3-1.1   GENERAL REQUIREMENTS

(A)

Applicability .....In all zoning districts, every use of a building, structure, or piece of land hereafter erected, modified, enlarged, or increased in capacity shall comply with the dimensional requirements as set forth in this section.

(B)

Nonconforming Situations and Variances .....There shall be no variations from the dimensional requirements of this section except in nonconforming situations Section B.5 or where the Board of Adjustment may waive the dimensional requirements, Article VI of this Ordinance.

(C)

Dimensional Requirements .....The dimensional requirements which specify minimum lot area, minimum lot width, minimum setbacks, maximum impervious surface cover, maximum height, and minimum contiguous area, where applicable, are set forth in Table B.3.1, Table B.3.2, Table B.3.3, and Table B.3.4. Dimensional and other requirements of zoning districts are set forth in Section B.2-1.

Table B.3.1
Residential Districts General Dimensional Requirements ^1,2,3

1.

These dimensional requirements are subject to additional provisions in Section B.3-1.2; Section B.2-5; Section B.2-1.6(C); Section B.3-4; Section B.3-5; and Section B.3-8.

2.

Larger lot width, depth, or area may be required by the Public Health Department for the installation of septic systems.

3.

Additional dimensional requirements for residential uses in other districts are listed in Tables B.3.3 and B.3.4.

4.

No setback is required for twin homes; all other uses must be set back a minimum of five (5) feet.

5.

Ranges of requirements for RSQ are listed; dimensional requirements are based on use in the district. Please refer to Section B.2-1.2(J)(2).

6.

Ranges of requirements for RM-5 are listed; dimensional requirements are based on use in the district. Please refer to Section B.2-1.2(K)(2).

7.

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

8.

Three story structures in RM-8 must be setback a minimum of fifty (50) feet from adjacent properties zoned for single family residential development.

9.

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.

10.

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

Table B.3.2
Nonresidential Districts General Dimensional Requirements ^1,2

1.

These dimensional requirements are subject to additional provisions in Section B.3-1.2; Section B.2-5; Section B.2-1; Section B.3-4; Section B.3-5; and Section B.3-8.

2.

Larger lot width, depth, or area may be required by the Public Health Department for the installation of septic systems.

3.

Certain districts have an option for height (e.g., 60/unlimited). The first number indicates the maximum height allowed at the minimum setback required adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Heights may be increased according to the provisions of Sections B.3-1.2(D) and (E). Height limits for the C District vary per Growth Management Areas, Section B.2-1.5(B)(2).

4.

Minimum area and width requirements may be reduced for the CPO, NSB, and CPI Districts under the respective subsections of Section B.2-1.

5.

The eighty percent (80%) limit applies only in GMA 3, per Section B.2-1.3(D).

6.

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.

7.

The seventy percent (70%) limit does not apply to GMAs 1 and 2, per Section B.2-1.5(B)(2).

8.

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.

9.

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.

Table B.3.3
Minimum Lot Sizes (Square Feet) for Permitted Single Family,
Two-Family, and Multifamily Residential Buildings
on Small Lots in RM Districts

1.

Permitted densities for other multifamily developments not shown in this table are calculated based upon the suffix number of the RM District (e.g., RM-5 allows five (5) units per acre).

Table B.3.4
Other Dimensional Requirements

( C-UDO-83 , § 25, 6-28-21)

3-1.2   SUPPLEMENTARY DIMENSIONAL REQUIREMENTS

The following supplementary dimensional regulations shall apply to all buildings and structures not subject to the general dimensional requirements of Section B.3-1.1.

(A)

Structures Permitted Above Height Limits .....Except as otherwise prohibited by the AO District, Section B.2-1.6(C), the height limitations of Section B.3-1.1 shall not apply to the following structures.

(1)

Buildings used in support of agricultural operations;

(2)

Chimneys, unoccupiable steeples, spires, flagpoles, cupolas, roofventing pipes, and freestanding rooftop mechanical equipment (including unenclosed screening);

(3)

Transmission towers;

(4)

Water towers, observation towers, silos, and power transmission towers;

(5)

Mixing plants, and screening or loading towers for sand or rock; and,

(6)

Derricks and conveyors.

(B)

Structures Which may Encroach into Required Yards .....The following structures may encroach into required yards as follows:

(1)

Open Porch. .....An open porch may project into a required front or rear yard not more than ten (10) feet, provided that such projection does not reduce the remaining open portion of the yard to a depth of less than fifteen (15) feet.

(2)

Above Grade Decks. .....Unenclosed above grade decks at the main living level of a single family residence may encroach into a required side yard, but may not extend closer than seven (7) feet to the property line and ten (10) feet to the nearest building.

(3)

Bay Window. .....A bay window may project into any required front or rear yard not more than three (3) feet.

(4)

Architectural Features. .....Architectural features, such as sills, belt courses, and cornices, may project into any required yard not more than one foot.

(5)

Roof, Eave, Chimney, or Awning. .....A roof, eave, chimney, or awning may project into any required yard not more than three (3) feet.

(6)

Canopy. .....Canopies, either attached or detached, used in conjunction with retail uses in business, office, or industrial districts, may project into a required front or side streetyard, provided that such projection does not reduce the remaining open portion of such yard to a depth of less than ten (10) feet.

(7)

Open Stairs. .....Open stairs to a second story of a residence may project into any required side or rear yard but shall not encroach into the required front yard.

(8)

Satellite Dishes. .....Satellite dishes greater than two (2) feet in height shall meet the requirements of accessory structures in required yards in Section B.3-1.2(F).

(C)

Improvements Permitted in Required Yards .....The following improvements are permitted in required yards provided there is no interference with any recorded sight easement.

(1)

Landscape Features. .....Landscape features, including, but not limited to, ornamental pools, planting boxes, sculpture, birdbaths, open terraces, walkways, walls, or fences; and,

(2)

Other Improvements. .....Other constructed improvements specifically exempted in the definition of Structure, including, but not limited to, gate houses or bus shelters, mailboxes, pump houses or wells, shelter for pets, playhouses, outdoorfireplaces, flagpoles, underground fallout shelters not extending more than four (4) feet above grade, and wharves unless otherwise regulated under Section B.3-11.2. Air conditioning compressors are exempted, subject to the provisions of Section B.3-11.2.

(D)

Setbacks for Taller Structures in GO, CPO, GB, GI and MX Districts

(1)

Purpose. .....The purpose of setback standards for taller structures in these districts is to give flexibility to nonresidential development while preventing structures significantly taller than single family dwellings from being constructed in close proximity to such homes; thereby maintaining the privacy and outdoor enjoyment typically provided in single family districts and neighborhoods.

(2)

Setback and Measurement. .....The height of any building may be increased above the normal maximum by one foot for each foot of additional setback beyond the minimum setback required if adjacent to property zoned RS, RM (except RM-U), or H. If adjacent to other zoning districts, there is no height limit. Please refer to appropriate subsections in Section B.2-1.

(3)

Exceptions. .....Buildings above the normal height maximums are not allowed in the following situations:

(a)

Where the proposed development is for single family detached, duplex, or twin home uses; or,

(b)

Where the proposed development involves redevelopment or change of use of an existing site and does not increase the height or reduce the setback of the existing primary structure closest to the single family use or district.

(E)

Setbacks for Taller Structures in the C District

(1)

Purpose. .....The purpose of special setbacks for taller structures in the C District is to give flexibility in designing and developing structures for these districts while at the same time protecting residential development adjacent to the C District from the impacts on privacy and outdoor enjoyment that structures built above the standard height limits might have.

(2)

Exception From Height Limits. .....Existing buildings or buildings under construction on or before April 15, 1991 shall be exempt from the height requirement.

(3)

Setback and Measurement. .....No new building, or an addition to an existing building which is exempt from the height requirement, shall exceed the normal maximum height of sixty (60) feet allowed in the C District unless the building is set back at least forty (40) feet from any property zoned RS, RM (except RM-U), or H. For each foot of setback from property zoned RS, RM (except RM-U), or H beyond forty (40) feet, the maximum permitted height of a building may be increased by one foot. If the building is set back at least one hundred twenty (120) feet from all property zoned RS, RM (except RM-U), or H, or is adjacent to other zoning districts, there is no height limit. Please refer to Section B.2-1.5(B).

(F)

Accessory Structures Permitted in Required Yards

(1)

Interior Lots. .....An accessory structure seventeen (17) feet or less in height and structurally detached from the principal structure on the zoning lot may be erected on any interior lot in either the required side or rear yards, if no part of said structure is less than seventy-five (75) feet from the front lot line nor less than three (3) feet from a side or rear lot line.

(2)

Corner Lot. .....An accessory structure less than seventeen (17) feet in height and structurally detached from the principal structure on the zoning lot may be erected on a corner lot, provided that:

(a)

Said structure shall be erected in the required side yard not abutting the street, and no part of said structure is less than seventy-five (75) feet from the front line nor less than three (3) feet from a side or rear lot line; or,

(b)

Said structure shall be erected in the required rear yard and shall not project beyond, or nearer to, the street than the front setback line of the district, as extended, of the adjacent lot whose front yard abuts the corner lot in question.

(3)

Height. .....For purposes of this section, the height shall be measured from the average grade of the midpoint of the front wall to the ridge of the roof of the accessory building.

(G)

Size Limits for Accessory Structures

(1)

Maximum Area. .....Accessory structure may not exceed five percent (5%) of the actual size of the zoning lot with the exception of manufactured housing developments. Manufactured housing developments shall be allowed a maximum of one hundred and twenty (120) feet per manufactured home lot. However, an accessory structure up to five hundred seventy-six (576) square feet square feet in area shall be permitted in all districts with the exception of manufactured housing developments.

(2)

Board of Adjustment. .....Requests for structures containing greater area than prescribed in Section 3-1.2(G)(1) may be considered under the special use permit process through the Board of Adjustment.

(3)

Required Yard. .....Accessory structures may not occupy more than twenty-five percent (25%) of the area of the required yard.

(H)

Accessory Structures Prohibited in Required Yards .....An accessory structure any part of which is within three (3) feet of the principal building or which is more than seventeen (17) feet in height shall comply with all the zoning regulations applicable to the principal building.

(I)

Special Yard Requirements for Older Neighborhoods .....Alternative dimensional requirements are available for neighborhoods which were originally platted or developed prior to March 3, 1948, and where at least fifty percent (50%) of the other lots on the block in question are developed. See Section B.3-8.

(J)

Special Yard Requirements Where Nonresidential Districts Adjoin Residential Districts .....Where 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.

(K)

Building Spacing Requirements for Multifamily, Townhouse, or Twin Home Residential Buildings .....If a zoning lot is developed for multifamily, townhouse or twin home residential buildings, the following method shall be used to determine the minimum spacing of buildings. The spacing of buildings shall be shown on a site plan prepared according to the provisions of Section B.7.

(1)

Calculation of Triangle. .....For yards exclusive of those on the project perimeter, each wall of every dwelling shall have a minimum yard space in the shape of an imaginary isosceles triangle. The base of said triangle shall be a line connecting the extreme ends of the wall of the building and whose altitude shall be the length of the base line multiplied by a factor related to the height of the dwelling as provided in Table B.3.5 and illustrated in the accompanying figure. There shall be a minimum distance of fifteen (15) feet between any walls of one-story buildings and twenty (20) feet between two-story buildings. Any wall over ten (10) feet long shall be treated as a separate wall.

TABLE B.3.5
Altitude Factors Used to Determine Building Height

(2)

Overlapping Triangles Prohibited. .....The yard spaces thus established by the isosceles triangles shall not overlap the yard space for any other wall of the same or any other dwelling.

(3)

Other Spacing Requirements. .....Building spacing for twin home and three (3) and four (4) unit multifamily and townhouse residential buildings may be reduced to a minimum of twenty (20) feet.

Building Spacing Requirements

(4)

Alternative Compliance. .....A developer may propose spacing for buildings that varies from the strict application of the provisions of the section in order to accommodate the unique character of the site or to utilize innovative design. Application for alternative compliance shall include a site plan following the requirements of Section B.7 and any additional architectural plans, elevations, or perspective drawings to illustrate the proposed building design and/or placement alternative. Alternative compliance shall be approved by the Planning Board only upon a finding that the building architecture and site plan fulfills the following criteria as well or better than would strict conformance with the requirements of this Ordinance:

(a)

The project provides adequate air and light to the development and surrounding properties.

(b)

Through the use of a variety of fenestration patterns, building facade offsets, roof line treatments, and other architectural features, the perceived bulk, scale, and length and width of the building is congruous with surrounding buildings.

(c)

The development provides for orderly and easy movement of traffic and pedestrians.

(d)

The project will not be injurious to property or improvements in the affected area.

(e)

The project is in accordance with all development criteria established by the Elected Bodies' adopted plans and policies including Legacy; and Clemmons Community Compass .....i;, area plans, and development guides.

(L)

Double Frontage Lots .....Double frontage lots shall provide a front yard abutting each fronting street, in the depth as required in the applicable district.

(M)

Double Counting of Yard, Lot Area, Loading Area or Parking Area .....No space which has been counted as part of a yard, lot area, parking area or loading area required under this Ordinance for one building or use shall be counted to satisfy or comply with a yard, lot area, loading area or parking area requirements for any other building or use, except where shared parking is permitted in Section B.3-3.5(B). The minimum required yards, lot area, parking area or loading area for any building or use existing or under construction at the time of the passage of this Ordinance shall not be encroached upon or counted to satisfy such requirements for any other building or use, except as permitted in Section B.3-3.5(B).

(N)

Width of Private Access Easements and Private Streets .....An access easement, or private street, connecting a public street or highway to principal uses which depend upon such easement for access, shall be not less than twenty-five (25) feet in width and shall be recorded in the office of the Register of Deeds. In lieu of the twenty-five (25) foot access easement for two-way access, nonresidential developments thar are approved through a special use zoning process or Planning Board review process may elect to provide separate one-way ingress and egress access easements each not less than twenty (20) feet in width. Any use abutting such easement shall be located on a zoning lot and shall comply with all dimensional requirements of the applicable district. No zoning permit shall be issued for a principal use not abutting upon a public street or a private street which complies with this provision. This width requirement does not apply to any driveway located on a zoning lot or to any alley.

(O)

Utility Easements .....No part of any building shall be constructed within the boundaries of a utility easement unless specifically granted and authorized by the grantor of such easement in a written and properly recorded easement.

(P)

Minimum Lot Size

(1)

RS and RM Zoning Districts. .....In all RS and RM zoning districts, the minimum area of a zoning lot to be used for a single family dwelling where public or community water supply and sewage disposal systems are not available for connection shall be as determined by the Public Health Department, but in no case shall the area of such lot be less than the greater of twenty thousand (20,000) square feet or the minimum lot size required in the zoning district.

(2)

MH Zoning District. .....In the MH zoning district, the minimum area of a zoning lot to be used for a manufactured home park where public or community water supply and sewage disposal systems are not available for connection shall be as determined by the Public Health Department, but in no case shall the area of such lot be less than four (4) acres. The minimum area of a zoning lot to be used for a single family dwelling where public or community water supply and sewage disposal facilities are not available and used shall be determined by the Public Health Department, but in no case shall the area of such lot be less than twenty thousand (20,000) square feet.

(Q)

Flag Lots

(1)

Driveway Access. .....Twenty-five (25) feet of the width of the "pole" or driveway access to the flag lot may not be used in the calculation of the lot area of the flag lot;

(2)

Lot Area and Yard Calculation. .....The pole may not be used for either lot area or yard calculation of any other lot; and,

(3)

Multiple Flag Lots. .....If more than one flag lot is proposed to the rear of another lot or stacked off the street, a special use permit from the Board of Adjustment is required.

(R)

Lot Area in Right-of-Way .....No land area of the lot which lies within the public street right-of-way may be used for the purposes of lot area or any other lot dimensional requirements.

(C-UDO-61, § 1, 8-8-11; UDO-78 , § 1, 5-14-18; C-UDO-83 , § 26, 6-28-21)

3-2.1   SIGN REGULATIONS

(A)

General Findings, purpose, intent, and applicability

(1)

Purpose. The purpose of this article is to:

(a)

Encourage the effective and appropriate use of signs as a means of communication in the Village; and

(b)

Ensure that the design, construction, installation, repair, and maintenance of signs will not interfere with pedestrian or vehicular safety or otherwise endanger public safety; and

(c)

Allow for adequately legible sign copy and overall sign visibility; and

(d)

Provide reasonable business identification, advertising, and communication; and

(e)

Provide a means of wayfinding for visitors and residents; and

(f)

Control signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the Village of Clemmons and its residents, property owners, and visitors; and

(g)

Provide regulations that allow reasonable consideration of the visual environment and minimize possible aesthetic effects on surrounding property; and

(h)

Minimize the possible adverse effects of signs on nearby public and private property; and

(i)

Enable the fair and consistent enforcement of this article; and

(j)

Provide equal opportunities for commercial and non-commercial speech.

(2)

Intent. The standards of this section shall apply to all signs in all zoning districts, unless otherwise noted, for the following purposes:

(a)

To ensure that signage is designed and placed to complement the character of the Village; and

(b)

It is the intent of this section to authorize the use of signs with regard to size, layout, style, typography, legibility, and arrangements compatible with their surroundings, appropriate to the identity of individual properties, occupants, and/or the community; and as appropriate to traffic safety; and

(c)

To protect existing development and promote high standards of quality in new development by requiring appropriately designed, placed, and sized signage; and

(d)

To enhance the aesthetics of the built environment by reducing sign clutter; and

(e)

To promote traffic safety by reducing the distractions caused by signs, including those that move, flash, or mimic government traffic control signs.

(3)

Applicability.

(a)

Except for the sign types exempted from these standards identified in Section B.3-2.1(B)(1)(C) Exempt Signs, all signs shall be constructed, erected, affixed, placed, posted, painted, repainted, hung, or otherwise established only in accordance with the standards in this section.

(b)

Signs, in the districts where they are permitted, shall hereafter be erected or placed only in compliance with the provisions of this Ordinance, provided that any sign permitted by this Ordinance, regardless of location, orientation, sign structure, or subject matter, may display non-commercial messages.

(c)

Except where expressly exempted in this Section, all signs must be located on the same lot as the permitted use and be clearly incidental, customary, and commonly associated with the operation of the permitted use.

(d)

Official signs installed by units of local government having jurisdiction within the Village of Clemmons, agencies of Forsyth County, the State of North Carolina, and federal government agencies are exempt from the regulations established by this Ordinance, provided that such signs fully conform to all safety provisions established by this Ordinance.

(B)

General Requirements

(1)

Process

(a)

Permit Required.

(1)

Sign Permit. Except as otherwise provided in this article, a sign permit shall be secured from the Planning and Community Development Director or his or her designee before the construction, reconstruction, erection, enlargement, relocation, structural alteration, replace any sign or sign face. A building permit may be required.

a.

Development projects containing more than three (3) principal uses or establishments signs require a sign permit and a Comprehensive Sign Plan as outlined in Section B.3-2.1(B)(5)(a).

(b)

Administration.

(1)

Any person proposing to erect any sign requiring a sign permit must submit a sign permit application to the Planning and Community Development Director or his or her designee. Applications for such permits must be accompanied by detailed plans, including scaled drawings of the proposed sign, a detailed site plan, and other information deemed necessary by the Planning and Community Development Director or his or her designee to determine compliance with applicable regulations.

(2)

Sign permit fees must be paid prior to the issuance of a sign permit.

(3)

If the work associated with a sign permit has not commenced within one (1) year of the permit issuance date, such permit will lapse and become null and void.

(c)

Exempt Signs. The following signs are exempt from the requirements of this section (additional inspections and permits may be required):

(1)

Signs bearing only property identification numbers and names, post office box numbers, names of occupants of the premises on which the signs are located, or other identification of premises not of a commercial nature, provided the signs are not illuminated and do not exceed two (2) signs per zoning lot and two (2) square feet in area per display surface.

(2)

Flags or insignias for existing governments when not displayed in connection with a commercial promotion.

(3)

Legal notices, identification and informational signs, and traffic directional or regulatory signs erected by or on behalf of a governmental body.

(4)

A sign located within the interior of a building, court, lobby, athletic field, stadium, or other structure which is not intended to be seen from the exterior of the building or structure.

(5)

Memorial signs, plaques, tablets, or cornerstones/cornices (with inscriptions of dedication date and building names).

(6)

Signs stating that a business is open and/or closed provided that there is no more than one such sign per business establishment, any illumination is steady (does not blink or flash), and the sign does not exceed three (3) square feet in a display area.

(7)

Hand-carried signs containing no commercial subject matter.

(8)

A sign affixed to a vehicle or trailer used on a regular basis for the normal transport of goods or persons.

(9)

A sign not legible from a public walkway, trail, or public or private street.

(10)

Non-commercial signs not covered by other exemptions listed in this section, provided such signs are located on private property and are non-illuminated.

(11)

Ghost signs or restored ghost signs.

(12)

Murals subject to the following:

a.

Murals are considered a form of public art and do not require a sign permit.

b.

Murals must not contain logos, slogans, trademarks, or advertising messages.

c.

Murals shall not cover up or interrupt architectural elements of a building.

(13)

Fence wrap signs when affixed to perimeter fencing at validly permitted construction sites. Such signs must be removed at the time a Certificate of Occupancy is issued for the final portion of any construction at that site or 24 months from the time the fence wrap was installed, whichever is shorter. No fence wrap affixed pursuant to this exemption may display any advertising other than advertising sponsored by a person directly involved in the construction project and for which monetary compensation for the advertisement is not paid or required.

