-1.6(E)(5)(a) requirements for construction.

c.

All new development shall provide canopy shade trees, landscape features and seating or other pedestrian amenities near colonnades, storefronts, and pedestrian routes.

(b)

Cross Access and Right-of-Ways.

(i)

Cross access easements between properties are encouraged, however the Village of Clemmons will proactively rank cross access priorities and negotiate with properties outlined in "Exhibit A" to make cross access requirements.

(ii)

Public rights-of-way are required to be dedicated as noted in "Applications and Exemptions" (G). The Village of Clemmons shall make necessary improvements to the public right-of-way from a priority list as property owners voluntarily dedicate outside of the development review process. The priority list shall be kept in the Village of Clemmons Planning Office.

(c)

Landscaping .....As noted in "Exhibit A" landscaping as defined in Section B.3-4(B) is required to form cohesion to the existing corridor and to delineate connectivity routes.

(d)

Driveway modifications. .....Reserved.

(e)

Zoning Setbacks. .....Reserved.

(6)

Reserved.

(C-UDO-72, § 1, 10-26-15; C-UDO-76 , § 9, 9-11-17; C-UDO83 , § 13—15, 6-28-21)

2-2.1   OFFICIAL ZONING MAPS

(A)

Designation and Description of Official Zoning Maps .....There shall be maps known and designated as the Official Zoning Maps which shall show the boundaries of all zoning districts within the planning jurisdiction of the adopting jurisdiction. The Official Zoning Maps as dated upon adoption are made part of this Ordinance as fully as if set forth herein in detail.

(B)

Location of Official Zoning Maps .....The Official Zoning Maps shall be located in the office of the Village Clerk. True copies of the Official Zoning Maps are on file in the office of the Zoning Officer.

(C)

Revision and Replacement of Official Zoning Maps

(1)

Planning Staff Authorization. .....The Planning staff shall control access to the zoning information contained in the Forsyth County Land Records Information System and is authorized to revise the Official Zoning Maps when amended by the Elected Body. No unauthorized person may alter or modify the Official Zoning Maps.

(2)

Amended Map. .....When an Official Zoning Map is amended by the Elected Body, the Planning staff shall revise the appropriate data in the Forsyth County Land Records System and create a new Official Zoning Map reflecting the change.

(3)

Replacement Map. .....In the event that an Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes or additions, the Planning staff may create a new Official Zoning Map. The new Official Zoning Map may be revised to correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the designation or boundaries of any zoning districts on the original Official Zoning Maps or any subsequent amendment thereof.

(D)

Amendments to Official Zoning Maps

(1)

Procedures. .....The Official Zoning Maps may be amended under the procedures set forth in Article VI of this Ordinance.

(2)

Updates. .....The Planning staff shall update amended Official Zoning Maps in a timely manner after amendments adopted by the Elected Body. Upon entering any such amendment on a map, the Planning staff shall change the date of the map to indicate the map's latest revision.

(3)

Records. .....The Planning Board shall keep copies of superseded prints of the zoning map for historical reference.

( C-UDO-83 , § 16, 6-28-21)

2-2.2   ZONING DISTRICT BOUNDARIES

(A)

Location of District Boundaries .....Zoning district boundaries shall follow property lines identified in the City/County Geographic Information System unless otherwise defined by a field survey or computed description based on 1983 North American Datum which defines a closed polygon, or located along centerlines of streets, alleys, railroad rights of way, or extensions thereof. Any street, alley, or railroad right-of-way shall be deemed to be in the same district as the abutting property; provided that where the centerline of a street, alley, or railroad right-of-way serves as a district boundary, each half of the right-of-way shall be deemed to be in the same district as the property abutting upon that side of the street, alley, or railroad right-of-way.

(B)

Uncertainty Concerning District Boundaries .....Where uncertainty exists concerning boundaries of districts as shown on the Official Zoning Maps, the following guidelines shall be used:

(1)

Boundary Line is Within a Street. .....In cases where a boundary line is within a street, alley, or easement, the boundary line shall be deemed to be the centerline of such right-of-way;

(2)

Actual Location Varies from Map Illustration. .....If the actual location of a street, alley, or easement varies from the location as shown on the Official Zoning Maps, then the actual location shall control.

(3)

Boundary Line Defined by Proximity to Right-of-Way. .....In cases where a boundary line is shown as being located a specific distance from a street right-of-way line or other physical feature, such distance shall control.

(4)

Water Areas. .....All water areas and the land beneath them are controlled by the applicable zoning district regulations within which they are located.

