No building or land shall hereafter be used and no building or part there of shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as provided in this chapter.

(Ord., Art. XI, § 1100, passed - -)

   Every building hereafter erected, moved or structurally altered shall be located on a single lot and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of a designed planned unit development, a detached accessory dwelling unit and its associated principal dwelling, a mobile home park or a professional campus.

(Ord., Art. XI, § 1101, passed - -)

   No part of a yard or open spaces, or off-street parking or loading space required in §§ 154.106 and 154.107 below or required in connection with any building for the purpose of complying with this chapter, shall be including as a part of a yard, open space or off-street parking or loading space similarly required for any other building.

(Ord., Art. XI, § 1102, passed - -)

      (1)   Shall only be located in Highway Commercial (HC) zoning districts;

      (2)   An approved zoning permit shall be obtained prior to the donation box being located on a lot;

      (3)   Shall not obstruct pedestrian or vehicular circulation, not be located in public rights-of-way, required building setbacks, vehicle accommodation areas, or other unsafe locations;

      (4)   Shall be low reflectance earth tone, muted, subtle, or neutral colors;

      (5)   Shall be no larger than six feet in width, six feet in length, and six feet in height;

      (6)   Shall be constructed of noncombustible material and properly maintained;

      (7)   Any donations left outside of the box shall be removed within 24 hours; and

      (8)   Prohibited donation boxes that exist at the time this section is adopted shall be removed within 60 days of adoption.

(Ord., Art. XI, § 1103, passed - - ; Am. Ord. 2015-03, passed 3-26-2015)

   (A)   When allowed, an accessory dwelling unit, whether an accessory apartment or a detached accessory dwelling unit, shall be subject to the following requirements:

      (1)   The principal use of the lot shall be a detached single-family dwelling;

      (2)   No more than one accessory dwelling unit shall be permitted on a single deeded lot in conjunction with the principal dwelling unit;

      (3)   An accessory dwelling unit shall be constructed in similar design to that of the principal structure and of similar materials so as to create a uniform appearance on the lot;

      (4)   The accessory dwelling unit shall be owned by the same person as owns the principal dwelling unit;

      (5)   The accessory dwelling unit shall not be served by a driveway separate from that serving the principal dwelling;

      (6)   Two additional off-street parking spaces shall be provided for the accessory dwelling unit; and

      (7)   The accessory dwelling unit shall be a minimum of 200 square feet and a maximum of 35% of the gross floor area of the principal structure or 800 square feet, whichever is less.

   (B)   When allowed, a detached accessory dwelling unit shall be subject to the following requirements in addition to the requirements listed above:

      (1)   A special use permit must be obtained in order to construct a detached accessory dwelling unit;

      (2)   A detached accessory dwelling structure may be dwelling area only or may combine the dwelling with a garage, workshop, studio or similar permitted accessory use, provided that the total floor area of the structure does not exceed the area limitations set forth in division (A)(7) above;

      (3)   A detached accessory dwelling unit shall be completely located behind the rear facade of the principal structure and the property shall retain a single-family appearance from the street;

      (4)   A detached accessory dwelling unit shall be located on a lot or parcel of land having at least 50% more lot area than the minimum lot area required for the zoning district in which the lot or parcel is located;

      (5)   A detached accessory dwelling unit shall be constructed in accordance with the dimensional requirements of accessory structures and buildings; and

      (6)   Any time a detached accessory dwelling unit is located within a distance of five feet from the required setbacks outlined in § 154.098 above, a vegetative buffer strip, as defined in § 154.005 above, shall be required the whole length of the dwelling on the side(s) that are within five feet of the required setback(s).

   (C)   Use of a travel trailer or recreational vehicle (RV) as an accessory dwelling unit shall be prohibited.

      (1)   Those vehicles may be used to house out-of-town visitors during temporary visits aggregating no more than 30 days during any 12-month period.

      (2)   Upon application by the property owner, the zoning administrator or his or her designee shall have discretion to extend the 30-day time limitation to a period not to exceed 180 days within any 12-month period.

(Ord., Art. XI, § 1104, passed - -)

   Standards pertaining to home occupations are contained within the definition of a home occupation as displayed in §§ 154.004 and 154.005 above.

(Ord., Art. XI, § 1105, passed - -)

   Sight distances at intersections must meet the standards for secondary roads established by the State Department of Transportation. On corner lots no planting, structure, sign, fence, wall or other obstruction shall be erected so as to interfere with the sight distance.

(Ord., Art. XI, § 1106, passed - -)

   Vacant structures, lots and open spaces shall be maintained consistent with the surrounding neighborhood. All structures shall remain structurally sound. Vegetation shall be neatly trimmed, and the accumulation of unsightly debris shall be prohibited.

(Ord., Art. XI, § 1107, passed - -)

   Travel trailers and/or recreational vehicles may be used as temporary single family dwelling only in those districts that permit travel trailer parks, and only within the parks. In no case shall a travel trailer or recreational vehicle be used as a single family dwelling on an individual lot or in conjunction with a primary residence on an individual lot.