(d)

Prohibited Signs. The following signs are prohibited except where they are exempt from regulation in B.3.2.1(B)(1)(c) Exempt Signs:

(1)

Signs are prohibited in all Districts unless:

a.

Constructed pursuant to a valid sign and electrical or building permit if required; and

b.

Authorized under the Sign Regulations section of this Ordinance.

(2)

Off-premise signs. Off-premises signs, including but not limited to both digital and static billboards or other large outdoor advertising structures, are prohibited both on-premise and off-premise.

(3)

Temporary signs. Temporary signs are prohibited except as specifically permitted in this Ordinance.

(4)

Hand-carried Commercial Signs. A sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to a business, commodity, service, or product. This may include a person dressed in costume to advertise or draw attention to an individual, business, commodity, service, or product.

(5)

Abandoned signs. See Section 3.2.1(A)(7)(d) Discontinuation of sign use/ Abandoned Signs.

(6)

Air-Activated/Wind signs. Devices consisting of banners, streamers, pennants, streamers, wind-blown propellers, strung light bulbs, feather flags, spinners, or similar installations (see figure B.3-2.1 A of this section) except as specifically permitted in this Ordinance.

Figure B.3-2.1 A

(7)

Inflatable signs. Inflatable signs, inflatable devices, and signs that are designed to appear as inflatable signs (e.g., plastic balloons) see figure B.3-2.1 B of this section.

Figure B. 3-2.1 B

(8)

Nuisance. Signs that are located in such a manner as to constitute a nuisance as defined by Section 92.01 of the Village of Clemmons Code of Ordinances.

(9)

Prohibited Design Elements. The following elements or other advertising structures shall not be incorporated as an element of any sign or sign structure, whether temporary or permanent:

a.

Searchlights, strobe lights, rotating beacon lights, and flashing lights that are visible from the public right-of-way, except as otherwise expressly allowed by this chapter or required by law.

b.

Signs which emit smoke, bubbles or foam, visible vapors, particles, sound, or odor.

(10)

Obstructions. Signs that prevent free ingress or egress from any door, window, fire escape, or required exit, or prevent free access from one part of a roof to another.

(11)

Roof signs. A sign erected, constructed, painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.

(12)

Portable signs. Any sign or advertising device that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, frame, trailer, vehicle, building, or other structure or item, except as specifically permitted in this Ordinance.

(13)

Pole/Pylon signs. Any freestanding sign that is mounted on one or more poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.

(14)

Cabinet/Box signs when used as wall signs. When used as a wall sign, a sign mounted on a cabinet or box that houses the lighting source and equipment.

(15)

Pavement marking. Pavement markings for purposes other than traffic control, except as specifically permitted in this Ordinance.

(16)

Wraparound or other continuous wall signs. Wraparound signs or other continuous wall signs that extend around a building corner or radii, except as specifically permitted in this Ordinance.

(17)

V-shaped signs. A Sign structure that consists of multiple sign facings placed at angles to each other, oriented in different directions.

(18)

Public rights-of-way. Signs located in or that project into the rights-of-way of a public street unless the Village Council and, if applicable, the North Carolina Department of Transportation have granted permission or as required by the Manual on Uniform Traffic Control Devices for authorized work in the rights-of-way.

(19)

Snipe signs. Sign placed on trees, fences, light posts, utility poles, parking meters, bridges, overpasses, or other signs.

(20)

Digital changeable copy or image. Digital changeable copy or image(s) that scrolls, blinks, or flashes, including, but not limited to, LCD, LED, and any similar technology, except as used to provide public services information such as time, date, temperature, weather or similar information, unless as specifically permitted in this ordinance.

(21)

Vehicle signs.

a.

Signs attached to or painted on an inoperable or unregistered vehicle (motorized or non-motorized) located in view of the rights-of-way.

b.

Signs attached to or painted on a licensed motor vehicle if the sign, except as specifically permitted in this Ordinance:

i.

directs attention to a business, service, commodity, or activity offered or sold on the premises; and

ii.

if the vehicle is parked closer to the street than the nearest building wall (this does not apply to vehicles parked for the purpose of immediate loading and unloading).

(22)

Traffic safety precautions. If required, all traffic safety precaution signs shall meet the most recent edition of the Manual on Uniform Traffic Control Devices, including the North Carolina Supplement. Notwithstanding any other provision in this Unified Development Ordinance, the following restrictions shall apply to signs in order to preserve the safety of pedestrian, bicycle, and vehicular movement:

a.

No sign may make use of the words "STOP," "SLOW," "CAUTION," "DANGER," or any other word, phrase, symbol, or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs.

b.

No sign may be erected so that by its location, color, nature, or message, may be likely to be confused with or obstruct the view of traffic signals or other signs or may be confused as warning lights of an emergency or public safety vehicle.

(2)

Permitted Signs

(a)

Permitted in All Zoning Districts. The following signs are authorized in every zoning district (no sign permit required):

(1)

Government Signs.

a.

Although these regulations do not apply to signs erected, maintained, or posted by the State, federal, or this government, these regulations clarify that Government signs are allowed in every zoning district and include the signs described and regulated in B.3-2.1(A)(3)(d), Applicability.

b.

Such signs may be posted by various local, state, and federal agencies, such as regulatory, welcome, and traffic control signs.

(2)

Addressing. Each landowner shall mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Addressing shall follow the most recently adopted Addressing and Street Naming Guidelines and Procedures Manual and the most recently adopted North Carolina State Building Code.

(3)

Federal, State, or Local Required Signs. Where a federal, state, or local law requires a landowner to post a sign on the landowner's property to warn of a danger or to prohibit access to the property either generally or specifically, the landowner must comply with the federal, state, or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulations describes the form and dimensions of the sign, the landowner must comply with those requirements; otherwise, when not defined, the sign shall be located in a place on the property to provide access to the notice that is required to be made.

(4)

Entrance and Exit Signs. One entrance and one exit sign containing a maximum of six (6) square feet each and a maximum height of three (3) feet shall be permitted per driveway. Entrance and exit signs shall contain no commercial content other than a symbol, name, or logo of the establishment it serves.

(5)

Historical Markers. Historical markers shall be erected or placed by a bona fide historical association and shall not exceed twelve (12) square feet in area.

(b)

Temporary Signs. The provisions of this section shall apply to the placement and display of temporary signage within the Village's jurisdiction. Any temporary sign that does not comply with the provisions of this Section is prohibited. Any permanently displayed sign shall comply with the provisions of Section B.3-2.1.

(1)

Common Standards. All temporary signs shall comply with the following common standards:

a.

Temporary signs shall be located on private property unless expressly permitted by this ordinance to be posted on public property.

b.

All temporary signs shall be constructed of materials and printed with inks capable of withstanding normal weather conditions.

c.

All temporary signs shall be anchored, attached, or otherwise affixed to a structure or supported so that the sign cannot be easily dislodged by strong winds or heavy rains.

d.

Temporary signs shall not be affixed to a permanent sign or its supporting structure, including both building-mounted and freestanding permanent signs.

e.

Temporary signs shall not be illuminated.

f.

Where temporary signs are limited in the duration of their display and limited in the total number of displays per calendar year, any required period of separation between such displays shall carry through to the following calendar year and shall be observed prior to initiating the first allowed display during the new calendar year.

(2)

Temporary signs not requiring a permit. The following temporary signs are permitted without a zoning permit in all zoning districts but shall be in conformance with all other requirements of this ordinance.

a.

Incidental signs affixed to a building wall or similar permanent structure not legible or easily noticeable from adjacent properties, public property, or a public right-of-way.

b.

Temporary signs affixed to the interior of windows may be displayed subject to the following provisions:

i.

Temporary window signs exclude any sign which is permanently affixed to a window by means of chemical adhesion, painting, etching or similar means.

ii.

Temporary window signs may not cover, in aggregate, more than twenty-five percent (25%) of the glazed area of the window to which they are affixed.

iii.

Temporary window signage shall not be affixed to the exterior of a window.

(3)

Freestanding temporary signs not requiring a permit. Freestanding temporary signs permitted shall comply with the following standards:

a.

General Provisions. The following standards shall apply to all Freestanding Temporary Signs:

i.

Signs shall not be affixed to poles, posts, stakes or other supporting structures that are permanently installed or anchored into the ground through the use of concrete foundations or similar anchoring techniques.

ii.

Signs other than Type 3 Freestanding Temporary signs shall be set back from the edge of the right-of-way by a minimum of five (5) feet.

iii.

No more than one (1) Freestanding Temporary Sign may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy at any given time, regardless of type, unless otherwise expressly permitted.

b.

Type 1 Freestanding Temporary Signs. Signs in this category consist of small, temporary yard signs typically associated with (but not limited to) real estate advertisements, political campaigns, and meeting announcements. Unless otherwise regulated by specific regulations of this section, Type 1 signs associated with events may be displayed no sooner than two (2) weeks prior to the event and no longer than twenty-four (24) hours after the event ends. Such signs are also subject to N.C. Gen. Stat. section 136-32.

c.

Type 2 Freestanding Temporary Signs. Signs in this category are large temporary signs typically associated with the advertisement of large tracts of land for sale, construction and development activity, or commercial or industrial buildings for sale or lease. Unless otherwise specified, Type 2 signs shall not exceed sixteen (16) square feet in area and five (5) feet in height. Type 2 signs may be displayed for a maximum of twenty-four (24) consecutive months.

d.

Type 3 Freestanding Temporary Signs. The category of signs defined as Type 3 Freestanding Temporary signs shall include only those signs constructed in a manner commonly referred to as an "A-frame" or "sandwich board" sign. The faces of the sign shall be connected at the top by hinges or similar mechanisms, and the sign shall be self-supporting when placed in its display position. Only one Type 3 sign shall be allowed during business hours per customer entrance.

(4)

Wall-mounted temporary signs. Temporary signs mounted to building walls may be displayed subject to the issuance of a zoning permit and the following provisions:

a.

Wall-mounted temporary signs are only permitted on buildings housing a use within the residential, agricultural, retail and wholesale trade, business and personal services, recreational, institutional and public, manufacturing and mining, transportation and utilities use group categories.

b.

One (1) temporary wall sign may be displayed per building occupied by a single tenant. Buildings designed for occupancy by multiple tenants where each tenant has a separate entrance may display one (1) temporary wall sign per tenant space. Buildings occupied by multiple tenants that share a common entrance may not display more than one (1) temporary wall sign at any given time.

c.

Temporary wall signs shall be mounted flush against the building wall and secured by fasteners or other anchors at each corner.

d.

Temporary wall signs may be displayed for a maximum of fourteen (14) consecutive calendar days, a maximum of six (6) times per calendar year.

(3)

Permanent Signs Requiring a Permit.

(a)

Signs Exceptions. The following signs are not counted as signs to determine the number of signs or amount of signage on a lot.

(1)

Drive-through, drive-up, or restaurant menu signs: Drive-through, drive-up, or restaurant menu signs are permitted in conjunction with drive-through or drive-up uses in accordance with the following regulations.

a.

Location. Drive-through, drive-up, or restaurant menu signs must be located within ten (10) feet of a drive-through or drive-up lane.

b.

Number and Dimensions. One primary drive-through sign not to exceed thirty-six (36) square feet in area or eight (8) feet in height is allowed per order station up to a maximum of two (2) primary drive-through signs per lot. One secondary drive-through sign not to exceed fifteen (15) square feet in area or six (6) feet in height is allowed per lot.

c.

Residential Separation. Drive-through, drive-up, or restaurant menu signs must be set back at least fifty (50) feet from Residential Zoning Districts.

d.

Visibility. Drive-through, drive-up, or restaurant menu signs must be oriented to be visible to motorists in allowed drive-through lanes (see figure B.3-2-1 C of this section).

Figure B.3-2.1 C

(b)

Signs Permitted in Any District. The following signs or uses of signs which meet the additional provisions of this Section are permitted in any zoning district.

(1)

Application of Table of Permitted Districts for Signs. The following signs shall be permitted in the zoning districts as indicated in Table B.3-2.1(B)(3) and shall comply with all regulations of the applicable district unless otherwise regulated by specific regulations of this section.

(2)

Additional regulations specific to sign type. The following regulations are specific to specific sign types unless otherwise regulated by specific regulation of the ordinance:

a.

Ground sign.

i.

Individual lots with two (2) or more tenants shall utilize multi-tenant signs. An additional four (4) square feet may be added per additional tenant up to a maximum of 64 square feet.

b.

Shingle sign.

i.

A shingle sign must be located at least twenty-five (25) feet from any other shingle sign or projecting sign. Shingle signs must be located within five (5) feet of an accessible building entrance and must be below the window sills of the 2nd story on a multi-story building or below the roof line on a one-story building. The sign's hanging bracket must be an integral part of the architectural design of the structure.

c.

Awning and Canopy signs.

i.

No background illumination is permitted.

ii.

Printed information, limited to the name, street number, address, and/or logo of the establishment(s) occupying the building to which the awning is attached, may be printed on the outside surface area of the awning.

iii.

The copy area shall not exceed thirty percent (30%) of the surface area of the awning, or canopy.

iv.

The maximum projection beyond the building support is eight (8) feet and shall not project beyond any walkway adjacent to the building. One canopy, awning, or projecting sign is permitted for each tenant.

d.

Projecting sign.

i.

Location. A building shall not be permitted to have the top of a projecting sign located higher than the third story or forty-two (42) feet above the sidewalk or finished grade where there is no sidewalk.

ii.

Cinema or theater. Marquees may extend no project no greater than ten (10) feet from the building and must be located at least ten (10) feet above the sidewalk or finished grade where there is no sidewalk.

1.

A changeable copy marquee may apply to either a ground or projecting sign with a fifty percent (50%) addition to the maximum size permitted in the district.

iii.

Only one canopy, awning, or projecting sign is permitted for each tenant.

e.

Wall sign.

i.

No portion of a wall or projecting sign may extend above the roof line or above a parapet wall of a building with a flat roof. No portion may extend above the lower eave line of a building with a pitched roof. The sign must not cover windows or architectural details.

ii.

In no case shall the wall sign extend horizontally beyond the main wall of a building more than twelve (12) inches.

f.

Crown sign.

i.

Crown signs are only permitted to be placed on buildings that are at least fifty-five (55) feet tall and four (4) or more stories in height. Crown signs must not be placed below the start of the highest floor or extend above the roof line and must not cover windows or architectural details.

g.

Window sign.

i.

Window area is counted as a continuous surface until divided by an architectural or structural element, such as a door casing or façade treatment.

ii.

Mullions are not considered an element that divides window area.

iii.

Window signs are permitted on the ground floor only.

iv.

The total window sign area, whether temporary or permanent, is limited to no more than twenty-five (25%) percent of the surface of each window area, including transparent areas of doors and entryways of the first floor of a building.

h.

All sign types.

i.

No signage is permitted on either rooftop penthouses or enclosed screening of rooftop mechanical equipment.

(c)

Permitted signs in Residential Districts (YR, RS, RM, MH)

(3)

Sign Regulations: Residential Use District Standards.

(d)

Permitted signs in Commercial Use Districts (NO, LO, GO, NB, PB, LB, NBS, HB, GB)

(1)

Sign Regulations: Commercial Use District Standards.

(e)

Permitted signs in Industrial and Institutional Use Districts (LI, GI, IP)

(2)

Sign Regulations: Industrial & Institutional Use District Standards.

(f)

Content.

I.

Subject matter related to premises. The subject matter of any sign must be related to the premises on which the sign is located, except where specifically exempted by the Unified Development Ordinance.

II.

Non-commercial message. Whenever the ordinance permits a commercial sign, a non-commercial message may be substituted for the commercial message. The right to substitute the non-commercial message does not waive any other requirement imposed by this Unified Development Ordinance as to the number, size, type, construction, location, lighting, safety, or other regulated attribute.

(g)

Design.

i.

Sign Design.

1.

Material, style, and color. Sign material, style, and color shall complement the building façade in terms of design, scale, color, and materials.

2.

Ground signs. Colors for freestanding ground signs and wall signs shall be limited to three (3) colors, including the background color. The exterior finish color and materials of the sign and sign cabinet shall complement the colors and materials of the building that the advertised business occupies. This shall not apply to federally registered trademarks. While not a requirement, it is recommended that signs have a darker background with lighter colors to improve visibility, especially at night.

3.

Ground Sign Design. Freestanding ground-mounted signs shall be monument style, with the base of the sign being no more than twelve (12) inches above the adjacent grade. All monument signs shall be designed with decorative caps or finials on top. The base of the sign shall be surrounded by landscaping, including a variety of annuals and perennials that do not obstruct the sign's face.

4.

Multi-tenant Sign.

a.

Number and Size. Any shopping center or multiple proprietorships in one building or connected buildings occupied by four (4) or more tenants shall be permitted a fifty percent (50%) increase in ground sign (on-premises) area provided that such signs shall be of the marquee type. If the lot frontage is greater than one hundred fifty (150) feet, two (2) ground signs may be used with seventy-five (75) feet separation between signs and the fifty percent (50%) addition applies to both signs. The fifty percent (50%) additional size applies to the copy area only. The sign height is limited to that authorized in the underlying district.

b.

Freestanding Building Signs. A freestanding building located within designated shopping center parking lots and containing eight hundred (800) square feet or more shall be permitted one additional ground sign (on-premises) not to exceed thirty-six (36) square feet.

5.

Cantilevered Ground Signs. The sign must be located at least twenty-five (25) feet from any other ground sign.

(h)

Rules of Measurement.

(1)

Property Frontage. Property frontage is measured as the length of each property boundary that abuts a public street right-of-way.

(2)

Face Sign Area. The following principles shall control the computation of sign area.

a.

Computation Area of Single-faced Signs. The area of a sign face shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning article regulations and is clearly incidental to the display itself (see figure B.3-2.1 D of this section).

Figure B.3-2.1 D Area of Sign Type

b.

Computation Area of Multi-faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 42 inches apart, only one side is counted.

c.

Address number on ground signs. The street address number must be included on ground and multi-tenant signs. Numerals must be at least nine (9) inches in height. The area of the address is not included in any calculation of the total sign area.

d.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be either of existing grade prior to construction or newly established grade after construction, exclusive of any filing, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot or parcel, whichever is lower (see figure B.3-2.1 E of this section).

Figure B.3-2.1 E

e.

Building Mounted Wall signs. For building-mounted signs, the height of the sign is equivalent to the greatest distance between the lowest part of the sign or sign structure and the highest part of the sign or sign structure (see figure B.3-2.1 F of this section).

Figure B.3-2.1 F

f.

Attached Signs on Multi-tenant Buildings. An attached sign for a particular tenant shall only be permitted on the portion of the building facade corresponding to the space occupied by that tenant (see figure B.3-2.1 G).

Figure B.3-2.1 G

g.

Window Area. The area of a window includes only the glass or glazed elements of the window. Frames, mullions, and similar features are not counted as part of the window area (see figure B.3-2.1 H) of this section).

Figure B.3-2.1 H

(i)

Illumination.

(1)

Externally Illuminated Signs. Externally illuminated signs shall be mounted above sign so all light is downcast and shall utilize full cutoff light fixtures.

(2)

Prohibited Illuminations:

a.

Awning, window, and projecting signs illumination is prohibited.

b.

Wall signs shall not be internally illuminated unless they are designed with channel letters. Box signs or cabinet signs are not permitted as wall signs.

c.

Internally illuminated signs are prohibited in YR, RS, RM, MH, NO, LO, GO, NB, LB, LI, GI, and IP districts.

(3)

Brightness. All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) cd/m ² or nits at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA) for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until one-half hour after Apparent Sunrise, as determined by the NOAA. At this time, the sign may resume luminance levels not to exceed five thousand (5,000) cd/m ² or nits.

(4)

Illuminated Sign Setback Requirements:

a.

Ground Sign Set Back. Ground signs shall be set back a minimum of one linear foot per square foot of sign area from any structure used exclusively as a residence.

(5)

Lighting Direction. If externally illuminated, any lighting directed toward the sign shall be shielded so as to illuminate only the face of the sign.

(4)

Location.

(a)

Sign Placement. The following provisions shall apply to the placement of all signs in all districts.

(1)

In general.

a.

Locations. All signs shall be on-premise signs and shall be located on private property.

b.

Placement and Size. Signs shall relate in their placement and size to other building elements without obscuring building elements such as architectural features and decorative details.

c.

Required Sight Distance Triangle. Permitted signs shall always be located outside of the required sight distance triangle (see figure B.3-2.1 I of this section).

Figure B.3-2.1 I

d.

Vehicle Area Clearance. In areas outside of the right-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure shall be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.

e.

Forfeiture of illegal signs placed on or over public property. Any sign installed or placed on or over public property, except in conformance with the requirements of this ordinance, shall be forfeited to the public and be subject to confiscation and disposal. In addition to other remedies provided by this ordinance, the village shall have the right to recover from the sign owner and/or installer the full costs of removal and disposal of such sign.

f.

Pedestrian Area Clearance. When a sign or awning extends more than twelve (12) inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure shall be at least eight (8) feet above the ground (see figure B.3-2.1 J of this section).

Figure B.3-2.1 J

g.

Clearances from Fire Escape, Means of Egress, or Standpipes. Signs, sign structures, and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress, or standpipe. Attaching signs, sign structures, or awnings to a fire escape is prohibited.

h.

Obstruction of Windows and Ventilation. Signs, sign structures, and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation, or exhaust are reduced to a level below that required by the most recently adopted North Carolina Building Code.

i.