(C)

Lot Divided by District Boundary Line .....Where a district boundary line divides a lot created by recorded deed, map, plat, or court proceeding, and existing as of the date establishing nonconformity in Section B.5-2.1(A), such boundary shall be presumed to lie on the nearest property line to which it is parallel or most nearly parallel, provided that the district boundary line shown on the Official Zoning Maps is found by the Zoning Officer to be not more than fifty (50) feet, at any point, from said property line. Where a district boundary line is shown on the Official Zoning Maps to be not within fifty (50) feet, at all points, of such property line, then such district boundary line shall be as shown on the Official Zoning Maps, and the exact location thereof shall be as determined by the Zoning Officer through reference to the scale or to notation on the Official Zoning Maps.

(D)

Split Jurisdiction .....If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, for the purposes of this Chapter, the local governments may, by mutual agreement pursuant to Article 20 of Chapter 160A of the General Statutes and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this Chapter for the entire parcel to any one of those local governments. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other nonregulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each Elected Body and recorded with the register of deeds in the county where the property is located within fourteen (14) days of the adoption of the last required resolution.

( C-UDO-83 , § 16, 6-28-21)

2-3.1   MINIMUM STANDARDS

The regulations established by this Ordinance within each district shall be the minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

2-3.2   COMPLIANCE

Land may be used and buildings may be erected, altered, enlarged or used only for one or more of the uses permitted in the applicable zone as indicated in Table B.2.6 subject to the dimensional and other requirements of this Ordinance.

2-3.3   SEPARATE COMPLIANCE

No part of a yard, lot area, off-street parking area, or loading area required in connection with any building or use for the purpose of complying with this Ordinance, shall be included as part of a yard, lot area, off-street parking area, or loading area similarly required for any other building or use, except as otherwise provided in this Ordinance.

2-3.4   YARD AND LOT COMPLIANCE

No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth in Section B.3-1, except as otherwise provided in this Ordinance.

2-3.5   CORNER LOTS

The determination of front, side and rear lot lines for corner lots shall be made by the Zoning Officer. The Zoning Officer shall consult with the property owner at the time of application for a building or zoning permit.

2-4.1   TABLE B.2.6

Table B.2.6 displays the principal uses allowed in each zoning district and references use conditions. Table B.2.6 should be read in conjunction with the definitions of principal uses and other terms in Section A.2. Land, buildings, and structures shall only be used in accordance with the districts shown on the Official Zoning Maps, and subject to all requirements and conditions specified in this Ordinance.

Click here for a PDF version of this Table B.2.6.

2-4.2   ESTABLISHED NONCONFORMING USES

Nonconforming uses as regulated in Section B.5-2 shall be permitted.

2-4.3   NEW OR UNLISTED USES OF SIMILAR NATURE

When a use is not listed in Table B.2.6, the Zoning Officer shall classify the use with that use in the schedule most similar and enforce the requirements of the similar listed use.

2-4.4   APPLICATION OF TABLE B.2.6

(A)

Zoning Permit from Zoning Officer .....Uses identified in a particular district column with a Z require only issuance of a zoning permit by the Zoning Officer and shall be allowed in such district with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance.

(B)

Site Plan Approval by Planning Board .....Uses identified in a particular district column with a P shall be permitted in such district upon approval by the Planning Board of a site plan meeting such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.5.

(C)

Special Use Permit Approval by Board of Adjustment .....Uses identified in a particular district column with an A shall be permitted in such district upon approval of a special use permit by the Board of Adjustment with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.5.

(D)

Special Use Permit Approval by Elected Body .....Uses identified in a particular district column with an E shall be permitted in such district upon approval of a special use permit by the Elected Body with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.5.

(E)

ConditionsColumn .....The number in the Conditions column references the subsection of Section B.2-5 (i.e., condition 23 refers to Section B.2-5.23).

2-4.5   OTHER DEVELOPMENT REQUIREMENTS OF THE ZONING ORDINANCE

(A)

Additional Development Requirements .....In addition to the regulation of uses pursuant to Section B.2-4 and the use conditions of Section B.2-5, the following additional development requirements of this Ordinance may apply to specific properties and situations.

(B)

Site Plan Review Conditions .....For uses which require review by the Planning Board, the Board of Adjustment, and/or the Elected Body, or for special use district rezoning requests, additional conditions may be recommended or placed on the use pursuant to Sections B.6-1.3, B.6-1.4, B.6-1.5, and B.6-2.2.