Signs in the Right-of-Way. No signs for any purpose other than street identification or traffic and parking control shall be placed upon the streets or sidewalks of the Village, provided, however, that the Village Council may give permission for signs of either a temporary or permanent nature to be placed thereon when such signs shall not interfere with the orderly use of the said right-of-way. Signs, including the supports, frames, and embellishments, shall not be located within any public right-of-way (except where specifically exempted by this ordinance).

j.

Signs in the Village's Rights-of-Way. Wall, awning, canopy, projecting, and shingle signs may, with an encroachment agreement approved by the Village, and if applicable the North Carolina Department of Transportation, encroach over the public sidewalk but must not encroach on or over any streets or alleys. All signs must be a minimum of twenty-four (24) inches inside the curb line or edge of the pavement, whichever is greater.

i.

Exception: Signs that are allowed within the public right-of-way pursuant to Federal, State or local laws.

(2)

Projecting signs. Where allowed, a projecting sign may not extend no greater than eighteen (18) inches into the public right-of-way (see figure B.3-2-1 K of this section).

Figure 8.3-2.1 K

(3)

Freestanding signs.

a.

All parts of freestanding signs must be set back a minimum of two (2) feet from the side property lines and five (5) feet from the right-of-way.

b.

No freestanding sign shall be located closer than 15 feet from another structure on the same zoning lot.

c.

No portion of a freestanding sign, including projections, may extend into or over an existing public right-of-way unless expressly permitted by this ordinance.

(4)

Fueling Station Signs. Signs may be located on a gasoline island canopy, canopy supporting columns (projecting sign) spandrels, pump islands or dispensers (see figure B.3-2-1 K of this section).

a.

Signs on a fueling station canopy must not exceed 10% of the surface face area of the canopy.

b.

Signs at the pump may be located on either a gasoline island spandrel or a gasoline pump island, but not both.

c.

Spandrel signs must not exceed 50% of the surface area of the spandrel.

d.

Fuel price digital changeable copy signs that do not exceed the maximum sign area are permitted on fueling station canopies. A gasoline price/self-service changeable copy sign, not to exceed nine (9) square feet, may be included on the ground sign (if a ground sign is allowed). Changeable copy for gasoline prices can be achieved through the use of LCD or LED lights only on the principal ground sign or on the gasoline canopy, but not both. LCD or LED lights shall not be used for any other purpose than to display gasoline prices.

e.

Gasoline price or self-service sign located and secured to each pump island shall not exceed nine (9) square feet.

Figure B.3-2.1 L

(5)

Comprehensive Sign Plan.

(a)

Applicability. Where a development project contains more than three (3) principal uses or establishments, the provisions of this Section apply to the development project as a whole, and the owners of the development lot are responsible for allocating permitted signs and display surface area among the individual uses or establishments.

(1)

A Comprehensive Sign Plan is an overall plan for placing and designing multiple signs for a building or group of buildings on a development project.

(2)

The Comprehensive Sign Plan submitted for a development project must show all signs located or proposed on the development project.

(3)

The Comprehensive Sign Plan must display harmony and consistency with regard to the number and size of signs, placement of signs, materials and color, size and style of lettering, and type of sign illumination.

(4)

If any non-conforming signs exist on the property or properties included in the Comprehensive Sign Plan, those signs must be brought into compliance as part of the sign plan.

(5)

The Comprehensive Sign Plan must show all the proposed permanent signage for the overall development. In developing the Comprehensive Sign Plan, the applicant is limited to the dimensional regulations, except that the overall concept should convey:

a.

A visually continuous theme throughout the development project; and

b.

All signage should be designed to be a compatible scale with the proposed buildings, overall development, and surrounding property.

c.

Complement the character of the Village.

(6)

Institutional Use Campus Signs.

1.

The following section applies to properties designated for institutional uses where three or more facilities designed to create a campus setting. The purpose section is to acknowledge the need for a specific signage that provide: identification, directional, informational and regulatory. The objective is to provide clear, concise, and uniform directional guidance to a variety of facilities within the campus.

a.

Signs Allowed in Campus:

i.

Primary Wayfinding Signs. Signs that provide basic directional information about the destination's name or description (example: Emergency, In-Patient Surgery, Visitor Parking, etc.).

ii.

Secondary Wayfinding Signs. Signs, located within the campus boundary, downstream in the message hierarchy from the Primary Wayfinding Signs that provide more detailed directional information (example: Visitor Parking vs. Staff Parking, etc.).

iii.

Site Identification Signs. The sign shall be located as close as practical to the vehicular entrance of a stand-alone site (medical office, clinic, etc.). The sign may display the operational name of the facility (XYZ Surgery Associates, P.C., etc.). The sign must include the street address of the facility (numerals and name - 1234 Main Street). Campuses abutting federal or state highways shall be permitted one (1) additional Site Identification Sign to be located along highway.

iv.

Building Exterior Identification Sign. Wall-mounted signs, as identified above, display the functional name of the facility.

v.

Miscellaneous Campus Signs. Sign located on-site that convey specific circulation information, pedestrian and/or accessible pathway directional information or regulatory messages.

vi.

Informational Kiosks/Bulletin Boards. Copy area shall not exceed fifty (50) square feet in size.

b.

Illumination and/or reflective graphic elements are encouraged, in descending order of preference as follows:

i.

External "wash" illumination and reflective legends/graphics.

ii.

Reflective legends/graphics.

iii.

External "wash" illumination w/non-reflective legends/graphics.

iv.

Non-reflective legends/graphics.

v.

Internal illumination (cabinets or individual letterforms) is restricted to Campus.

vi.

Roadway Directory and/or Building Exterior Identification elements.

c.

Comprehensive Sign Plan. The provision outlined in for comprehensive sign plans shall apply to this section.

(7)

Construction and Maintenance.

(a)

Construction Standard.

(1)

All signs shall be constructed and installed in accordance with the applicable provisions of the North Carolina State Building Code.

(2)

All temporary signs shall be constructed of materials and printed with inks capable of withstanding normal weather conditions.

(3)

All signs, except for banners, flags, and window signs conforming in all respects with the requirements of this ordinance, shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(b)

Electrical Standard.

(1)

All illuminated signs shall be installed in accordance with the applicable provisions of the North Carolina State Electrical Code.

(2)

An underground electrical source shall illuminate all detached signs.

(c)

Required Maintenance.

(1)

Maintenance of signs. All signs shall be maintained in good structural and aesthetic condition. Deficiencies such as chipped paint, broken plastic, missing letters, and exposed light bulbs shall be evidence of a lack of maintenance.

(2)

Maintenance of landscaping around the sign base. All landscaping areas around the base of the freestanding sign shall be maintained, trimmed, and kept free of weeds. Any dead plants shall be removed and replaced within 90 days. Landscaping areas shall incorporate recumbent ground cover plants or mulch.

(d)

Discontinuation of sign use/Abandoned Signs. Discontinuation of sign use. If a sign advertises or identifies a business, service, commodity, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, then that sign and sign structure, including all of its supports, frames, and hardware, shall be considered discontinued regardless of reason or intent:

(1)

A sign which meets the height and area requirements of this Ordinance shall only be removed from its supporting structure if a new sign will replace that sign in the structure as mentioned above. An abandoned sign not replaced shall be left in its cabinet structure and painted or otherwise masked using a solid, uniform color covering the sign of ceased use by the owner of the property within one hundred eighty (180) days of discontinuance. If the owner of the property does not replace, paint, or otherwise mask the sign of ceased use within one hundred eighty (180) days of discontinuance, the Village shall have the right to paint or otherwise mask the said sign and recover from the property owner the full costs of paint, or otherwise mask of such sign, plus the cost of any fine or penalties.

(2)

A sign which does not meet the height and area requirements of this ordinance then that sign and sign structure, including all of its supports, frames, and hardware, shall be considered discontinued regardless of reason or intent and shall be removed by the owner of the property within one hundred eighty (180) days of discontinuance. If the owner of the property does not remove the sign and sign structure within one hundred eighty (180) days of discontinuance, the Village shall have the right to remove the said sign and sign structure and recover from the property owner the full costs of removal and disposal of such sign, plus the cost of any fine or penalties.

(C-UDO-47, §§ 1, 2, 7-13-09; C-UDO-57, § 2, 10-11-10; C-UDO-62, § 1, 11-14-11; C-UDO-66, § 1, 11-13-12; C-UDO-71, § 1, 6-18-15; C-UDO-80 , § 1, 1-28-19; C-UDO-83 , § 27, 6-28-21; C-UDO-88 , § 2, 5-8-23; C-UDO-90 , §§ 3—5, 7-10-23)

3-3.1   GENERAL REQUIREMENTS

(A)

Parking, Stacking, and Loading Areas Required .....In all districts except the CB and CI Districts, every use of a building, structure, or piece of land hereafter erected, modified, enlarged, or increased in capacity, shall provide off-street parking, stacking, and loading in compliance with this section, unless otherwise provided in this Ordinance.

(B)

Change in Size .....Only those portions of existing buildings or structures enlarged after the adoption of this Ordinance shall comply with the requirements of this section.

(C)

Changes in Use .....If a change in principal use causes an increase in the required number of off-street parking, stacking, or loading spaces, such additional spaces shall be provided in accordance with the requirements of this section. However, if the change in use requires an increase of less than five percent (5%) in the required number of spaces, no additional off-street parking, stacking, or loading spaces shall be required.

(D)

Use for No Other Purpose .....Land used to provide required parking, stacking, and loading shall not be used for any other purposes except for temporary events.

(E)

Separation of Parking and Loading Areas .....No loading area or access drive to serve such loading area shall be considered as required parking area. No parking area or access drive to serve such parking area shall be considered as required loading area.

(F)

Maintenance and Operation

(1)

Maintenance. .....All parking, stacking, and loading areas shall be permanently maintained by the owners or occupants for as long as the principal use exists.

(2)

Operation. .....All required parking areas shall be used exclusively for the parking of vehicles. Parking areas shall not be used for the storage of merchandise, location of dumpsters, or for the storage or repair of vehicles or equipment. Parking areas shall not be used for the sale of merchandise except on a temporary basis for special events.

(G)

Access .....The principal access to all parking, stacking, and loading areas shall have vehicular access to a publicly dedicated street, road or highway maintained by either the North Carolina Department of Transportation or the responsible municipality. Alleyways may be used for secondary access and maneuvering areas.

(H)

Prohibited Locations .....No parking, stacking, or loading area, access drive or driveway shall be located over a sand filter or nitrification field.

3-3.2   OFF-STREET PARKING REQUIREMENTS

(A)

Number of Spaces .....Table B.3.8 contains the off-street parking requirements for motor vehicles. Special requirements, including maximum allowed spaces applicable to new uses constructed after the effective date of this Ordinance, are provided under the Notes column where appropriate.

Table B.3.8
OFF-STREET PARKING REQUIREMENTS

*

SF GFA* equals Square Feet of Gross Floor Area - see Section B.3-3.2(B)(5)

**

NOTE: Off-street parking for other accessory uses meeting the requirements of Section B.2-6 shall be provided at the rate for the principal uses specified in this Table B.3.8.

(B)

Computing Parking Requirements

(1)

Multiple Use. .....In cases of mixed use or where a combination of uses are developed on a site, the minimum number of off-street parking spaces shall be the cumulative total of each of the uses on the site according to the requirements of this Ordinance unless a reduction is granted pursuant to Section B.3-3.5.

(2)

Fractional Space Computations. .....When the computation of the number of off-street parking spaces required by this section results in a fractional parking space requirement, any fraction less than one-half may be disregarded, and any fraction equaling or exceeding one-half shall be construed as requiring one full parking space.

(3)

Seating Computations. .....Where parking is based on seating which consists of benches or pews, each eighteen (18) inches of a bench or pew shall be considered as one seat.

(4)

Number of Employees Computations. .....For the purpose of computing parking requirements based on the number of employees, the owners or managers of the establishment shall be considered employees. Where more than one work shift is employed for any operation, the number of employees shall be calculated as the largest number of persons on any single shift.

(5)

Square feet of Gross Floor Area (SF GFA). .....For the purpose of calculating requirements based on square feet of gross floor area (SF GFA), rooms used solely for mechanical equipment and/or rooms in excess of fifty (50) square feet used solely for storage may be subtracted from SF GFA.

(C)

Unlisted Uses .....The Zoning Officer shall establish the minimum number of parking spaces required and may establish the maximum number of parking spaces permitted for any use not specifically listed in Table B.3.8. The Zoning Officer may consider, but is not limited to, the following in establishing parking requirements for an unlisted use:

(1)

Documentation. .....Documentation supplied by the applicant regarding actual parking demand for the proposed use;

(2)

Evidence. .....Evidence in available planning and technical studies relating to the proposed use;

(3)

Other jurisdictions. .....Required parking for the proposed use as determined by other comparable jurisdictions; or,

(4)

Examination of similar uses. .....Examination of the parking requirements for uses most similar to the proposed use.

(D)

Authority to Approve Parking Exceeding the Maximum Permitted .....Except within the CB and CI Districts, the Zoning Officer may approve the installation of more than the maximum number of parking spaces if the property owner demonstrates each of the following:

(1)

Such additional parking is necessary to meet the parking demand for a specified use;

(2)

Cooperative use of parking is not available or adequate to meet demand; and,

(3)

The maximum number of compact size automobile, motorcycle and bicycle spaces has been used.

(E)

Location of Parking Areas

(1)

Same Zoning Lot. .....All parking areas required in this section shall be located on the same zoning lot as the principal use, except as authorized in the off-site parking provisions in Section B.3-3.4.

(2)

Unoccupied Recreational Vehicles. .....In residential districts, an unoccupied recreational vehicle or travel trailer may be stored on a privately owned lot, provided that it is not located within any required front or side yard nor nearer than six (6) feet to a rear property line, except that it may be stored in an accessory structure, provided that such structure is enclosed and meets the setback requirements for either a principal or accessory structure.

(3)

Parking for Multifamily Dwellings. .....A minimum three (3) foot wide landscaped area shall be provided between any parking area and building wall providing access into the unit(s).

(4)

Parking Placement. .....Up to thirty-three percent (33%) of all required parking is allowed to the front of the building and/or zoning lot. This requirement is additional to the planting requirements set forth in Chapter B, Section 2-1.3.1. Due to topography, lot/parcel configuration or other site plan issues as verified by the Village of Clemmons Planning Staff that would require more than thirty-three percent (33%) of the parking to be located in front of a building and/or zoning lot. This requirement is not applicable to property owners affected by a governmental action that modifies the configuration of the subject property. A developer shall submit a plan that provides one of the following options for shielding the parking:

a.

Walls. .....A wall shall be a minimum of thirty-six (36) inches in height, opaque and shall be constructed of masonry or stone.

b.

Ornamental Fence. .....A fence shall be a minimum of thirty-six (36) inches in height and shall be constructed of powdered aluminum or wrought iron. The developers shall provide twenty (20) supplemental shrubs every one hundred (100) feet of road frontage. The supplemental shrubs must be a minimum of eighteen (18) inches in height at installation, with a minimum height of thirty-six (36) inches within three (3) years after installation. Shrubs must be a locally adapted species which retain foliage to within six (6) inches above ground level.

c.

All other streetyard options as set forth in Chapter B, Section 3-4.3(4) can be used to meet this requirement.

(C-UDO-51, § 1, 4-12-10; UDO-54, § 1, 7-12-10)

3-3.3   DESIGN STANDARDS FOR PARKING AREAS

(A)

General Requirements .....All parking areas shall meet the following design standards:

(1)

Unobstructed Movement. .....Parking areas shall be designed to allow unobstructed movement into and out of each parking space without interfering with fixed objects such as lighting fixtures, dumpsters, signage, or vehicles.

(2)

Access. .....All parking spaces in parking areas shall be designed to have access only from parking area driveways and not directly from public streets.

(3)

Maneuvering Area. .....Except for single family dwellings, twin homes, duplexes, and for multifamily developments of four (4) dwelling units or less, all maneuvers associated with parking and loading must occur in the off-street parking area or structure. Private alleys may be used to conduct parking maneuvers.

(4)

Internal Circulation. .....All parking areas shall be designed to provide for internal circulation such that each parking space is accessible to all other parking spaces without necessitating the use of a public street or alley.

(B)

Dimensional Requirements .....All parking areas shall be designed and constructed to meet minimum parking space dimensions, aisle dimensions, and other standards shown in Table B.3.9. Aisle widths for aisles composed of combinations of different angles of parking shall be the widest aisle width required for any angle of parking found on the entire aisle.

Table B.3.9
PARKING DIMENSIONS

• 7.5 feet = Compact size motor vehicles only
• 8.5 and 9.0 feet — Medium or large size motor vehicles

(1)

Medium and Large-Size Motor Vehicle Spaces. .....Each medium or large-size motor vehicle parking space shall be an unobstructed rectangle of not less than eight and one-half (8.5) feet in width by seventeen and one-half (17.5) feet in length. Medium and large-size motor vehicles are those with an overall length of fifteen (15) feet or greater.

(2)

Compact-Size Motor Vehicle Spaces. .....Each compact parking space shall be an unobstructed rectangle of not less than seven and one-half (7.5) feet in width by fifteen (15) feet in length. Compact-size motor vehicle spaces are those with an overall length of fifteen (15) feet or less.

(3)

Motorcycle Spaces. .....A motorcycle parking space shall be a minimum of four and one-half (4.5) feet in width by seven (7) feet in length.

(4)

Bicycle Spaces. .....A bicycle parking space (accommodation for a minimum of two (2) bicycles) shall be a minimum of two and one-half (2.5) five (5) feet in width by six (6) feet in length. Bicycle racks (accommodating a minimum of two (2) bicycles) shall be installed with adequate space (one two and one-half (2.5) foot minimum) beside the parked bicycle allowing a bicyclist to reach and operate a locking mechanism. There shall be at least two (2) feet of clearance beside each parked bicycle when multiple racks are installed.

A bicycle parking space shall be a located minimum of two and one-half (2.5) feet from any permanent object or curb to allow for adequate maneuvering space for the bicyclist and for motorists accessing parked vehicles. Additionally, there shall be a minimum five (5) foot clear pedestrian zone adjacent to the bicycle parking space.

(5)

Recreational Vehicle Spaces. .....A recreational vehicle parking space shall be a minimum of ten (10) feet in width by twenty-five (25) feet in length.

(6)

Parking Structures. .....In parking structures, aisle and stall dimensions may be reduced in accordance with the Recommended Guidelines for Parking Geometrics, published by the National Parking Association (August 1989) or as subsequently amended.

(7)

Disabled Parking. .....Please see Volume 1C of the North Carolina Building Code.

(C)

Parking Surfaces

(1)

Paving. .....In GMA 1, any required parking, stacking, and loading area, and all access drives and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights, except as noted in Section B.3-3.3(C)(3).

(2)

Gravel. .....All other parking areas shall be improved with a minimum of four (4) inches of crushed rock, except as noted in Section B.3-3.3(C)(3).

(3)

Exceptions. .....Paving or graveling shall not be required for the following:

(a)

Temporary parking or parking for construction purposes. .....Parking areas used on an irregular or temporary basis for churches, clubs or lodges, other similar nonprofit organizations, or structures under construction.

(b)

Agricultural Uses. .....Parking areas for agricultural uses.

(c)

Parking for Construction Equipment. .....Parking areas for tracked heavy construction equipment, skid-mounted equipment, and similar equipment, are exempt from the paving requirements provided these parking areas are constructed with an all-weather surface.

(d)

Overflow Parking. .....Parking areas identified specifically as overflow parking or parking exceeding the minimum number of spaces required.

(e)

Neighborhood Shopping Center Business District (NSB). .....In the NSB District, up to ten percent (10%) of the required parking spaces may be unpaved and used for open space purposes during off peak hours, under the provisions of Section B.2-1.3(H)(3)(f).

(D)

Markings and Traffic Control Devices

(1)

Delineation. .....The property owner shall delineate all required parking and loading spaces, stacking lanes, disabled parking spaces, directional arrows, crosswalks, and maneuvering areas within parking areas using paint or other methods approved by the Zoning Officer.

(2)

Signage. .....The Zoning Officer may require a developer to install signage in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking area or structure.

(E)

Driveways

(1)

Approvals. .....Except for individual single family dwellings, the design and location of all entrance or exit driveways to parking or loading areas of any use from a public street or highway shall be approved by the appropriate jurisdiction as provided herein. For all driveways outside the zoning jurisdiction the District Engineer for the North Carolina Department of Transportation shall approve all driveway designs and locations prior to the issuance of a zoning or building permit.

(2)

Combined Driveways and Access. .....The owners of adjoining properties are encouraged to provide combined driveways and connections whenever practical. Please refer to Section B.3-3.5(L) for the incentive to provide combined driveways and connections.

(3)

Dimensional Requirements for Access Drives. .....Internal circulation driveways and access drives that do not provide direct access to parking spaces shall be a minimum of twenty (20) feet in width for two-way traffic and twelve (12) feet in width for one-way traffic unless otherwise specified by the Zoning Officer. Residential uses containing six (6) or fewer dwelling units or having parking areas designed and clearly marked for one-way traffic shall have access drives a minimum of twelve (12) feet in width.

(4)

Driveways for Large Parking Areas (One Hundred [100] or More Spaces). .....For each zoning lot containing parking areas with one hundred (100) or more required spaces, a minimum forty (40) foot deep unobstructed driveway shall be provided from the right-of-way line to a traffic aisle or access to a parking space to accommodate the ingress and egress of at least two (2) vehicles without interference to parking maneuvers or access drives, unless:

(a)

Frontage Road Access. .....Internal access to the parking area is provided by a private frontage road which parallels the public street, provided no parking is provided along the access drive or frontage road and a minimum forty (40) foot distance without left turn movements is provided along the access drive;

(b)

Spaces per Driveway Ratio. .....The ratio of parking spaces to driveway access points does not exceed 100:1, where multiple driveways provide access to the zoning lot; or,

(c)

Other Stacking Area. .....Adequate unobstructed off-street stacking area to accommodate two (2) vehicles is otherwise provided.

(F)

Drive-Through Facility Stacking Lanes

(1)

Number. .....Drive-through facilities requiring stacking lanes shall be provided as follows:

(2)

Width. .....Each lane of stacking space shall be a minimum of nine (9) feet in width and must be delineated with pavement markings.

(3)

Length. .....Each stacking space shall be a minimum of sixteen (16) feet in length, however, individual spaces within the lane shall not be delineated with pavement markings.

(4)

No Conflict of Use. .....Stacking lanes shall not interfere with access to required parking or ingress or egress from a public street.

(5)

Automatic Teller Machines. .....Automatic teller machines located in parking areas of shopping centers or on internally oriented out lots are not required to provide stacking spaces.

(6)

Relationship to Required Parking. .....Drive-through stacking lanes shall be counted towards the minimum number of required parking spaces for all uses.

(G)

Wheel Stops or Curbs .....Where concrete curbs are not installed adjacent to public sidewalks, public rights-of-way, landscaped areas, or internal roadways, anchored wheel stops shall be installed to prevent vehicles from encroaching into these areas. All wheel stops shall be two (2) feet from the front end of the parking space for front-end parking and four (4) feet from the front of the parking space for rear-end parking.

(H)

Parking in Required Yards .....A parking area may be located in a required yard provided that wheel stops are installed and maintained to protect required screening.

(I)

Landscaping and Screening .....All motor vehicle surface areas shall be landscaped as required in Section B.3-4 and bufferyards shall be provided as required in Section B.3-5.

(J)

Lighting .....Any lighting in parking, stacking, and loading areas shall be so shielded as to cast no direct light upon adjacent properties or structures.

(K)

Drainage .....All parking, stacking, and loading areas shall be designed to meet the requirements of the Erosion Control Regulations, Section C.7.

(UDO-54, § 1, 7-12-10)

3-3.4   OFF-SITE PARKING

(A)

Off-Site Parking Accessory to Multifamily or Institutional Uses .....Surface parking in a RS or RM District to serve either multifamily residential or institutional must be approved by the Elected Body and meet the following additional requirements:

(1)

Multifamily parking. .....Multifamily parking in a residential district shall be allowed only if said lot abuts for a distance of not less than twenty-five (25) feet upon the zoning lot to which such parking would be accessory.

(2)

Institutional parking. .....Institutional parking in a residential district shall be allowed only if the lot used for institutional parking abuts for a distance not less than twenty-five (25) feet upon the zoning lot to which such parking would be accessory, or if said lot is adjacent for twenty-five (25) feet to, but separated by a public street from, the zoning lot to which such parking would be accessory.

(3)

Ingress or egress .....shall be as follows:

(a)

Multifamily parking. .....Ingress or egress for multifamily parking shall be only through the multifamily site.

(b)

Institutional parking. .....Ingress or egress for institutional parking shall be only through the institutional site or from a public street.

(4)

Setback. .....Where any such parking area abuts residentially zoned land or a residential use, said parking shall be set back from the property line a distance of not less than fifteen (15) feet.

(B)

Other Off-Site Parking .....For all uses except multifamily or institutional uses described in Section B.3-3.4(A), the Zoning Officer may authorize a portion of the required parking for a use to be located on a site other than the principal use under certain circumstances. Off-site parking facilities shall meet the following requirements:

(1)

Ownership. .....The off-site parking shall be located on a separate zoning lot from the principal use where both lots are owned by the same person or the off-site parking shall be leased by the owner of the principal use.

(2)

Zoning District. .....The secondary parking lot shall be in a zoning district in which the principal use it supports is a permitted use, with the exception that a secondary parking lot supporting any twin home, duplex, townhouse, multifamily, or institutional use may be located in any nonresidential zoning district.

(3)

Visitor Parking. .....Adequate visitor parking shall exist at the principal use location.

(4)

Pedestrian Access. .....Adequate pedestrian, van, or shuttle connection between the sites shall exist.

(5)

Certain Retail Uses. .....Off-site parking for retail uses requiring off-street parking at a rate of one space per two hundred (200) square feet gross floor area or greater, per Table B.3.8, shall not be permitted, except where such parking is located on a contiguous zoning lot within a zoning district which permits the principal use and is located within two hundred fifty (250) feet of the zoning lot containing the principal use.

(6)

Contract for Parking. .....Where established by lease, the lease shall make the secondary parking lot or lots available for a minimum term of ten (10) years and grant subsequent options for two (2) additional five (5) year lease periods. A copy of the contract, properly executed, shall be filed with the Zoning Officer prior to the issuance of a zoning permit for the secondary parking lot.

(7)

Other Uses. .....Where parking is established on a secondary lot or lots owned by the owner of the lot on which the principal use is located, the secondary lot or lots may not be used for any purpose other than parking required for the principal use unless there is sufficient room for: shared parking; any use which may be placed on the secondary lot or lots; and any parking required for the use placed on the secondary lot or lots.

(8)

Continuance of Use. .....The continuance of the principal use shall be contingent upon the continuance of the off-site parking or the substitution of other parking consistent with the terms of this Ordinance. A parking covenant shall be drawn to the satisfaction of either the City or County Attorney, executed by all parties concerned, and recorded. The contract shall assure the continued availability of the off-site parking facilities for the life of the use that the parking is intended to serve.

3-3.5   ALTERNATIVES AND INCENTIVES

(A)

Purpose .....The purpose of this section is to encourage the property owner to reduce the amount of impervious surface cover needed for parking by providing a variety of alternatives and incentives. Any parking alternative proposed or incentive utilized by the property owner must be approved by the Zoning Officer and shall accomplish the following:

(1)

Intent. .....The intent of the parking requirements is preserved;

(2)

Sufficient parking. .....The parking provided will be sufficient to serve the use for which it is intended; and,

(3)

Impact. .....The modification will not be detrimental to the public health, safety, or welfare.

(B)

Shared Parking

(1)

Reduction of Parking Requirements. .....The Zoning Officer may authorize a reduction of the parking requirements or parking spaces for any mixed use project or nearby uses where peak parking demand characteristics or hours of operation are distinctly different in accordance with this section. All reductions of parking requirements authorized by the Zoning Officer within the corporate limits of any municipality must also receive approval from the Director of Public Works or Town Manager, whichever is applicable.

(2)

Requirements. .....A request for approval of shared parking shall be accompanied by such information determined by the Zoning Officer as necessary to evaluate the relevant factors listed in the section below, including, but not limited to, a description of the uses, a site plan, and a transportation engineering report. Calculations shall be based on the Shared Parking Standards developed by the Urban Land Institute, as amended.

(3)

Accessibility. .....All shared parking spaces shall be located in a parking facility providing reasonably equivalent accessibility and usability to all uses which the parking is intended to serve.

(4)

Ownership. .....In cases where the uses for which shared parking is requested are located on lots under different ownership, a contract pursuant to Section B.3-3.4(B)(6) shall be provided.

(5)

Conditions. .....In determining whether to approve a reduction for shared parking, the Zoning Officer shall consider all relevant factors, including the following:

(a)

Peak Parking Demand. .....The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation;

(b)

Reduction in Vehicle Movements. .....Potential reduction in vehicle movements afforded by multi-purpose use of the parking facility by employees, customers, or residents of the uses served; and,

(c)

Potential Improvements. .....Potential improvements in parking facility design, circulation, and access afforded by a shared parking facility.

(C)

Park and Shuttle Lots in Business and Industrial Zoning Districts

(1)

Conditions. .....The Zoning Officer may authorize any business use(s), industrial use(s), or zoning lot which has a minimum of one hundred seventy-five (175) contiguous parking spaces to establish a park and shuttle lot provided that:

(a)

Maximum. .....Not more than ten percent (10%) of the required parking spaces for the use(s) or for the zoning lot may be designated as a park and shuttle lot.

(b)

Location. .....All designated park and shuttle spaces shall be located in outlying areas of the parking lot so as not to interfere with customer or employee parking needs.

(2)

Short-term Parking. .....All designated park and shuttle areas shall be for short-term (less than twenty-four (24) hours) parking for commuters of any public carpooling, vanpooling, or transit program.

(D)

Reductions and locations in the NB, NO and PB Districts

(1)

In the NB, NO and PB District:

(a)

Amount Required. .....For any permitted use in the NB, NO and PB District, the required amount of parking may be reduced by thirty percent (30%). This reduction shall not affect the required disabled parking or loading spaces for that use.

(b)

Off-Street Parking. .....Off-Street parking in the NB, NO and PB Districts shall meet the following location requirements.

(i)

Single Street Frontage. .....A zoning lot which only has frontage on one street shall have a maximum of two (2) surface off-street parking and unloading spaces located between the building wall and the street or an extension of that building wall through the entire street frontage. Any additional surface off-street parking and unloading spaces shall be located to the sides or rear of that building wall as extended through the street frontage. The provisions of this Section shall not apply to zoning lots that do not have street frontage provided the zoning lot is located at least one hundred (100) feet from the street. Also exempt from these provisions are "flag" shaped zoning lots with fifty (50) feet or less of street frontage as long as the "pole" of the flag lot from the street is only used for access without parking and the remainder of the zoning lot to be used for building and parking purposes is located at least one hundred (100) feet from the street.

(ii)

Multiple Street Frontages. .....A zoning lot which has frontage on two (2) or more streets shall have at least one building wall located not more than fifteen (15) feet from one of those street frontages. There shall be no surface off-street parking or unloading spaces located between that building wall and the street or an extension of that building wall through the entire street frontage.

(c)

On-Street Parking. .....On-street parking may be permitted in accordance with Section B.3-3.5(M).

(E)

Compact Parking

(1)

Maximum Amount. .....For all uses, the property owner may design and construct up to a maximum of twenty-five percent (25%) of the required parking spaces for compact stalls in accordance with the dimensions provided in Section B.3-3.3(B)(2).

(2)

Identification.

(a)

Markings. .....The property owner shall identify all compact parking stalls within the parking area with pavement markings. Each compact parking space shall be individually designated as a compact space in letters not less than twelve (12) inches high and seven (7) inches wide in size, which state: COMPACT.

(b)

Symbols. .....A symbol may be used in lieu of letters if approved by the Zoning Officer.

(3)

Signs. .....Signs shall be provided to indicate the location of the compact parking.

(4)

Location. .....All compact parking spaces shall be conveniently located and dispersed throughout the required parking area.

(F)

Motorcycle Parking

(1)

Maximum Amount. .....For all uses, the property owner may design and construct up to a maximum of two percent (2%) of the required number of parking spaces as motorcycle stalls in accordance with the dimensions provided in Section B.3-3.3(B)(3).

(2)

Identification.

(a)

Markings. .....The property owner shall identify any motorcycle parking stalls within the parking area with pavement markings. Each motorcycle parking space shall be individually designated as a motorcycle space in letters not less than twelve (12) inches high and seven (7) inches wide in size, which state: MOTORCYCLE.

(b)

Symbols. .....A symbol may be used in lieu of letters if approved by the Zoning Officer.

(3)

Fulfilling Requirements. .....Motorcycle parking spaces allowed by this section shall count toward fulfilling the total motor vehicle parking requirements.

(G)

Bicycle Parking

(1)

Maximum Amount. .....For all uses, the property owner may design and construct up to a maximum of five percent (5%) of the required number of parking spaces as bicycle stalls in accordance with the dimensions provided in Section B.3-3.3(B)(4). Accommodation for two (2) bicycles shall be provided for each parking space being replaced.

(2)

Location. .....Bicycle parking stalls and racks shall be located to be highly visible from the street or building entrance from where bicyclists approach. Bicycle racks shall not be installed in isolated locations but shall be located within fifty (50) feet of the main entrance(s) of the building for which they are intended or in a comparably convenient location where there is constant pedestrian traffic, except up to one-third (⅓) of the bicycle parking provided may be placed at convenient locations for employees and residents. Bicycle racks may be installed on public rights-of-way with prior approval from the Village of Clemmons Public Works Director.

(3)

Use. .....Bicycle racks shall be for use by the general public as well as employees and residents.

(4)

Separation from Motor Vehicle Parking. .....Bicycle parking areas shall be separated from motor vehicle parking areas (automobiles, trucks, motorcycles, etc.) by at least a curb barrier which would prevent vehicles from damaging bicycles.

(5)

Bicycle Rack Design. .....Bicycle racks shall be designed to be capable of supporting the bicycle in an upright position. Bicycle racks shall be securely anchored to the supporting surface(s). Bicycle racks shall be at least three (3) feet in height unless the bicycle parking area is surrounded by a railing, hedge, or wall three (3) feet in height which is readily visible to pedestrians.

(H)

Parking Reduction for Required Landscaping in Motor Vehicle Use Areas .....For all uses, the property owner may reduce the number of required parking spaces for the installation of required interior planting areas up to a maximum of ten percent (10%). Up to an additional five percent (5%) reduction is permitted where an area which would otherwise be devoted to parking cannot be used in order to preserve an existing tree with a diameter of six (6) inches or greater.

(I)

Parking Reduction on Winston-Salem Transit Authority Regular-Route Transit Line or Adjacent to Piedmont Authority for Regional Transportation (PART) Transit Stop .....For all uses located within seven hundred fifty (750) feet of a Winston-Salem Transit Authority regular-route transit line, or within seven hundred fifty (750) feet of a PART transit stop, the property owner may reduce the amount of required parking up to a maximum of five percent (5%). This reduction shall not affect the required disabled parking or loading spaces for that use.

(J)

Parking Reduction for Public Greenways and Sidewalks .....For all uses abutting an existing or publicly adopted planned public greenway or sidewalk, the property owner may reduce the amount of required parking up to a maximum of three percent (3%). This reduction shall not affect the required disabled parking or loading spaces for that use.

(K)

Alternative Parking Allowance in NSB District .....In the NSB District, up to ten percent (10%) of the required parking spaces may be unpaved or unimproved with gravel, and used for open space under the provisions of Section B.2-1.3(H)(3)(f).

(L)

Combined Driveways and Access .....For all uses providing a combined driveway to adjoining properties, the property owner may reduce the amount of required parking up to a maximum of five percent (5%).

(M)

On-street Parking Supplements for Pedestrian Oriented Developments .....The pedestrian nature of a site can be enhanced by permitting on-street parking connected to exterior and interior sidewalks.

(1)

On-street parking satisfying the off-street parking requirements of Table B.3.8 may be permitted for sites in the PB and LB Special Use District Zoning Districts, MX zoning district, or Planned Residential Developments, if the following requirements are met:

(a)

Sites eligible for the credit below shall not generally be located on streets classified as collectors or thoroughfares. However, the Village of Clemmons, North Carolina Department of Transportation (NCDOT), or other applicable agency may consider locations on collectors or thoroughfares on a case by case basis;

(b)

Parking shall be located on road frontage contiguous to the site;

(c)

All parking shall be angled or parallel meeting the requirements of Table B.3.9, and must be approved by the Public Works Department of the Village of Clemmons, the NCDOT, or other agency, whichever is applicable;

(d)

Credit for on-street parking shall not exceed thirty-five percent (35%) of the total off-street parking requirements of the site;

(e)

Sidewalks meeting Section B.3-3.5(M) shall be constructed immediately adjacent to on-street parking spaces and connected to a well defined interior pedestrian system;

(f)

No off-street parking shall be located between a building and any on-street parking except as approved for temporary parking for an earlier phase of a multi-phase development;

(g)

Developer shall dedicate public right-of-way or public road maintenance easements necessary to meet the requirements of Table B.3.9 and must be approved either by the Public Works Department of the Village of Clemmons or the North Carolina Department of Transportation, whichever is applicable;

(h)

Owner shall construct all required improvements within public rights-of-way to applicable public design standards;

(i)

All buildings shall face the street and provide the principal entrance to the structure from the front or side of the structure; and,

(j)

All buildings shall front on at least one side preferably the entrance side of the building, on a street with no intervening parking area.

(C-UDO-52, § 1, 4-12-10; UDO-54, § 1, 7-12-10; C-UDO83 , § 28, 6-28-21)

3-3.6   OFF-STREET LOADING AND UNLOADING AREAS

(A)

Requirements .....In all districts except the CB and CI Districts, any building or land used for commercial, industrial, or institutional purposes, shall be designed to provide adequate space for off-street parking to accommodate the loading and unloading of goods and materials consistent with the size and proposed use of the building or land. Such space, whether inside or outside a building, shall be in addition to the parking requirements in Table B.3.8 and shall be designed so as not to impede normal vehicular and pedestrian circulation.

(B)

Location .....Off-street loading and unloading areas shall be located on the same lot or adjoining lots as the use for which they are provided.

(C)

Design Standards

(1)

Dimensional Requirements. .....Each loading area shall be at least twelve (12) feet wide, sixty-five (65) feet long, and shall have a minimum height clearance of fifteen (15) feet.

(2)

Reduction. .....The Zoning Officer may reduce the required stall length and maneuvering length if the property owner demonstrates that known delivery vehicles can park and maneuver within the proposed loading and maneuvering spaces such that no part of the vehicle projects into a public right-of-way, access easement, private road, or required landscaping. The reduction shall be based on the nature of the use, or combination of uses, as well as the specific design characteristics of the project.

(3)

Maneuvering Area. .....Loading areas shall be designed and located such that commercial vehicles shall not back into a public street or alley.

(4)

Alley Access. .....When the lot upon which loading areas are located abuts upon an alley, such loading areas may have access from the alley. Where such loading area is parallel with the alley and the lot is sixty (60) feet or less in width, the loading area shall extend across the full width of the lot.

(5)

Industrial Developments. .....Industrial developments shall be designed with the following loading area design standards:

(a)

Location. .....Loading facilities shall be located either to the rear or side of the industrial structure(s) to alleviate unsightly appearances often created by loading facilities. Where such location is not feasible, a streetyard according to the standards of Section B.3-4.3(B) shall be installed along the entire length of road which the loading docks face.

(b)

Maneuvering. .....Each industrial site shall be self contained and capable of handling its own truck maneuvering and docking requirements. The use of public streets for commercial vehicles staging and/or maneuvering is prohibited.

(c)

Depth. .....Minimum depth of eighty-five (85) feet is required for commercial vehicle docking and maneuvering.

(d)

Turning Radius. .....At least one driveway approach capable of accommodating a forty-eight (48) foot wheel track turning radius and at least one on-site maneuvering area which provides a forty-eight (48) foot wheel track turning radius through the parking area shall be provided for each industrial site.

(D)

Number of Loading Spaces Required

(1)

Uses Handling Goods in Quantity. .....Uses which normally handle large quantities of goods, including, but not limited to manufacturing plants, wholesale establishments, warehouses, freight terminals, hospitals, and shopping centers, shall provide off-street loading facilities as shown in Table B.3.10.

Table B.3.10
Loading Space Requirements for Uses Handling Goods in Quantity.

(2)

Uses Not Handling Goods in Quantity. .....Commercial establishments which do not handle large quantities of goods, including, but not limited to, office buildings, restaurants, auditoriums, convention halls, stadiums, exhibition halls, funeral homes, hotels, and motels shall provide off-street loading as shown in Table B.3.11.

Table B.3.11
Loading Space Requirements for Uses
Not Handling Goods in Quantity

(E)

Shared Loading

(1)

Reduction of Loading Requirements. .....The Director of Inspections may authorize a reduction of the loading requirements or loading spaces for any mixed use project or nearby uses where peak loading demand characteristics or hours of operation are distinctly different in accordance with this section. All reductions of loading requirements authorized by the Director of Inspections within the Village of Clemmons must also receive approval from the Village Manager.

(2)

Requirements. .....A request for approval of shared loading shall be accompanied by such information determined by the Director of Inspections as necessary to evaluate the relevant factors listed in Sections B.3-3.6(E)(3)—(5), including, but not limited to, a description of the uses, a site plan, and a transportation engineering report.

(3)

Accessibility. .....All shared loading spaces shall be located in a loading facility providing reasonably equivalent accessibility and usability to all uses which the loading is intended to serve.

(4)

Ownership. .....In cases where the uses for which shared loading is requested are located on lots under different ownership, a contract pursuant to Section B.3-3.4(B)(6) shall be provided.

(5)

Conditions. .....In determining whether to approve a reduction for shared loading, the Director of Inspections shall consider all relevant factors, including the following:

(a)

Peak Loading Demand. .....The characteristics of each use and the differences in projected peak loading demand, including days or hours of operation;

(b)

Reduction in Vehicle Movements. .....Potential reduction in vehicle movements afforded by multi-purpose use of the loading facility by employees, customers, or residents of the uses served; and,

(c)

Potential Improvements. .....Potential improvements in loading facility design, circulation, and access afforded by a shared loading facility.

3-4.1   GENERAL REQUIREMENTS

(A)

Purpose .....It is the intent of this section to enhance the appearance and environmental quality of both public and private development sites in the Village of Clemmons by requiring the planting of new trees, large canopy where appropriate, and the preservation and maintenance of high-quality existing trees, in order to:

(1)

Preserve environmental character, protect and enhance the natural environment;

(2)

Establish and maintain tree cover;

(3)

Promote healthy managed forest;

(4)

Increase site stormwater infiltration capacity, improve groundwater recharge, reduce flooding and reduce erosion and urban runoff pollution hazard by preserving vegetated areas to slow and absorb stormwater run-off;

(5)

Improve air quality (i.e. air pollution, carbon dioxide, greenhouse gases);

(6)

Improve the appearance of motor vehicle use areas within close proximity of vehicular rights-of-way;

(7)

Improve appearance of large areas;

(8)

Enhance property values and protect public and private investments by emphasizing the importance of trees and vegetation as visual and physical bufferyards to property values on adjacent properties;

(9)

Provide architectural interest and human scale and comfort by providing shade, reducing solar heat absorption, and reducing noise levels;

(10)

Improve the appearance of public properties from vehicular rights-of-way and adjacent properties, as well as for users on the properties.

(B)

Applicability of Landscaping Standards .....Unless otherwise provided in this section, an occupancy permit shall not be issued until all required planting and landscaping materials are installed. The following motor vehicle use areas are required to be landscaped:

(1)

Motor vehicle surface areas;

(2)

Motor vehicle display areas;

(3)

Outdoor storage areas;

(4)

Utility service areas;

(5)

Parking buildings or structures; and,

(6)

Public or private schools.

(C)

Exclusions .....The following uses shall be exempt from the landscaping and preservation requirements of Section B-3.4.2.1:

(1)

A single family detached dwelling on its own lot;

(2)

An attached dwelling unit which possesses an individually separated driveway and/or garage; and,

(3)

Fire hydrants and other utility devices whose visibility is vital to public safety.

(4)

Additional exclusions from the landscaping and tree preservation standards are cited in 3-4.1(A) and are applicable to all development and redevelopment unless otherwise exempted in B-4.1(C) and B.3-4.2.7(A).

(D)

Applicability of Tree Preservation and Planting Standards

(1)

The applicability of the tree preservation and planting standards is referenced in Section B.3-4.2.1

(C-UDO-58, § 2, 5-9-11)

3-4.2   APPLICATION PROCEDURES AND GENERAL REQUIREMENTS

(A)

Application .....When an application is made for a land disturbing permit, on any land where the landscaping and tree preservation requirements of this section are applicable, the land disturbing permit application shall be accompanied by the information cited in Sections B.3-4.2(A)(1)—(4) and B.3-4.2.1. Additional information to be submitted with the application for land disturbing permit includes:

(1)

Storage, Surface, and Service Areas. .....A site plan indicating the location, dimensions, and square footage of motor vehicle surface areas, motor vehicle display areas, outdoor storage areas, private utility service areas, proposed parking space striping, and overhead utility lines;

(2)

Landscaping. .....A site plan indicating existing and proposed landscaping used to satisfy the requirements of this section, including the number, species, location, and heights of trees, shrubs, and groundcover; the location and dimensions of planting areas and streetyards; the location and size of earthen berms; and, the location, size, and construction material of fences, walls, and wall planters;

(3)

Existing Trees to be Preserved. .....A site plan and any associated documentation prepared by a professional meeting the requirements of Section B.7-3.4 shall be submitted and identify the number, location, species, height, and diameter breast height (DBH) of existing trees to be preserved for credit as per Section B.3-2.14 where individual trees are being preserved, and a general description of the character, species mixture, health and age of trees present in tree stands where tree stands are being preserved for credit; and,

(4)

Barriers. .....The location and description of any barriers to be erected to protect any existing vegetation from damage during construction. Refer to Section B.3-4.2.1(A)(6).

(B)

Delay of Landscaping .....If the required landscaping has not been installed at the time of a request for an occupancy permit, and the Zoning Officer determines that the unavailability of plant materials or adverse weather conditions prohibit the timely completion of planting, an occupancy permit may be issued prior to installation of required landscaping, subject to the following:

(1)

Completion Schedule. .....The applicant shall sign a contract with the Village of Clemmons specifying that the work shall be completed within the six (6) months immediately following the date of application for an occupancy permit; and,

(2)

Security. .....An improvement security in the form of an escrow account or other instrument (i.e. bond, letter of credit, etc.) shall be required prior to issuance of an occupancy permit. The improvement security shall be in an amount deemed sufficient by the Zoning Officer to cover all costs of required landscaping or screening which has not been installed. The security shall be addressed to the Village of Clemmons Finance Officer and updated until such improvements are installed. Such security shall be valid until the work is completed in accordance with the permit. The security shall be forfeited upon violation of this section and shall be used toward completion of all planned improvements. Any monies in excess of the cost of installing required landscaping shall be refunded to the applicant. The security shall be released when the Zoning Officer certifies that all requirements of this Ordinance have been met.

(C)

Compliance with Sight Easement Requirements .....Landscaping required by this section shall comply with the minimum State or local sight easement requirements for street intersections and driveways.

(D)

Obstruction of Pedestrian Routes .....Required landscaping shall not obstruct or impede public pedestrian routes including sidewalks and greenway trails.

(E)

Protection of Planting Areas .....Whenever any planting areas required by this section are adjacent to motor vehicle surface areas, motor vehicle display areas, or outdoor storage areas, the planting areas shall be protected from motor vehicle intrusion or damage from excessive motor vehicle lubricants or fuels.

(F)

Stabilization of Soil Surface .....The soil surface of all planting areas required by this section shall be stabilized to prevent erosion. In addition to required interior trees and shrubs, the soil surfaces of planting areas shall contain live groundcover, mulch, live shrubs, permeable pedestrian paver blocks, or a combination thereof.

(G)

Planting and Maintenance .....The planting and maintenance provisions of this Ordinance shall apply to new trees and existing trees planted after September 1, 1991 which satisfies the requirements of this Ordinance.

(1)

Planting and Maintenance Standards. .....The use of American National Standards Institute (ANSI) A300 standards shall be required for the planting and maintenance of all required landscaping. Please review the Village of Clemmons Planting Manual(reserved) for further information about planting and maintenance.

(2)

Tree Topping. .....Topping of any tree required by this Ordinance as defined by the ANSI A300 standards shall be prohibited. This shall be reviewed and enforced by the Village Public Works Director or designee.

(3)

Maintenance of Plantings Required by Section B.3-4.1. .....The landowner is responsible for maintaining all required plant materials in good health. Any dead or missing plants must be replaced with new planting which meets the minimum installation dimension standards of this section. Plant replacement shall take place within one month of written notification by the Zoning Officer or within the nearest acceptable planting season as determined by the Director of Inspections or designee. In the event that plant material is severely damaged due to an unusual weather occurrence or other act of nature, or if replacement plantings are unavailable within one month of written notification, the landowner will have six (6) months from the date of written notification to replace plantings.

(H)

Enforcement and Penalties

(1)

Enforcement. .....The Director of Inspections or designee shall conduct site inspections to ensure compliance with the provisions of this Ordinance prior to the issuance of grading permits as well as prior to the issuance of a Certificate of Occupancy (CO), except where existing trees in residential subdivisions are preserved in accordance with Section B.3-4.2.1(A), compliance shall only be ensured prior to plat approval.

(a)

The Director of Inspections shall enforce the provision and fines of this Ordinance in accordance with Section B.3-4.2(H).

(2)

Penalties.

(a)

Penalties for the removal of or damage to trees, prior to the approval of the required landscape plan submittal under Section 3.4.1(A)(3) shall be five thousand dollars ($5,000.00) per acre or fraction thereof not to exceed fifty thousand dollars ($50,000.00) of the required tree save areas as outlined in Section 3.4.2.1.

(b)

Removal or Damage to Individual Trees after Landscape Plan Approval: The penalty for removal of or damage to the Critical Root Zone (CRZ) of protected trees or area to be cordoned off as determined by the Winston-Salem/Forsyth County Inspections, after the issuance of a landscape plan within an approved TSA shall result in a civil penalty up to the amount shown in the chart below. In addition the replacement trees shall be on approved planting list or as approved by the Director of Inspections or designee up to the amount shown in the following chart:

(c)

Failure to Install or Maintain Tree Protection Devices. .....There shall be a civil penalty of five hundred dollars ($500.00) per day for failure to install or maintain approved tree protection measures sufficient to protect the TSA beginning ten (10) days after the citation is issued and ending when the site is in compliance.

(d)

Destruction by Natural Event. .....In the occurrence of a natural event which destroys a required tree save area, the owner or lessee shall have one hundred eighty (180) days to replant. Replaced plant material must be in compliance with the minimum size, spacing and quantity standards of this section.

(I)

Combining Landscaping, Tree Preservation, Planting Area and Bufferyard Requirements .....Where motor vehicle surface area plant materials and bufferyard plant materials are required on the same property, trees may be located in such a manner as to simultaneously satisfy all requirements. Required planting areas shall not be cumulative; however, the greater of the planting areas specified in Section B.3-5 or this section shall be the required planting area.

(J)

Overhead Utility Lines .....The location of overhead utility lines shall be considered during the placement or preservation of required trees. The maximum mature height of required trees shall be determined as follows: (Suggested plant materials are listed in Section B.3-4.10).

(1)

Small varieties: .....Small variety trees shall be used when located twenty-five (25) feet, measured horizontally, from the nearest overhead utility lines(s).

(2)

Small or medium varieties: .....Small or medium variety trees shall be used when located within twenty-five (25) to thirty-five (35) feet, measured horizontally, from the nearest overhead utility line(s).

(3)

Small, medium, or large varieties: .....Small, medium, or large variety trees may be used when located more than thirty-five (35) feet, measured horizontally, from the nearest overhead utility line(s).

(K)

Safety and Security .....Safety and security concerns should receive prominent consideration during the selection and placement of landscape materials.

(L)

Fire Protection Equipment .....A minimum five (5) foot radius containing no plant materials or structural elements other than groundcover plants shall be maintained around all fire protection equipment, including fire hydrants, post indicator valves, and Siamese connectors. Obvious sight lines to the fire protection equipment shall be maintained at all times.

(M)

Off-Street Parking Reduction .....A reduction in the amount of required off-street parking is permitted in accordance with the alternatives and incentives provisions of the parking requirements Section B.3-3.5(H) for the installation of landscaping required by the landscaping requirements of this Ordinance.

(C-UDO-58, § 2, 5-9-11)

3-4.2.1   TREE PRESERVATION AND PLANTING STANDARDS

(A)

Tree preservation and planting standards of this section are applicable for all development except as cited in Section 3-4.1(C) and as noted below:

The following are exempt from the tree preservation and planting requirements of this Ordinance:

(i)

Development sites located in areas zoned CB, CI, sites zoned PB in Growth Management Area (GMA) 1, and all sites in GMA 5;

(ii)

Individual residential lots platted prior to the adoption of this Ordinance;

(iii)

Minor subdivisions;

(iv)

Redevelopment of sites zoned PB, GB, MX, and C which demonstrate a pedestrian-oriented urban form in accordance with Section B.2-1.3(1). Redevelopment of sites zoned PB, GB, MX, and C shall be exempt from the requirements of Section B.3-4.2.1. Instead, such development shall include one large variety street tree, as allowed by overhead utilities or road ownership, per fifty (50) feet of street frontage. These trees shall be spaced forty (40) to sixty (60) feet apart and shall be located within the street right-of-way;

(v)

Existing development and all development with plans or applications approved or accepted into the review process prior to the effective date of this Ordinance.

(1)

Purpose of the tree save area(s) (TSAs). .....The purpose of the TSA is to encourage the preservation and maintenance of one or more areas of healthy existing trees four (4) inches or greater in diameter breast height (DBH) (4.5 feet above ground) and/or healthy stands of trees containing a variety of tree species with trees of various ages, including mature and maturing trees, meeting the requirements of this Ordinance. Tree save areas may also include new trees and preservation flexibility options (B-4.2.1(B)) which satisfy the requirements of B.3-4.2.1(A)(4).

(2)

Calculation of Required Tree Save Area. .....Calculation for tree save areas (TSA) shall exclude the square footage areas for existing and proposed public street rights-of-way, existing or proposed utility easement, and existing water bodies and new water bodies required to satisfy the stormwater management requirements otherwise required by law or ordinance. The combined square footage of these areas shall be deleted from the total parcel area for new development and for the limits of disturbed areas for additional development to an already developed site before the required percentage of TSA is calculated. Tree save area shall be calculated as follows:

a.

Stands of Trees. .....The tree save area for a stand of trees shall be calculated as the acreage that stand of trees occupies. Stands of trees shall be exempt from the species requirements of this Ordinance (Section B.3-4.10) as long as a stand of trees is determined to meet the intent of the tree save area requirements of this Ordinance; however, no stand consisting primarily of species prohibited from ordinance credit in accordance with Section B.3-4.10(G) shall be counted towards the tree save area requirements of this Ordinance.

b.

Individual Trees. .....The tree save area for an individual existing tree shall be defined as the critical root zone for that individual tree or sum of the critical root zones of multiple individual trees. The table below provides the square footage credit per tree size.

c.

Either method of calculation listed above, or a combination of both methods, may be used to satisfy the tree save area requirements of this Ordinance.

(3)

Tree Save Area Selection. .....In selecting which existing tree stands/individual trees are to be designated as tree save areas, the developer shall give due consideration to building, parking lot, driveway, street and utility location(s) as they relate to the practicality of preservation and recommended use the following tree preservation priority list shall be considered:

(a)

Existing stands/individual trees of mature hardwoods as highest priority then;

(b)

Existing stands/individual trees of younger hardwoods then;

(c)

Existing stands/individual trees of hardwoods and pine mix.

The majority of preserved stands shall not be trees that are located on the prohibited tree planting list.

(4)

Steps in Meeting TSA Requirements.

(a)

Areas off Limits to Development. .....Healthy stands/individual trees located in a portion of the floodplain, stream buffer or wetlands, designated as off-limits to development as directed by a governmental entity shall be preserved up to required TSA percentage by parcel size (Table B-3.12);

(b)

Existing Tree Located Elsewhere on the Site. .....If the total percentage of TSA is not met in areas off-limits to development then the property owner may choose to count stands/individual trees located anywhere on the site toward reaching the total TSA percentage.

(c)

Along Required Bufferyards or Property Lines. .....If the total percentage of TSA is not met by (a) and/or (b) above, then trees and their critical root zones located within a required bufferyard or within fifteen (15) feet of the side and rear property lines shall be preserved and counted toward total TSA.

(d)

Planting New Trees. .....If the total percentage of TSA is not met by (a), (b), and/or (c), then new trees shall be planted as outlined in the flexibility standards of Section 4.2.1(B). Sites without adequate existing trees shall plant supplementary new large variety plantings until the minimum tree save area requirements have been met. Each new large variety tree planted shall be equal to seven hundred fifty (750) square feet of required tree save area.

Table B.3.12
Tree Save Area Requirements
Commercial, Institutional and Industrial (including multifamily and schools)

Residential
Note: These requirements apply to major
residential subdivisions not minor subdivisions or individual lot(s).

(5)

Tree Protection During Construction. .....To receive credit for existing trees proposed for preservation, the TSA must be protected from direct and indirect root damage, and trunk and crown disturbance. The tree protection area shall be reviewed by the Public Works Director and Director of Inspections and/or designee. The following standards shall apply:

(a)

The tree save area (TSA) shall include all area located within the Critical Root Zone or as delineated in the field by the Director of Inspections or designee.

(b)

Construction site activities, such as parking, material storage, dirt stockpiling, concrete washout, and other similar activities, shall not be permitted within a tree save area (TSA).

(c)

Protective barriers shall be installed around the tree save area (TSA) as necessary prior to the issuance of a grading permit.

(B)

Tree Save Area Flexibility Standards .....Flexibility can be granted to the required tree save area standards under the following circumstances as approved by the Village of Clemmons Planning Board, Village Planning Staff, Director of Inspections and/or the Village Public Works Director/designee or combination of the two, with the understanding that developer shall be required to reforest and/or replant the difference in percentages per Table B-3.12:

1.

Land Dedication. .....Land dedicated to the Village of Clemmons may be used towards the tree preservation requirements.

2.

Reforestation Credits. .....Reforestation efforts on the property requirements can be used to satisfy up to twenty percent (20%) of the required tree save area with the approval of the Village Public Works Director or designee and up to fifty percent (50%) of the required TSA with the approval of the Village Planning Board. The reforestation option must reforest the remainder of the square footage as required at the rate of one mixed variety seedling per one hundred (100) square feet.

3.

Site layout as determined by the Village Planning Department and/or the Director of Inspections or designee, including whether there are reasonable site layout options available that would further minimize the need to waive or reduce the tree preservation requirements. Conformance of the proposed development with the Community Compass recommendations of community character, quality of life, responsible growth and sustainability as it relates to urban form in specific strategic corridors, Legacy and Clemmons Community Compass recommendations of balancing open space preservation with encouraging urban form of development.

Items 4—7 shall be determined by the Director of Inspections and/or designee:

4.

Topography.

5.

The size, health, and species of existing trees to be removed.

6.

Development proposals for recreational purposes which remove existing trees in floodplains that would otherwise be required to be saved in accordance with Section B.3-4.2.1(A)(3)(b) may be approved where existing trees meeting the requirements of Section B.3-4.2.1(A) are preserved elsewhere on site.

7.

Other site development issues not indentified in items 1—7.

(C)

Incentives for Increased Tree Save Area

(1)

Setback Reduction for Increased Tree Save Area. .....Developments which set aside twenty percent (20%) or more of a site as tree save area in common open space shall receive reduced internal and side yard setbacks of up to thirty-five percent (35%) of requirements.

(2)

Ribbon Paving for Increased Tree Save Area. .....Developments which set aside thirty percent (30%) or more of a site as tree save area in common open space may utilize ribbon paving and reduced pavement widths for internal streets with the approval of the Assistant Village Manager of Public Works or NCDOT. Additionally, such development may use gravel or other approved soft surface as a substitute for paved sidewalks which are internal to the development.

(C-UDO-58, § 2, 5-9-11; C-UDO83 , § 29, 6-28-21)

3-4.3   MOTOR VEHICLE SURFACE AREA LANDSCAPING STANDARDS

(A)

General Requirements

(1)

Exemption. .....This section shall not apply to single family residential buildings.

(2)

Applicability. .....This section shall apply to any motor vehicle surface area or portions thereof built after September 1, 1991.

(3)

Expansion of Preexisting Motor Vehicle Surface Areas. .....When preexisting motor vehicle surface areas are expanded:

(a)

Required Interior Plantings. .....Required interior plantings may be dispersed throughout the entire motor vehicle surface area in accordance with Section B.3-4.3(C)(9).

(b)

Streetyard Width. .....Streetyard width may be reduced to a minimum of fifty percent (50%) of the required width, provided the minimum required streetyard area and plant quantities for the expansion are installed; and provided such streetyard trees shall be provided a planting area with a minimum radius of seven (7) feet.

(B)

Streetyards .....A landscaped streetyard shall be required for all motor vehicle surface areas located within one hundred (100) feet of a street right-of-way or vehicular right-of-way, including controlled access highways, whether or not it may provide access to the site, unless separated by an intervening building.

(1)

Width. .....Minimum streetyard width is ten (10) feet, and shall be measured perpendicular to the street right-of-way. The streetyard shall be positioned between the motor vehicle surface area and street right-of-way.

(2)

Impervious Surface Cover. .....A maximum of fifteen percent (15%) of the required streetyard may be covered with impervious surface cover which may be used for walkways, fountains, walls, wall planters, or utility meters and vaults, but may not be used for motor vehicle surface or display, outdoor storage, private utility service, or service areas.

(3)

Number and Spacing of Trees. .....Each streetyard shall contain a minimum of two (2) deciduous or evergreen large variety trees per one hundred (100) linear feet, excluding points of motor vehicle ingress or egress. In no case shall any streetyard contain less than one large variety tree. Required trees must be a minimum of eight (8) feet in height at installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level. Where two (2) or more streetyard trees are required, all tress shall be planted with the center of the main trunks twenty(20) to seventy-five (75) feet apart. Existing deciduous trees located in the abutting street right-of-way may be used to satisfy the distribution requirement in this section. Small or medium variety trees may be used where overhead utility lines exist in accordance with Section B.3-4.2(J).

(4)

Other Streetyard Components. .....In addition to required trees, the landowner or developer shall use one of the following to satisfy streetyard requirements: natural shrubs, closed fences, walls, wall planters, earthen berms, or a combination thereof, as follows:

(a)

Natural Shrubs. .....Streetyard shrubs must be a minimum of eighteen (18) inches in height at installation, with a minimum height of thirty-six (36) inches within three (3) years after installation. Shrubs must be a locally adapted species which retain foliage to within six (6) inches above ground level. Said shrubs shall be spaced no more than eighteen (18) inches, edge to edge. No more than thirty percent (30%) of streetyard shrubs shall be deciduous.

(b)

Fences and Walls. .....A streetyard fence or wall shall be a minimum of thirty-six (36) inches in height, opaque, and shall be constructed of masonry, stone, or wooden material, or of the same material as that of the principal building.

(c)

Wall Planters. .....A streetyard wall planter shall be constructed of masonry, stone, or other permanent material. At installation, the minimum combined height of wall planters and shrubs shall be twenty-four (24) inches. Within three (3) years after installation, the combined height of wall planters and shrubs shall be no less than thirty-six (36) inches. The effective planting width of a streetyard wall planter shall be no less than thirty-six (36) inches; however, where required streetyard trees are installed in wall planters, the effective planting width of the wall planters shall be no less than seven (7) feet. A minimum of one shrub shall be required for every five (5) square feet of wall planter area.

(d)

Earthen Berms. .....At installation, streetyard berms shall have a minimum height of eighteen (18) inches, a minimum crown width of two (2) feet, and a side slope with a width to height ratio of no greater than two (2) to one (2:1). The entire berm shall be planted and covered with live vegetation. Berm shrubs shall be a minimum of one foot in height at installation and shall be spaced no greater than eighteen (18) inches, edge to edge. Within three (3) years after installation, the combined height of berm and shrubs must be at least thirty-six (36) inches. Streetyard berms which are thirty-six (36) inches or greater in height at installation shall not be required to contain shrubs; however, streetyard trees shall still be required as specified in this section.

(5)

CB and CI Districts. .....In the CB and CI Districts, a minimum two (2) foot wide strip planted with trees and shrubs in accordance with this section or a three (3) foot high decorative and finished masonry wall shall be provided. Unfinished concrete masonry unit (CMU) walls shall be prohibited. Split face CMU is permitted.

(6)

PB District. .....In the PB District within GMA 1, a minimum two (2) foot wide strip planted with trees and shrubs in accordance with this section shall be provided. Any required or provided trees within the streetyard shall be located within a minimum seven (7) foot wide, fifty (50) square foot planting area.

(C)

Interior Motor Vehicle Surface Area Plantings .....In addition to the required streetyard, all motor vehicle surface areas shall contain landscaped planting areas, as follows:

(1)

Location of Plantings. .....Interior planting areas shall be located adjacent to motor vehicle surface area edges or within the interior as islands or medians, and may contain berms of the minimum dimensions specified in Section B.3-4.3(B)(4)(d).

(2)

Size. .....Each planting area shall allocate a minimum of one hundred fifty (150) square feet per tree, with a minimum radius of seven (7) feet for small or medium variety trees. A minimum planting area of six hundred (600) square feet shall be required for each large variety tree.

(3)

Required Trees in Planting Area. .....Each planting area shall contain at least one deciduous or evergreen large variety tree with a minimum height of eight (8) feet at the time of installation, and a minimum diameter of two (2) inches measured six (6) inches above ground level. Small or medium variety trees may be used where overhead utility lines exist in accordance with Section B.3-4.2(J) or next to buildings.

(4)

Ratio. .....One large variety tree shall be used for every five thousand (5,000) square feet of motor vehicle surface area. One small or medium variety deciduous or evergreen tree shall be required for every two thousand five hundred (2,500) square feet of motor vehicle surface area where overhead utility lines exist in accordance with Section B.3-4.2(J).

(5)

Distance of Parking Spaces to Trees. .....No parking space shall be located more than seventy-five (75) feet from the trunk of a required large variety tree, except where overhead utility lines exist in accordance with Section B.3- 4.2(J) no parking space shall be located more than fifty (50) feet from the trunk of a required small or medium variety tree, unless otherwise authorized in this Ordinance.

(6)

Loading/Maneuvering Areas. .....For loading docks or other maneuvering areas where placement of trees in the interior of the site is impractical, the required number of trees may be clustered around the edge of such areas, with the approval of the Director of Inspections.

(7)

Credit for Streetyard or Bufferyard Trees. .....Deciduous or broadleaf evergreen trees used as streetyard or bufferyard plantings may be used as credit toward interior planting area requirements, provided that streetyard or bufferyard plantings meet the size requirements of Section B.3-5.3(B) and the distance requirements of Section B.3-4.3(C)(5).

(8)

Credit for Bufferyard Area. .....The landscaped bufferyard area provided to meet the requirements of Section B.3-5 and located adjacent to a motor vehicle use area may be counted toward the interior planting requirement.

(9)

Expansion of Preexisting Areas. .....When preexisting motor vehicle surface areas are expanded, required interior plantings may be dispersed throughout the entire motor vehicle surface area if the landowner so desires, subject to the following conditions:

(a)

The required plant material will be calculated with reference to the expansion area only;

(b)

Such planting may be dispersed throughout the entire, combined, existing, and new motor vehicle surface area; and,

(c)

The provisions of this section shall preempt the spacing requirement contained in Section B.3-4.3(C)(5).

(10)

Alternative Compliance. .....An applicant whose contiguous parking area exceeds five hundred (500) spaces may propose a landscaping plan which varies from the strict application of the provisions of this section in order to accommodate unique characteristics of the site or to utilize innovative design. Application for alternative compliance shall include a site plan following the requirements specified in Section B.7 and shall be approved by the Planning Board only upon a finding that the proposed landscaping plan fulfills the intent and purposes of this section as well as or better than would strict conformance with the requirements of this section.

(C-UDO-52, § 1, 4-12-10)

3-4.4   MOTOR VEHICLE DISPLAY AREA LANDSCAPING STANDARDS

(A)

GENERAL REQUIREMENTS

(1)

Applicability. .....This section shall apply to any motor vehicle display area, or portions thereof, built after October 17, 1988.

(2)

Expansion of Preexisting Motor Vehicle Surface Areas. .....When preexisting motor vehicle display areas are expanded, streetyard width may be reduced to a minimum of five (5) feet, provided the minimum required streetyard area and plant quantities for the expansion are installed, and provided each streetyard tree shall be provided a planting area with a minimum radius of seven (7) feet.

(3)

Landscaping Requirements. .....Motor vehicle display areas shall comply with the general landscaping requirements of Section B.3-4.3.

(B)

Streetyards .....A landscaped streetyard shall be required as specified in Section B.3-4.3(B) except:

(1)

Natural Shrubs. .....Any streetyard shrubs, wall planters, earthen berms, or combinations thereof, shall be installed at a minimum height of eighteen (18) inches, and shall reach a minimum height of thirty (30) inches within three (3) years after installation.

(2)

Fences and Walls. .....Closed fences or walls shall be installed at a minimum height of thirty (30) inches.

3-4.5   OUTDOOR STORAGE AREA SCREENING STANDARDS

(A)

Applicability .....Any outdoor storage area not screened from any public or private street by an intervening building built after the adoption of this Ordinance with a linear dimension of fifteen (15) feet or greater, or any dumpster with a linear dimension of five (5) feet or greater and not screened by an intervening building shall be screened from view from any street right-of-way or vehicular right-of-way including controlled access highways, whether or not it may provide access to the site, for its entire length except for necessary access.

(B)

Screening .....Outdoor storage area screening shall be provided as specified in either of the conditions below or as a combination of the two (2) conditions:

(1)

Fencing. .....A fence or wall may be used to screen an outdoor storage area. The fence or wall shall be at least six (6) feet in height, opaque and of masonry, stone or wooden material, or of the same material as that of the principal building.

(2)

Plantings. .....Natural evergreen plant materials may also be used to screen an outdoor storage area as follows: (Suggested plant materials are listed in Section B.3-4.10.)

(a)

Minimum Height. .....The minimum height of the plant material shall be six (6) feet at installation; and,

(b)

Spacing. .....The spacing of the planting shall be in a double-row configuration, staggered, with five (5) foot spacing between the centers of the main trunks.

3-4.6   UTILITY SERVICE AREA SCREENING STANDARDS

(A)

Applicability .....Utility service area structures built after the adoption of this Ordinance are required to be screened from street rights-of-way or vehicular rights-of-way, whether or not it may provide access to the site, provided that said structures have vertical dimensions exceeding three (3) feet or horizontal dimensions in excess of five (5) feet, and are located less than one hundred (100) feet from the nearest street right-of-way.

(B)

Screening .....Where screening for utility service areas is not provided by an intervening building, said screening may be accomplished by locally adapted evergreen or deciduous plantings or an opaque fence or wall.

(1)

Installation Height. .....Plantings shall have a minimum installation height of eighteen (18) inches, be spaced no more than eighteen (18) inches, edge to edge, and be expected to reach a height and width equal to or greater than the utility service structures that are being screened.

(2)

Fences or Walls. .....Fences or walls shall be opaque, of masonry, stone, or wooden material, or of the same material as that of the principal building, if applicable, and of a height and width equal to or greater than the utility service structures that are being screened.

(C)

Responsible Party .....Screening for utility service areas in a street right-of-way is to be installed by the utility or party who installed the service; in all other instances the property owners shall install required screening. Where screening for public utility service areas is to be provided by private property owners, such screening shall be installed only after consultation with the utility who owns the device to be concealed. No screening shall be installed that would impair the safe operations, maintenance, or function of the utility equipment.

3-4.7   PARKING STRUCTURES OR BUILDINGS

Any parking structure or building, or expansion thereof, built after the adoption of this Ordinance that exceeds two thousand five hundred (2,500) square feet in gross floor area shall be provided with a landscaped streetyard as specified in Section B.3-4.3(B). This provision shall apply only to structures whose principal use is parking, and shall not apply to vertical expansion of preexisting parking structures.

3-4.8   PUBLIC TREES—MAINTENANCE AND PROTECTION

The following standards are hereby established for the maintenance and protection of public trees:

(A)

Approved Personnel .....No person except an employee of a public utility or other approved public personnel shall cut, prune, or remove any living tree on or in a public highway, right-of-way, public park, sidewalk, or other public property; or cut or disturb or interfere in any way with the roots of any tree on public property, unless directed to do so by the Village Public Works Director or designee.

(B)

Owner Responsibility .....Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not significantly obstruct the view of any street intersection and so that there shall be a clear space of thirteen (13) feet above the street surface or eight (8) feet above the sidewalk surface. Said owners shall remove all dead, diseased or unsafe trees, or broken or decayed limbs that constitute a nuisance to the safety of the public. The Village shall have the right to prune any tree or shrub on private or public property when it constitutes a public safety hazard, interferes with pedestrian traffic or the visibility of any traffic control device, sign, or sight triangle.

(C)

Placement of Materials Around Plants .....No person shall pile building or other material around any tree or shrub in a public right-of-way in any manner that will injure such tree or shrub.

(D)

Paving Adjacent to Trees .....No person shall pave or place gravel, soil, or other such material within twelve (12) feet of any tree on public property, unless approved by the Village Public Works Director or designee.

(E)

Dumping of Deleterious Matter .....No person shall dump, pour or spill any oil, pesticide, or other deleterious matter upon any tree or tree space in any public rights-of-way, or keep or maintain upon any public rights-of-way, any receptacle from which any oil, pesticide, or other deleterious matter leaks or drips onto any soil, parking area, or concrete gutter so as to injure any tree on any public property.

(F)

Planting of Street Trees .....No part of this section is intended to prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with planting specifications set forth in this section and that any such planting conducted under utility lines shall be limited to planting material taken from the list of recommended small-maturing trees in this Ordinance. The Director of Public Works or designee shall review and permit the planting of street trees in the public rights-of-way.

(C-UDO-58, § 2, 5-9-11)

3-4.9   VARIANCE

Applications for variances from the requirements of the landscaping and screening standards may be approved by the Board of Adjustment after such Board of Adjustment holds a duly advertised public hearing in each case. Said application for a variance will be governed by the procedures set forth in Article VI of this Ordinance.

( C-UDO-76 , § 1, 9-11-17; C-UDO83 , § 30, 6-28-21)

3-4.10   SUGGESTED PLANT MATERIALS LIST

The suggested plant materials list includes common trees and shrubs suitable for use in the Forsyth County area. Due to individual site, soil, moisture, and microclimate conditions, professional expertise should be sought to determine the appropriate plant materials for any particular development project. Other appropriate plants not included in this list may also be used with the approval of the Director of Inspections or designee.

(A)

Large Variety Trees (mature height: thirty-five (35) feet or greater):

(B)

Medium Variety Trees (mature height: twenty-five (25) to thirty-five (35) feet):

(C)

Small Variety Trees (mature height: less than twenty-five (25) feet):

(D)

Streetyard and Interior Shrubs (mature height: approximately thirty-six (36) inches):

(1)

Supplemental Evergreen Shrubs.

(2)

Deciduous.

(E)

Primary Evergreen Shrubs and Outdoor Storage Area Screening Plants (installation height: six (6) feet):

(F)

Groundcovers (planting areas, berms, wall planters):

(G)

The following trees shall not be credited toward the requirements of Section B.3-4.2.1:

(C-UDO-52, § 1, 4-12-10)

3-5.1   GENERAL REQUIREMENTS

(A)

Purpose .....Bufferyard standards are designed to provide visual and functional separation between different land uses to:

(1)

Reduce potential nuisances, such as glare, dirt, noise, unsightly views, and other adverse impacts;

(2)

Safeguard property values and preserve the character and integrity of the community; and,

(3)

Protect the health, safety, and welfare of the public.

(B)

Applicability .....Every use, change of use, or expansion of a structure or land hereafter established shall meet the bufferyard requirements of this section, except for the following:

(1)

Single family, duplex, or twin home uses;

(2)

Development or redevelopment in the CB or CI Districts;

(3)

Between component parts of a planned residential development or MX District; or,

(4)

Where no bufferyard requirement is shown in Table B.3.13.

( C-UDO-83 , § 31, 6-28-21)

3-5.2   DETERMINATION OF BUFFERYARD

(A)

Procedure .....The type of bufferyard required shall be determined as follows:

(1)

Identify the Zoning Type for the Proposed Project and all adjacent properties, excluding properties across a public right-of-way. The zoning types are defined below for the purposes of this section only.

(a)

Single Family Residential (SFR) Zoning Types. .....Single family residential zoning types include the H, YR, AG, all RS Districts (including RSQ).

(b)

Multifamily Residential (MFR) Zoning Types. .....Multifamily residential zoning types include all RM Districts and the MH District where a manufactured housing development is involved.

(c)

Low Intensity Commercial (LIC) Zoning Types. .....Low intensity commercial zoning types include the NO, LO, NB, PB, LB, IP, and C Districts.

(d)

High Intensity Commercial (HIC) Zoning Types. .....High intensity commercial zoning types include the CPO, GO, NSB, HB, GB, CB, and MX Districts.

(e)

Industrial (IND) Zoning Types. .....Industrial zoning types include the LI, CPI, GI, and CI Districts and certain uses which require outdoor storage, have high trip generation rates, or have the potential for nuisance to adjacent properties due to noise, light and glare, or typical hours of operations. The following list of specific uses identified in Table B.2.6 shall be classified as industrial zoning types for bufferyard purposes.

(i)

Banking and Financial Services, with Drive-Through Facilities;

(ii)

Car Wash;

(iii)

Convenience Store with Gasoline Sales;

(iv)

Implement Sales and Service;

(v)

Kennels;

(vi)

Outdoor Display Retail;

(vii)

Motor Vehicle Repair and Maintenance;

(viii)

Motor Vehicle Storage Yard;

(ix)

Outdoor Display Retail;

(x)

Recreational Vehicle Park;

(xi)

Recreation Services, Outdoor;

(xii)

Restaurants (With Drive-Through Service);

(xiii)

Storage and Salvage Yard; and,

(xiv)

Dirt Storage Sites.

(2)

Determine the Bufferyard Type .....(I, II, III, or IV) required for each adjacent zoning type from Table B.3.13.

TABLE B.3.13
Bufferyard Requirements

* = No bufferyard requirement
+ = ;hg;Type I bufferyard required if no bufferyard is provided on developed adjacent property designated as high intensity commercial (HIC) or industrial (IND) zoning types.

(3)

Select the Desired Bufferyard Option for the required bufferyard type from those described below.

(a)

Type I Bufferyard. .....A type I bufferyard is a low density screen designed to partially block visual contact and create spatial separation between adjacent uses. The four (4) design options that may be used to satisfy this bufferyard requirement are identified in Table B.3.14.

TABLE B.3.14
Type I Bufferyard Design Options

(b)

Type II Bufferyard. .....A type II bufferyard is a medium density screen designed to block visual contact and create spatial separation between adjacent uses. The four (4) design options that may be used to satisfy this bufferyard requirement are identified in Table B.3.15.

TABLE B.3.15
Type II Bufferyard Design Options

(c)

Type III Bufferyard. .....A type III bufferyard is a high density screen designed to eliminate visual contact and create spatial separation between adjacent uses. The five (5) design options that may be used to satisfy this bufferyard requirement are identified in Table B.3.16.

TABLE B.3.16
Type III Bufferyard Design Options

(d)

Type IV Bufferyard. .....A type IV bufferyard is a high density screen designed to eliminate visual contact and create spatial separation between adjacent uses. The six (6) design options that may be used to satisfy this bufferyard requirement are identified in Table B.3.17.

Table B.3.17
Type IV Bufferyard Design Options

(B)

Additional Requirements

(1)

Fractional Calculations. .....Fractional planting requirement calculations shall be rounded to the next higher whole number.

(2)

Existing Plant Material. .....Existing plant material within the required bufferyard may be included in the computation of the required plantings with approval of the Zoning Officer.

(3)

Fence or Wall Option. .....An opaque fence or wall may be used in lieu of not more than fifty percent (50%) of the required evergreen bufferyard plantings with the approval of the Zoning Officer and providing the following conditions are met, where applicable:

(a)

Fence Height for Industrial Zoning Type. .....The minimum required fence height shall be eight (8) feet above ground level when the proposed project zoning type is classified as an industrial zoning type.

(b)

Fence Height for Zoning Types Except Industrial. .....The minimum required fence height shall be six (6) feet above ground level when the proposed project zoning type is classified as any zoning type except those classified as industrial.

(c)

Vegetation Planted on Exterior Sides. .....Where a fence or wall is used as part of the required screening, all required vegetation shall be planted on the exterior side of the fence or wall.

(d)

Screening Multifamily Residential Zoning Type. .....Where the fence option is used to screen multifamily residential zoning types from more intense zoning types, the required vegetation may be planted on the interior side of the fence or wall.

(e)

Remaining Vegetation Distribution. .....Where a fence is used in lieu of not more than fifty percent (50%) of the required vegetation, the remaining percentage of vegetation to be used in conjunction with the fence or wall shall be evenly distributed in the bufferyard.

(4)

Earthen Berms. .....Earthen berms six (6) feet high or greater, or earthen berms with combined evergreen shrub plantings reaching a minimum height of six (6) feet, may be used in lieu of not more than fifty percent (50%) of the evergreen bufferyard plantings providing the following conditions are met:

(a)

Live Vegetation. .....The entire berm shall be planted and covered with live vegetation.

(b)

Evergreen Shrubs. .....On berms less than six (6) feet in height, evergreen shrubs, if used, shall be a minimum of one foot in height at installation and shall be placed no greater than eighteen (18) inches edge to edge.

(c)

Shape. .....Berms shall be naturally shaped, shall have a minimum crown width of two (2) feet, and shall have side slopes stabilized to sedimentation and erosion control standards.

(C)

Alternative Compliance for NO, NB, MRB-S and MX Districts .....In the NO, NB, MRB-S and MX Districts, a developer may propose a bufferyard plan that varies from the strict application of the provisions of this section in order to accommodate unique characteristics of the site, utilize innovative design, or provide an appropriate degree of buffering for separate phases and types of development. Application for alternative compliance shall include a site plan following the requirements specified in Section B.7, and shall be approved by the Planning Board only upon a finding that the proposed bufferyard plan fulfills the intent and purposes of this section better than would strict conformance with the requirements of this section.

(D)

Alternative Compliance for Schools .....The bufferyard requirements of this section otherwise required for development of public or private schools in certain zones may be met by the submittal and approval of a landscaping plan according to the provisions of Section B.3-4.8.

(E)

Subdivisions .....In residential districts, the subdivider of property shall provide a type III bufferyard within the required yard adjacent to all thoroughfares and collector streets, except collector streets interior to the subdivision, and all railroad rights-of-way. Use of earthen berms as described in Section B.3-5.2(B)(4) is encouraged. The bufferyard shall be shown on the plat with the following statement: "This area is reserved for the planting of trees or shrubs by the owner; the building of structures hereon is prohibited."

(C-UDO-52, § 1, 4-12-10; C-UDO83 , §§ 32, 33, 6-28-21)

3-5.3   BUFFERYARD LOCATION AND DESIGN REQUIREMENTS

(A)

Location of Bufferyards

(1)

Location. .....Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line, with the following exceptions:

(a)

On Adjacent Property. .....All or part of the bufferyard may be located on adjacent property within a permanent easement dedicated for such purpose with approval of the Zoning Officer.

(b)

Portion of Site Proposed for Development. .....If only a portion of a site is proposed for development, the required bufferyard may be located at the limit of construction perimeter with approval of the Zoning Officer.

(c)

Topographic Irregularities. .....Where topographic irregularities require a different location to meet the intent of this section, the location of the bufferyard may be varied with approval of the Zoning Officer.

(d)

Slope Ratios. .....Required bufferyard plantings shall not be installed on cut or fill slopes with slope ratios greater than two (2) to one (2:1).

(2)

Cut Slope. .....Where bufferyards include any part of a cut slope greater than ten (10) feet in height, grading for such cut slope shall not encroach closer than ten (10) feet to the property line.

(3)

Rights-of-way and Streets. .....Bufferyards shall not be located on any portion of an existing, dedicated, or proposed right-of-way, or a private street.

(4)

Existing Easement Within Bufferyard. .....Where an existing easement that prohibits bufferyard-type plantings is partially or wholly within a required bufferyard, the developer shall design the bufferyard to meet the planting limitation of the easement. Such design may necessitate choosing a bufferyard with more land area and fewer required plantings.

(B)

Design Requirements

(1)

Size of Plant Material.

(a)

Deciduous trees in bufferyards shall be large variety trees except where overhead utility lines exist in accordance with Section B.3-4.2(J). Suggested plant materials are listed in Section B.3-4.10.

(b)

All deciduous trees used for bufferyard screening must be a minimum of eight (8) feet in height at installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level.

(c)

All primary evergreen plants shall be a minimum of six (6) feet in height at time of installation unless combined with an approved earthen berm, and shall be not less than ten (10) feet in height at maturity.

(d)

All supplemental evergreen shrubs shall be a minimum of eighteen (18) inches in height at installation, and shall attain a minimum height of thirty-six (36) inches three (3) years after installation.

(2)

Spacing of Plant Material.

(a)

All deciduous trees shall be installed with tree trunks spaced a minimum distance of thirty (30) feet apart and a maximum distance of sixty (60) feet apart.

(b)

All primary evergreen plants shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit. Primary evergreen plants shall be installed with tree trunks spaced a minimum of seven (7) feet apart and a maximum of fifteen (15) feet from other primary evergreen plants and from any required deciduous tree.

(c)

All supplemental evergreen shrubs shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit.

(3)

Maintenance. .....Any fence, earthen berm, or plant material used for screening shall be maintained in sound condition by the bufferyard provider. Maintenance includes replacement of any required bufferyard materials which are damaged and/or dying.

(C)

Application to Nonconforming Situations .....The bufferyard standards shall apply to the entire zoning lot in nonconforming situations per the requirements of Section B.5-4.3(C)(2).

(C-UDO-52, § 1, 4-12-10)

3-5.4   MULTIPLE USE OF BUFFERYARDS

(A)

To Satisfy Other Requirements .....Areas set aside as required bufferyards may also be used to satisfy the following:

(1)

Minimum setback requirements;

(2)

Minimum open space requirements; and,

(3)

Minimum landscaping requirements.

(B)

For Other Purposes .....Required bufferyards may also be used for the following additional purposes:

(1)

Bufferyards may contain stormwater retention or detention areas, provided:

(a)

The required bufferyard plantings shall be provided and the design and landscaping of the bufferyard do not interfere with the proper functioning of the drainage system; and,

(b)

The designed water depth shall not harm the viability of the plantings.

(2)

Bufferyards may be used for passive recreation, such as pedestrian, bicycle, or equestrian trails, subject to the following limitations:

(a)

No plant material shall be eliminated;

(b)

The total width of the bufferyard shall be maintained; and,

(c)

All other requirements of this Ordinance shall be met.

(3)

Bufferyards may be used for the installation of underground utilities, provided the location and use of the utility lines do not interfere with the required bufferyard plantings.

(C)

Reduction for Driveway to Rear Parking Areas .....A side or rear bufferyard may be reduced to five (5) feet if the Planning Board determines that such reduction is necessary, due to lot size, shape, or topographic features, to allow a driveway which accesses off-street parking to the rear of the property.

(D)

Prohibited Uses .....The following uses shall be prohibited in a required bufferyard: playfields, stables, swimming pools, tennis courts, or similar active recreation uses, and storage or parking facilities.

3-5.5   BUFFERYARD VARIANCE

Application for variances from the requirements of the bufferyard standards may be approved by the Board of Adjustment in accordance with the procedures in Article VI of this Ordinance.

( C-UDO-76 , § 2, 9-11-17; C-UDO83 , § 34, 6-28-21)

3-6.1   APPLICABILITY

All multifamily developments containing forty (40) or more units, and all manufactured home developments, shall provide on site common recreation area as required below. Elderly housing, life care communities, and other developments occupied exclusively by persons who are at least fifty-five (55) years old or disabled are exempt from the requirements of this section.

3-6.2   MINIMUM SIZE

A minimum of one hundred (100) square feet per unit shall be devoted to common recreation areas.

3-6.3   COMBINING AREAS

The total common recreation area may be divided into areas not less than four thousand (4,000) square feet each where the average length of the space does not exceed twice the average width.

3-6.4   ACCESS

Common recreation areas shall be easily accessible by pedestrian walkways so they can be conveniently and safely reached and used.

3-6.5   FINISHED GRADE

Common recreation areas shall be constructed on land where the average finished grade of the slope does not exceed five percent (5%), is well drained, and is otherwise capable of serving the purposes intended.

3-6.6   LANDSCAPING

Common recreation areas shall be attractively landscaped and provided with sufficient natural or constructed screening to minimize any negative impacts upon adjacent residences within the development.

3-6.7   EXCLUSIONS

Common recreation areas shall not include streets, access easements, rights-of-way, parking areas, required perimeter bufferyards or streetyards or required building setbacks; shall be closed to motor vehicle traffic except for maintenance and service vehicles; and, shall not be located over a septic system drainage field.

3-6.8   MAINTENANCE

Common recreation areas shall be improved and maintained for the purposes intended.

3-7.1   PUBLIC RIGHTS-OF-WAY

(A)

Dedication of Right-of-Way with Density Transfer

(1)

Dedication. .....Whenever a tract of land is proposed for subdivision or for use pursuant to a zoning or building permit, and a portion of it is located within a corridor for a street or highway on a plan established and adopted pursuant to State law for a street or highway that is included in the Department of Transportation's Transportation Improvement Program, the right-of-way within that corridor shall be dedicated to the appropriate agency.

(2)

Required Findings. .....No dedication of right-of-way shall be required pursuant to this section unless the Planning Board or Elected Body granting final subdivision plat approval, the special use permit, or other approval or permission finds prior to the grant that the dedication does not result in the deprivation of a reasonable use of the original tract and that the dedication is either reasonably related to the traffic generated by the proposed subdivision or use of the remaining land or the impact of the dedication is mitigated by measures provided in this Ordinance.

(3)

Transfer of Density Credits. .....The applicant may transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. If the dedication of right-of-way is not required, an applicant for subdivision plat approval on a zoning or building permit, or any other permission pursuant to this Ordinance elects to dedicate the right-of-way, the applicant may transfer density credits attributable to the dedicated right-of-way to contiguous land that is part of a common development plan.

(4)

Definition of Density Credit. .....As used in Section B.3-7.1(A)(3), the term density credit means the potential for the improvement or subdivision of part or all of a parcel of real property, as permitted by this Ordinance or the Subdivision Ordinance, as set forth in Section B.3-7.1(A)(5).

(5)

Transferable Percentage. .....One hundred percent (100%) of the density credit or development potential of the property dedicated pursuant to Section B.3-7.1(A)(4) may be transferred to contiguous land that is part of a common development plan as identified in Section B.3-7.1(A)(3).

(B)

Transportation PlanCorridors

(1)

Limits on Approvals. .....Whenever a tract of land is proposed for subdivision or for use pursuant to a zoning or building permit, and a portion of it is located within a corridor for a thoroughfare identified on the Transportation Plan, no building permit shall be issued for any building or structure or part thereof located within the roadway corridor, nor shall approval of a subdivision be granted with respect to property within the roadway corridor. The City Traffic Engineer and/or the North Carolina Department of Transportation district engineer shall be notified within ten (10) days of all such requests for building permits or subdivision approvals within the roadway corridor.

(2)

Exemptions. .....The provisions of this section shall not apply to valid building permits issued prior to the effective date of this Ordinance, or to building permits for buildings and structures which existed prior to the filing of the roadway corridor, provided the size of the building or structure is not increased and the type of building code occupancy as set forth in the North Carolina Building Code is not changed. If, within one year following the establishment of a roadway corridor official map or amendment, work shall not have begun on an environmental impact statement or preliminary engineering, the corridor shall be deemed abandoned, and the provisions of this section shall no longer apply to properties or portions of properties located within the roadway corridor.

(3)

Time Limits. .....No application for building permit issuance or subdivision plat approval shall be delayed by the provisions of this section for more than three (3) years from the date of the original building permit or subdivision plat submittal.

(4)

Waiver of Requirements. .....The Board of Adjustment shall hear and decide requests to waive the requirements of this section. A variance may be granted by the Board of Adjustment upon a showing that:

(a)

Even with the tax benefits provided as authorized by State Law, no reasonable return may be earned from the land; and

(b)

The requirements of this section result in practical difficulties or unnecessary hardships.

3-7.2   GREENWAYS

Before any zoning permit is approved for a lot which lies within fifty (50) feet of a stream identified for a greenway in the adopted Greenway Plan, the Zoning Officer shall notify the County Manager/City Manager/Town Manager. The adopting jurisdiction will assess the potential impact of the development on future greenway construction and may then offer to purchase or undertake other action to protect the potential greenway corridor. The Zoning Officer shall not approve any permit which would authorize disturbance of the potential greenway corridor, nor shall the property owner or his/her agent disturb the potential greenway corridor, until the County Manager/City Manager/Town Manager formally responds to the Zoning Officer regarding the intent of the adopting jurisdiction. If no response is received within fifteen (15) days, the Zoning Officer may issue the requested permit.

3-8.1   APPLICABILITY

These supplementary standards for older neighborhoods apply to development on blocks which:

(A)

Date Platted or Developed .....Were originally platted or developed prior to March 3, 1948;

(B)

Percentage of Lots Developed .....Have at least fifty percent (50%) of the lots developed; and,

(C)

Permitted in Certain Zoning Districts .....Are zoned in whole or in part, RS, RM, NO or NB.

3-8.2   ALTERNATIVE SETBACKS AND STANDARDS

(A)

Alternative Setbacks .....In older neighborhoods the required setbacks for the underlying zoning district may be replaced by the following alternative method of compliance. No building or part of a building, other than steps, open porches, overhanging eaves and cornices, shall extend nearer to the front, side or rear property lines than the average distance of the respective setbacks of the principal buildings on the same block and on the same side of the street within one hundred (100) feet from the zoning lot in either direction. Any fractional amounts calculated shall be rounded up. However, in no case shall the front setback be less than eight (8) feet nor more than forty (40) feet.

Alternative Setbacks

(B)

Development Standards .....If the alternative method of compliance is used, the following development standards apply:

(1)

Impervious Surface Cover. .....For new construction on vacant lots, impervious surface cover is limited to a maximum of sixty percent (60%). Impervious surface cover is otherwise limited to seventy percent (70%).

(2)

Building Height. .....No building shall exceed a height of forty (40) feet.

(3)

Bufferyard. .....Bufferyard requirements of Section B.3-5 must be met for multifamily developments containing more than four (4) units, or for nonresidential uses.

(4)

Off-Street Parking.

(a)

Number of Spaces. .....Off-street parking for multifamily uses shall meet the standards for Efficiency units, if applicable, or Urban Residential Building in Table B.3.8.

(b)

Parking in Rear. .....All off-street parking shall be provided to the rear of the principal building(s) unless the Planning Board determines that, due to lot size, shape or topographic features, some or all parking cannot be placed to the rear.

(c)

Reduction in Bufferyard. .....A side or rear bufferyard width may be reduced to allow a driveway to the rear of the property which accesses the off-street parking if the provisions of Section B.3-5.4(C) are met.

(d)

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).

(5)

Vehicular Use Landscaping Requirements. .....Vehicular use landscaping requirements of Section B.3-4 must be met for multifamily developments containing more than four (4) units or nonresidential uses.

(6)

Building Size. .....For projects located on two (2) acres or less, multifamily buildings shall contain no more than six (6) units.

(7)

Roofs. .....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.

3-8.3   ALTERATION OR EXPANSION NOT AFFECTING OCCUPANCY OR INTENSITY

For any existing residential building containing four (4) units or less, any expansion or alteration of the principal building which meets the dimensional requirements of Section B.3-8.2(A) and which does not increase the occupancy capacity of the building, including expansion or alteration of kitchen, bathroom, closet, or patio areas, shall not be subject to the provisions of Section B.5-4.3.

3-8.4   SUBMITTAL OF INFORMATION

The applicant or property owner shall be responsible for submitting all information relative to the setbacks and buildings of the relevant nearby properties in support of the permit request.

3-9.1   DENSITY INCREASE PERMITTED

An increase in the density otherwise permitted in the zoning district may be permitted for developments which provide on-site or off-site housing opportunities for low- or moderate-income households. A contract shall be approved by the County Attorney or City Attorney and the Forsyth County Department of Housing (FCDH) or the Winston-Salem Housing and Neighborhood Development Department (HND) as a condition of special use district zoning, preliminary subdivision approval, or other site plan review guaranteeing that the reserved units will be purchased by or rented to qualifying households, and shall be binding for a period of not less than fifteen (15) years from the date on which the unit is first occupied. The reserved lots or rental units shall be indicated on the site plan submitted.

3-9.2   APPLICABILITY

(A)

Duplex or Multifamily Units .....A twenty-five percent (25%) density bonus for duplex or multifamily units may be approved if:

(1)

A minimum of forty percent (40%) of the units are to be rented to families earning less than sixty percent (60%) of Forsyth County median income, adjusted for family size, as determined by the United States Department of Housing and Urban Development (HUD). (Hereinafter, median income); or

(2)

A minimum of twenty percent (20%) of the units are to be rented to families earning less than fifty percent (50%) of median income.

(B)

Single Family Detached Units .....A twenty-five percent (25%) density bonus for single family residential development may be approved if twenty-five percent (25%) of all units, or a minimum two (2) units, are to be sold to families earning less than eighty percent (80%) of median income.

(C)

Donation of Land .....A twenty-five percent (25%) density bonus for single family residential development may be approved if land with suitable soils or access to public water and sewer is donated to Forsyth County or the City of Winston-Salem Housing Authority for the purpose of the development of affordable housing within the same census tract or adjoining tracts. The donated land shall contain at a minimum the land area needed to develop the total number of the bonus units, in accordance with the zoning requirements of the district in which the donated land is located.

3-9.3   CONTRACT FOR SALE OF SINGLE FAMILY RESIDENCES

Approval of the special use district zoning, preliminary subdivision, or other site plan review shall not occur until there is a contract between the property owner and Forsyth County which shall also be binding on future owners of the reserved lots. The contract shall be administered by FCDH, and shall include the following provisions:

(A)

Approval of Sales and Resales .....All sales and resales shall be approved by FCDH or the HND to assure ownership by qualifying buyers in accordance with the following eligibility criteria.

(1)

Income. .....Family income at the time of purchase shall not exceed the limits set forth in Section B.3-9.2.

(2)

Residency. .....At least one member of a qualifying household must have lived or worked in Forsyth County for the past twelve (12) months.

(B)

Duration of Contract .....The contract shall apply to each of the reserved lots, and shall continue to affect a particular lot for a minimum period of fifteen (15) years after the initial sale of that lot.

(C)

Occupancy .....There shall be no occupancy of the unit prior to its sale to a qualifying buyer.

(D)

Schedule .....The contract shall include a schedule by which construction and sale of the reserved units will be accomplished.

(E)

Resale Price .....The resale price of any reserved housing unit shall not, at any time during the life of the contract, exceed the maximum amount affordable to the purchasing low or moderate income household. The maximum sale or resale price shall be determined by FCDH or HND (depending on jurisdiction), calculated by using HUD modeling for housing affordability. HUD modeling takes into consideration assumptions such as interest rates, percentage of annual income allowed for housing, and amount of down payment.

(F)

Violation of Contract .....Violation of any of the terms of the contract required by this section may constitute grounds for revocation of the special use district zoning, preliminary subdivision, or other site plan review.

3-9.4   CONTRACT FOR RENTAL OF DUPLEX OR MULTIFAMILY UNITS

Approval of the special use district zoning, preliminary subdivision, or other site plan review shall not occur until there is a contract between the property owner or developer and Forsyth County which shall also be binding on future owners of the development. The contract shall be administered by the County, the City, or the Housing Authority, and shall include the following provisions:

(A)

Approval of Rentals .....All rentals shall be approved by FCDH, HND, or the Housing Authority to assure occupancy by qualifying households in accordance with the following eligibility criteria:

(1)

Income. .....Family income at the time of purchase shall not exceed the limits set forth by FCDH or HND. Families whose income increases above the eligibility requirements may continue to occupy the rental unit, unless otherwise required through terms of the rental agreement between the lessor and lessee.

(2)

Residency. .....At least one member of a qualifying household must have lived or worked in Forsyth County for the past twelve (12) months.

(B)

Change in Occupancy .....Every change in occupancy during the fifteen (15) year term of the contract shall be approved by FCDH or HND to assure continued compliance with eligibility criteria.

(C)

Maximum Rent .....The maximum rent allowed shall be computed by multiplying the applicable percentage of median income by the value of median income at the time of the transaction, then multiplying the resulting value by the maximum percentage of income spent for housing, as recommended by the mortgage banking industry. The value for median income used in calculating maximum allowable rent shall be adjusted to reflect the maximum family size appropriate for the number of bedrooms, as determined by FCDH or HND.

3-9.5   DISCLOSURE OF CONTRACT TERMS TO POTENTIAL HOME-BUYERS

(A)

Explanation to Prospective Buyer .....Staff from the FCDH or HND shall meet with the prospective buyer prior to the purchase to assure that all terms of the contract are fully understood. Such explanation shall communicate that although building permits for the improvements to the structure may be obtained if the owner wishes to remodel or construct an addition or accessory structures, there is no assurance that the investment will be regained if the unit is sold prior to the expiration of the contract due to the requirement that it be purchased by a moderate income household.

(B)

Home Ownership Counseling .....Home ownership counseling shall be made available to first-time buyers to provide information on such topics as insurance and maintenance. The counseling shall be provided by FCDH or HND.

3-9.6   CONVEYANCE OF PROPERTY TO FORSYTH COUNTY OR THE HOUSING AUTHORITY

Land donated to Forsyth County pursuant to Section B.3-9.2(C) to enable a developer to obtain a density bonus shall be donated in trust for the purpose of the development of affordable housing. An agreement between the developer and Forsyth County or Winston-Salem and the instruments of conveyance shall insure this trust as determined by the County or City Attorney.

3-10.1   APPROVAL

Wherever the water supply and sewage disposal facilities of the City of Winston-Salem or of Forsyth County or of a sanitary district are not available, application for a zoning permit or a special use permit shall not be deemed acceptable unless the proposed methods of water supply and sewage disposal have been specifically approved in writing by an authorized officer of the appropriate agency indicated in Section B.3-10.3. Written approval shall be provided along with three (3) schematic drawings showing the proposed development and the proposed water and sewerage connections or facilities. One copy shall be retained by the Public Health Department, one copy by the Zoning Officer, and one by the applicant. No excavation or construction for any building or use of land shall be commenced until such approval is noted on the plan of proposed development and a zoning permit is issued.

3-10.2   METHOD TO BE SPECIFIED

Any such approval shall specify the method or methods approved and shall describe any special conditions to be met. Such methods, and the approvals required, may include the following:

(A)

Public Sewer .....Connection to community sewerage and water systems operated by a responsible person, firm or corporation other than a governmental agency, where the proposed connection is approved by an authorized officer of each system.

(B)

Private Sewer .....Installation of facilities other than public or community sewerage systems, for which design approval by the Public Health Department has been obtained.

3-10.3   SYSTEM APPROVAL

The sewerage and water systems to which connections are to be made shall be only those systems approved as follows:

(A)

Water Supply

(1)

For ten (10) to twenty-five (25) dwelling units, approval by the State Board of Health.

(2)

For twenty-five (25) or more dwelling units, approval by the State Board of Health and the State Utilities Commission.

(B)

Sewage Collection and Treatment

(1)

For a septic tank, approval by the Public Health Department.

(2)

For a sewerage system serving facilities regulated by the State Board of Health, i.e., institutions, restaurants, motels, etc., approval by the Public Health Department.

(3)

For a sewerage system serving all other uses, i.e., industry, commerce, communities, etc., approval by the North Carolina Department of Water and Air Resources when applicable.

3-10.4   COMMUNITY WATER SYSTEM

The person, firm, or corporation operating a community water system for twenty-five (25) or more customers or a sewerage system for which a rate is charged shall hold a certificate of public convenience and necessity from the State Utilities Commission, and there shall be recorded with a plat of the property the written affidavit of a registered engineer, engaged in the independent practice of civil engineering, that water and sewer mains and laterals comply with pertinent standards of the city, as existing on the date of the affidavit, and that such mains and laterals are installed in accordance with plans and specification which have been submitted to and approved in writing by the Director of Public Works of the City of Winston-Salem; and a bond or bonds, or other form of written assurance, satisfactory to the Planning Board, assuring the continuous proper maintenance and operation of such sewerage and water systems.

3-11.1   LIGHTING

Where a bufferyard is required pursuant to Section B.3-5, outdoor lighting shall be so shielded and oriented as to cast no direct light onto adjacent property.

3-11.2   NOISE

(A)

Nonresidential Uses .....All air handling machinery, dumpsters, compressors or water coolers for nonresidential uses shall be set back a minimum distance of fifty (50) feet from any property line adjacent to residential uses or residentially zoned land.

(B)

Outdoor Display Retail .....No outdoor speaker used as part of a public address system may be located closer than three hundred (300) feet from an adjacent zoning lot zoned RS or RM. Any outdoor speaker shall be oriented away from adjacent residential properties.

3-11.3   KEEPING OF SWINE, GOATS, GEESE, OR PEAFOWL

Except on bona fide farms and in the AG and H Districts, the keeping of swine, goats, geese, or peafowl is prohibited.

3-12.1   DESIGN REQUIREMENTS FOR LARGE SCALE RETAIL DEVELOPMENTS (75,000+ SF SINGLE TENANT)

Intent. The intent of this section is to encourage visual design interest and a pedestrian site design for large-scale retail buildings. These structures shall be designed to reduce the massive scale and uniform, monolithic appearances. Building design shall also promote a safe and comfortable pedestrian oriented site with a mixture of uses and sizes of structures. Careful attention to local community design issues will also ensure a greater likelihood of reuse of the structure for subsequent tenants.

To further design excellence and creativity within the community, and to encourage a design tailored to the community, applicants for large-scale retail development proposals shall maximize the overall design of the site and structure(s). Therefore, the Director of Planning, or designee, may allow minor changes in the design standards listed in this section if the spirit and intent of this section continues to be adhered to in the overall development design. Additionally, minor deviations may also be made in order to enable and promote the creation of cohesive buildings and site designs for multi-structure developments. Major deviations and/or interpretations of these standards, as well as appeals of the decisions made by the Director of Planning or designee under this section, shall be made by the Elected Body.

Subsections.

(A)

Definitions;

(B)

Applicability;

(C)

Design Standards;

(D)

Facade treatments;

(E)

Roofs;

(F)

Entrances;

(G)

Parking and Circulation;

(H)

Outdoor storage, trash collection and loading areas;

(I)

Signs;

(J)

Canopies;

(K)

Miscellaneous; and

(L)

Submission Requirements.

(A)

DEFINITIONS

ARCADE means an area contiguous to a street or plaza that is open and unobstructed and accessible to the public at all times. Arcades may include building columns, landscaping, statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways or parking areas.

ARTICULATE means to give emphasis to or distinctly identify a particular element.

BUILDING FACE, FRONT means any building face or portions thereof that can be touched by a line drawn perpendicular to the street or as extended toward the building.

Building Face, Front

CANOPY OR PORTICO means a porch or walkway with a roof supported by columns, often leading to the entrance of the building.

ENTRANCE means the front door to an establishment intended as the primary customer access point. The area of an entrance shall include the area on either side of the door for a distance of at least ten (10) feet.

FACADE means the portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

FOOT-CANDLE means a basic measure used to indicate illuminance (level of illumination). One foot-candle is equal to one unit of light flux (one lumen) distributed evenly over a one-square-foot surface area.

FULL CUT-OFF TYPE FIXTURE means a luminare or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture.

Cut-off Fixtures

GLARE means the direct light emitting from a luminare that causes reduced vision or momentary blindness.

OUTDOOR PATIO means an open outdoor eating and gathering area of at least five hundred (500) square feet, which may be covered, but must remain open on at least three (3) sides.

PARAPET means the portion of a wall that extends above the roofline.

PLAZA OR COURTYARD means an open area available to the pedestrian public at all times. Fire lanes, or other paved areas that allow vehicular travel shall not be included.

PORTAL means a large and impressive entrance door or gateway.

PUBLIC ART means any work of art or design created by an artist and sited in a public place.

SINGLE PLATE GROUND FLOOR means the gross horizontal floor area measured from the exterior walls of the building or structure. Habitable ground floor mezzanine area(s) shall be included in the gross square footage calculation.

SUPERMARKET means a retail establishment that sells at least ninety (90) percent food products.

VACATED BUILDING(S) OR DEVELOPMENT means a building and/or site vacated for at least six (6) months without an active renovation/rehabilitation building permit for either the site or structures.

(B)

APPLICABILITY .....The following retail development is subject to the requirements of this section in addition to complying with all other Code requirements:

(1)

New construction equal to or exceeding seventy-five thousand (75,000) gross square feet of single plate ground floor and serving a single tenant as a stand-alone retail structure, or as part of a multi-tenant shopping center, or a single plate ground floor structure serving multi-tenants equal to or exceeding one hundred fifty thousand (150,000) gross square feet. For the purposes of this section, accessory leased spaces without their own exterior public entrance and within the primary store, do not count as multiple tenants;

(2)

Twenty-five thousand (25,000) square foot or more addition to an existing seventy-five thousand (75,000) + gross square feet single plate ground floor space serving as a single tenant. Additionally, the requirement of this section shall apply to the structure that includes the addition and to the portion of the site that is developed as a direct result of the increased parking requirements;

(3)

Any addition to a structure or development that has previously been reviewed under this section;

(4)

Pad sites and out parcels 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. Due to the typically smaller scale of pad sites, the Planning Director, or designee, may deviate from the prescribed Facade Treatments if the overall design of the structure(s) on all of its publicly visible sides, remains compatible and comparable to the principal structure;

(5)

Applicability of this section shall satisfy the site plan review administrative requirements for a concurrent Special Use rezoning application; and

(6)

Vacancy. Abandoned buildings and blighted sites cause negative visual and fiscal concerns for the community. Therefore in order to minimize these instances upon the community, and in addition to this and other applicable codes and ordinances, the following shall apply to vacated building(s) or development reviewed under this section:

(a)

Exterior Surfaces. .....All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant materials, shall be protected from the elements and decay by painting or other protective coverage or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repaired. All siding and masonry joints shall be maintained weather resistant and watertight;

(b)

Exterior Walls. .....Exterior walls of buildings shall be maintained free from holes, breaks, loose or rotting materials, and graffiti; and shall be maintained weatherproof and properly surface coated as needed to prevent deterioration.

(c)

Roofs. .....Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and weathertight, and have no defects, which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices.

(d)

Windows. .....All glass areas, including those in windows and doors shall be fully supplied and maintained as per the approved plan(s), or covered with smooth surface boards that are painted to coordinate with the building.

(e)

Grounds

(i)

All landscaped areas as defined in the approved plan(s) shall be maintained and kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principle use or other uses in the immediate neighborhood. The height of grass and other general ground cover shall be kept trimmed to a height of no more than eight (8) inches. Trees and shrubs shall be kept maintained and trimmed;

(ii)

All driveway, parking, loading and outside storage areas shall be maintained as per the approved plan(s); and

(iii)

All fences, walls, lighting, signs, storage structures, and other visual physical improvements or appurtenances as per the approved plan(s) shall be maintained in a safe, working order and in good appearance and free of graffiti.

(f)

Storage

(i)

No outside storage is permitted on a vacant site; and

(ii)

No outdoor sales, such as new or used cars, or mobile carwashes, shall be allowed on a vacant site unless approved in advance by the Director of Inspections and as per the applicable zone district allowed uses.

(C)

DESIGN STANDARDS .....Design standards shall include the following:

(1)

All design standards contained within this section shall be applicable unless otherwise specified.

(2)

Pre-fabricated metal building facades are prohibited. Corrugated metal, unfinished smooth face concrete block or tilt-up concrete panels, pre-fabricated steel panels, and vinyl siding may not be used unless approved by the Director of Planning as complementary to the overall design of the development.

(3)

Predominant exterior building materials may include wood, brick, limestone, granite, other native stone, or tinted, textured concrete masonry units, or stucco.

(4)

Landscaping. Landscaping as defined in this section is in addition to the requirements of Section B.3-4.3. To compliment the large scale of the structure(s) and parking areas, the following shall be included:

(a)

Trees planted under this section or Section B.3-4.2, shall be a minimum of two (2) inch caliper and specimen quality as certified by the American Standard of Nursery Stock (ASNS). Park grade trees are prohibited.

(b)

The required landscape setback area as defined in Section B.3-4.2 shall be a minimum of ten (10) feet, with an overall landscaped area equivalent to an average of twenty (20) feet across the entire site's public and private street frontage. This will allow design flexibility in the width of the landscaped area along the frontage.

(c)

Parking lot landscape islands shall be provided every one hundred (100) linear feet of aligned parking spaces and shall be a minimum of twelve (12) feet wide.

(d)

A minimum of thirty (30) percent of the required parking lot landscape islands as described in Section B.3-12.1(C)(4)(c) shall be a minimum of fifteen (15) feet wide and eighteen (18) feet long. It is encouraged that these be placed in proximity to the front of the buildings(s).

(5)

Facades greater than one hundred (100) feet in linear length shall be articulated with recesses or projections, which total at least twenty-five (25) percent of that facade. Recesses or projections shall be a minimum of two (2) percent of the length of that facade. No uninterrupted length of any facade shall exceed seventy-five (75) horizontal feet. See Figure 1.

(6)

Ground floor facades that face public streets or public ways shall have arcades, display windows, entry areas, awnings and other such design features along no less than sixty (60) percent of that facade. This requirement includes the facade of the building that functions as the rear, yet faces a street. See Figure 1.

(a)

Architectural elements like window and doors, bulkheads, masonry piers, transoms, cornice lines, window hoods, awnings, canopies, and other similar details shall be used on all facades facing public rights-of-way.

(b)

Building wall offsets, including projections, recesses, and changes in floor level shall be used in order to: add architectural interest and variety; relieve the visual effect of a single, long wall; and subdivide the wall into human size proportions. Similarly, roofline offsets should be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(7)

Underground Wiring . To reduce the visual impact of overhead wiring, utility services shall be located underground.

Figure 1

(D)

FACADE TREATMENTS .....All facades must use at least five (5) of the following design features. The Director of Planning, or designee may allow for minor deviations to the full requirement of each chosen item if the petitioner can adequately demonstrate that the overall intent and spirit of this section continues to be adhered to in an overall development design:

(1)

Colors, Materials or Textures. .....Have more than two (2) exterior contrasting colors and have more than three (3) exterior material or texture changes.

(2)

Have building face offsets, such as pilasters, columns and/or reveals, or other decorative elements (minimum twelve (12) inch offset) that are parallel to the front lot line.

(3)

Covered pedestrian walkway (minimum of eight (8) depth) across the entire front facade of the structure.

(4)

Clear glass window display area that covers at least twenty (20) percent of one facade, or thirty (30) percent of two facades.

(5)

Public Art - Building. .....To further create an individual identity to the community, artistic detailing such as tile work, murals, sculptures, and similar features, which are integrated into the design of the structure are encouraged. If tile work or murals, or similar detailing on the building is used, it must cover at least twenty (20) percent of that facade, which is not devoted to the entrance area(s). In lieu of installation of public art directly by the developer, the developer may elect and is encouraged to have a local arts organization coordinate the selection, placement and installation of the public art as required in this subsection:

(a)

One percent of the construction cost, as determined by the value of the building permit, for the subject property shall be allocated and used to purchase and install public art for the building(s).

(b)

Calculation of the construction cost shall be verified by the Inspections Department.

(c)

The following expenses may be included in the public art allocation:

(i)

The artwork itself, including the artist's fee for design, structural engineering and fabrication;

(ii)

Transportation and installation of the work at the site;

(iii)

Identification plaques; and

(iv)

Mountings, anchorages, containment, pedestals, bases or other materials necessary for the installation of the artwork;

(d)

The following expenses shall be excluded from the pubic art allocation:

(i)

The cost of locating the artist;

(ii)

Architect and landscape architect fees;

(iii)

Land costs;

(iv)

Landscaping, utility connections and fees associated with activating the artwork; and

(v)

Publicity, public relations, photographs or dedication ceremonies.

(6)

Public Art - Site. .....To further create an individual identity to the community, artistic detailing shall be integrated into the design of the site. In addition to sculpture, innovative locations for public art, such as at the architectural entrance to the site are encouraged. In lieu of installation of public art directly by the developer, the developer may elect and is encouraged to have a local arts organization coordinate the selection, placement and installation of the public art as required in this subsection:

(a)

One percent of the construction cost, as determined by the value of the building permit for the subject property shall be allocated and used to purchase and install public art for the site.

(b)

Calculation of the construction cost shall be verified by the Inspections Department.

(c)

Expenses set forth in subparagraph Section B.12-1(D)(5)(c) may be included in the public art allocation.

(7)

Integral planters or walls constructed parallel to the face of the building and incorporating living landscaped areas and/or places for sitting. Such areas shall be a minimum of two (2) feet wide and nineteen (19) inches high for sitting, and five (5) feet wide for a planter and cover at least fifty (50) percent of that facade.

(8)

Open space pedestrian plaza, which incorporates gathering and sitting opportunities adjacent to the main entrance or on the front facade equivalent to two (2) percent of the gross square footage of that building. Such an area shall include a seating area with benches or tables & chairs at a minimum rate of one seat per fifteen thousand (15,000) gross square feet, and shall include at least one of the following features:

(a)

Kiosk(s);

(b)

Outdoor playground area;

(c)

Water feature;

(d)

Gazebo; or

(e)

Clock tower or other such focal feature and amenity that enhances the public space.

(9)

Atrium skylight(s), with a minimum depth of twenty (20) feet that visually enhances the exterior architectural style and design of the front entrance, facade and roof area.

(E)

ROOFS .....Roof design shall incorporate the following design features:

(1)

Roof Pitch. .....Roof pitches less than 3/12 and flat roofs will require a parapet wall. A pitched roof shall be profiled by eaves a minimum of twelve (12) inches from the building face or with a gutter. Parapet walls or other roof treatments will screen the flat roof and any or all equipment that may be contained thereon from view. Such parapets shall not exceed one-third (⅓) of the height of the supporting wall and shall be constructed with a three-dimensional cornice treatment. Roof forms shall be architecturally compatible with existing, adjacent, or surrounding structures.

(2)

Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(3)

Membrane roofing material is prohibited when visible from public view. Roofing material shall be tile, slate, asphalt, and metal. All roof designs must use at least one of the following design features:

(a)

Three (3) or more roof slope planes; or

(b)

Overhanging eaves or canopy projections, which extend no fewer than two (2) feet past the supporting walls.

(F)

ENTRANCES .....Each retail establishment shall have a clearly defined and highly visible customer entrance or portal, which incorporates the following design features:

(1)

A pedestrian plaza as per the following:

(a)

Single tenants occupying more than fifty thousand (50,000) square feet shall provide for a plaza area of at least twenty (20) feet in depth immediately in front of their entrance(s). It is encouraged that this area be large enough to plant shade trees;

(b)

Single tenants occupying more than twenty thousand (20,000) square feet shall provide for a plaza area of at least ten (10) feet in depth immediately in front of their entrance(s); and/or

(c)

Single tenants of less than twenty thousand (20,000) square feet shall provide a plaza area of at least eight (8) feet in depth immediately in front of their entrance(s).

(2)

With the exception of interior malls, multiple and separate stores located in the same structure shall have at least one exterior customer entrance. For the purposes of this subsection, accessory uses within the primary store are not required to comply.

(3)

Diagonal parking on both sides of the travel lane along the front facade of the structure(s) shall be encouraged to create a "Main Street" type atmosphere.

(4)

Each portal shall use at least three (3) of the following design features. These design features shall be in addition to those required Sections B.3-12.1(F)(1)—(3):

(a)

Canopies, porticos, arcades and/or outdoor patios;

(b)

Raised or peaked cornice parapets over the entrance;

(c)

Architectural or artistic details such as tile work and moldings that are integrated into the design of the entrance; and/or

(d)

Integral planters or walls that incorporate living landscaped areas and places for sitting that are built perpendicular to the facade and frame the entrance. Such areas shall be a minimum of two (2) feet wide and nineteen (19) inches for sitting and twenty (20) feet wide for a planter and shall be a minimum of ten (10) feet in overall length.

(G)

PARKING AND CIRCULATION .....The parking lot design and pedestrian circulation routes shall provide a safe, convenient and efficient access for vehicles, pedestrians and bicyclists. Pedestrian circulation via internal public sidewalks shall be encouraged. The placement of structures shall enhance and promote pedestrian circulation on the site.

(1)

Artistic detailing and paving patterns are encouraged in pedestrian walkways, plazas, and gathering areas.

(2)

Total parking spaces allowed will be limited to no more than one hundred percent (100%) to one hundred ten percent (110%) of that otherwise allowed by Table B.3.8. No more than sixty (60) to eighty (80) percent of the overall proposed parking for a single structure development shall be located between the front facade and the abutting street. Exceeding the one hundred (100) or sixty (60) percent allowances will be allowed only with Village Council approval after petitioner demonstration to Council's satisfaction that the additional flexibility is needed.

(3)

Reserved.

(4)

Sidewalks at least eight (8) feet in width shall be provided along any façade featuring a customer entrance, and along any façade abutting public parking areas. At all times, such sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk. Additionally, such sidewalks shall connect all customer entrances and to other internal sidewalks, and shall be located an average of at least three (3) feet from the façade of the building to provide planting beds for living foundation landscaping, except where features such as covered walkways, arcades or entryways are part of the façade. Such living foundation landscaped areas shall be a minimum average of six (6) feet wide, and shall be a minimum of fifteen (15) feet in overall length.

(5)

All internal pedestrian walkways shall be physically separated from the drive lanes. Additionally all sidewalks and crosswalks shall be visually distinct from the driving surface by use of pavers, bricks or scored concrete.

(6)

Where applicable, pedestrian and recreational paths, and vehicular linkages shall be made with adjoining properties.

(7)

Bike racks shall be provided adjacent to entrances.

(8)

Overnight parking of RV's, mobile homes and other vehicles providing transient residency is prohibited.

(H)

OUTDOOR STORAGE, TRASH COLLECTION AND LOADING AREAS .....These areas, due to their visual and noise impacts onto adjacent properties and visitors to the site, shall be screened, recessed or enclosed:

(1)

No area for outdoor storage, trash collection or compaction, loading or other such uses shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian walkway.

(2)

Outdoor shopping-cart storage areas shall be provided in the parking lot, and adjacent to the buildings if they are not available at the entrance.

(3)

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other such service functions shall be incorporated into the overall design of the structure and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of the view from general passersby. Decibel (dBA) reading sheets shall be provided for all mechanical equipment, including refrigeration units (built-in or free standing tractor trailer units), trash compacters, generators and HVAC units. Acoustic buffering shall be required for any equipment that exceeds 65 dBA in order to ensure that combined minimal noise levels (less than 50 dBA) are present at the property line of the subject property. Screening materials shall be the same as those used on the structure to avoid visual detection of the service function on and off site.

(4)

Only previously designated and approved areas for the parking or storage of trucks, trailers, or containers as accessory outdoor storage shall be permitted. Such areas are prohibited on any portion of a walkway, drive aisle, parking or landscaped area.

(I)

OUTDOOR SALES .....Permanent and seasonal outdoor sales areas shall be incorporated into the design of the building and site. Additionally, only previously designated and approved permanent or seasonal outdoor sales areas shall be permitted.

(1)

Non-enclosed areas for the sale and storage of seasonal inventories shall be permanently defined and separated with walls and/or fences. Walls and roofs shall conform to the standards defined in Sections B.3-12.1(C)(2) and (3), and Section B.3-12.1(E)(2) of these design requirements. Additionally, membrane roofing material is prohibited when visible from public view;

(2)

If anti-theft devices for the area(s) are provided, they shall be identified on the site plan.

(3)

No outdoor display or sales area shall encroach on to any portion of a walkway, drive aisle, parking or landscaped area.

(J)

SIGNS .....Signs will be in accordance with normal zoning standards.

(K)

CANOPIES .....Gasoline canopies, car washes and other accessory functions located in separate structures on the same subject site shall be complementary to the overall design of the site and of the primary structure.

(1)

Materials, colors and designs, including roof design, shall conform with and compliment the predominant materials and colors of the main structure.

(2)

Shall be illuminated with flush mounted, flat lens light fixtures for all under canopy fueling areas.

(L)

MISCELLANEOUS .....Internal traffic signs, handicapped parking signs, transformers, and other such site necessities shall be integrated into the overall design of the site.

(1)

Traffic and parking signs shall comply with the Manual on Uniform Traffic Control Devices. Sign housings and post shall be designed to be a visual and design amenity for the site. Creativity in design is encouraged.

(2)

Transformers shall be integrated into the overall design of the site and shall be heavily screened with living landscaping and/or enclosures to minimize their visual impact.

(3)

Lighting. Decorative lighting shall be provided as a means of providing a safe and visible pedestrian realm as well as establishing a theme or character for a street. The use of decorative light fixtures along with a coordinated signage and banner program create a lively pedestrian environment.

(a)

Use of a low intensity high-quality light, which will provide good, uniform visibility while avoiding light pollution. All fixtures should be full-cutoff or shielded type fixture (wall pack fixtures are not acceptable) for all building lighting for security or aesthetics. Floodlighting is discouraged, however, if used it shall be shielded to prevent the following:

(i)

Glare for pedestrian or drivers;

(ii)

Light trespass beyond the property line; and

(iii)

Light above a ninety (90) degree horizontal plane.

(b)

Lighting shall be no more than one-half foot-candle level at the property line, be of a white light, such as metal halide, incandescent or a lamp with a color rendering index above seventy (70);

(c)

Use decorative bases, posts, luminaries, and bollards in lieu of standard wood poles.

(d)

A lighting program should consider the illumination of sidewalks and other multi-use pathways using low intensity fixtures that provide an even distribution of light while avoiding area of intense shadows.

(e)

To consolidate the number of fixtures placed within the right-of-way, consider the co-location of light fixtures along with other streetscape elements on single poles (i.e., street lighting, pedestrian lighting, and banners).

(f)

A substantial amount of lighting for pedestrians should be provided from the storefronts using eight indirect illumination from within the building or direct illumination under canopies or awnings.

(M)

SUBMISSION REQUIREMENTS .....The following shall be submitted to the City-County Planning Department for approval of a large-scale retail development:

(1)

Proposed site plan(s) to scale that meets the requirements of Section B.7 and including the following:

(a)

Perimeter outline including dimensions of all structures including decks, patios, parking areas with spaces delineated, driveway(s), walkway(s), freestanding signs, light fixtures, transformers, fences, retaining walls;

(b)

Easements and/or right-of-ways;

(c)

Setbacks-distance to property lines from building(s), parking area(s), driveway(s);

(d)

Proposed landscaping including species, sizes, and planting interval;

(e)

Proposed topographic grade changes (minimum two (2) foot contours); and

(f)

All existing and proposed water, sewer and storm water layouts, detention areas, utility appurtenances (such as backflow preventers), and major erosion control features.

(2)

Full building elevations (to scale), clearly showing all exterior materials, colors, lighting and signs on building(s);

(3)

Section cuts of the site when existing or proposed topography includes more than a ten (10) foot elevation change; and

(4)

Other requirements imposed by the Village of Clemmons Elected Body in order to comply with this section.

( C-UDO-83 , § 35, 6-28-21)