(Ord., Art. XI, § 1108, passed - -)

   Where applicable, all proposed development projects or land disturbing activities should comply with G.S. § 113A-54, and Rules and Regulations for Erosion and Sediment Control as established by the State Sedimentation Control Commission, State Department of Natural Resources and Community Development.

(Ord., Art. XI, § 1109, passed - -)

   (A)   Intent and purpose (general).

      (1)   To encourage the preservation of existing trees and vegetation;

      (2)   To assist with noise reduction, glare and heat abatement;

      (3)   To provide visual buffering and enhance the beautification of the town;

      (4)   To safeguard and enhance property values and to protect public and private investment;

      (5)   To provide habitat for living things that might not otherwise be found in urban and suburban environs.

   (B)   Application. The requirements of this section shall apply to all uses of land, buildings and structures located within the town Zoning Jurisdiction which are not exempted in subparagraph (2) below.

      (1)   The following areas are required to be landscaped:

         (a)   Street yards;

         (b)   Vehicular parking areas;

         (c)   Transitional areas between non-residential and residential uses; and

         (d)   Trash dumpster and container areas.

      (2)   The landscaping requirements shall not apply to:

         (a)   A detached single-family dwelling on its own separate lot;

         (b)   A two-family dwelling on its own separate lot; or

         (c)   Existing uses and building, including repairs, or improvements to the interiors and exteriors of existing buildings which do not result in expansions or square footage.

   (C)   Landscaping plan approval. Whenever an application is filed with the town for a zoning permit for any use of land to which these landscaping requirements apply, the application shall be accompanied by a landscape development plan. The plan shall be in sufficient detail to enable the Town Zoning Administrator to determine whether or not the plan, when fully implemented, shall include at a minimum the following specific information:

      (1)   The locations, dimensions and descriptions of all area to be landscaped, including buffers, screens and fences;

      (2)   The locations, species, spacing and size (height and caliper) of proposed trees that are required;

      (3)   The locations, species (as appropriate), spacing and sizes of planting materials and fences that are proposed to serve as required screens and buffers;

      (4)   The locations, dimensions and descriptions of any barriers to be installed at the time to protect trees and plants; and

      (5)   A description of proposed means for watering and soil stabilization for planted areas.

   (D)   General requirements and conditions.

      (1)   A conditional certificate of occupancy may be issued by the Zoning Administrator for the temporary use and occupancy of a building, structure or land for a maximum period of 180 days from the date of the issuance of the certificate whenever the landscaping requirements of this chapter are not complied with on time for the intended use and occupancy of a building, structure or land. Should these landscaping requirements not be complied with in full upon the expiration of the conditional certificate of occupancy, the use of the property for which the certificate was issued shall be discontinued and further use of the property beyond the expiration date of the certificate shall constitute an illegal use and occupancy of the property.

      (2)   It is not the intent of this section to prevent the use of a material or method of construction not specifically prescribed by this section, especially whenever a stream, natural rock formation or other physiographic obstacles make conventional compliance extraordinarily difficult or impossible. Alternate materials and methods may, therefore, be utilized to satisfy these requirements, provided that any proposed alternate is suitable for the purpose intended, and is at least the equivalent of that specifically prescribed by this section in quality, effectiveness, durability, hardiness and performance. The Zoning Administrator may require that sufficient evidence and data be submitted to substantiate any claim that may be made in this regard.

 

 

         (a)   Existing trees which meet or exceed the minimum standards, as established herein, may be used to satisfy these requirements, and an allowance for the preservation of existing trees may be applied at the following rate:

         (b)   In order to qualify for the above table, each existing tree to be preserved must be uniformly encircled with an effective protected ground area which shall extend at least seven feet from the base of the tree trunk in all directions, or at least one foot per inch of caliper of the tree trunk measured at grade, whichever is greater.

      (3)   During construction, all protected ground areas shall be clearly marked and identified on the site by effective barriers, such as a fence at least three feet high using 2X4 posts not more than ten feet apart with one by four horizontal rails and/or covered with orange polyethylene laminar safety fencing, or other effective barriers. No credit will be allowed if there is any encroachment of construction, construction activity or construction materials within the protected ground area.

      (4)   Landscaping shall not obstruct the view of motorists using any street, private drive, parking aisle or other approaches to street intersections so as to constitute a condition endangering the public safety upon any such street, driveway, parking aisle or street intersection.

      (5)   All required planting and landscaped areas shall be maintained at all times in good, stable and healthy condition.

   (E)   Specific landscaping requirements.

      (1)   Street yards.

         (a)   It is the intent of this section to encourage a landscape planting area, hereinafter called a "street yard", adjacent and parallel to the street right-of-way, but not within it, and containing plantings of trees, and which shall be grassed, and/or mulched with organic material and may contain other plantings of shrubs and/or flowers.

         (b)   The purpose of street yards is to provide a more pleasing view from the ways of travel, to provide for a continuity of vegetation throughout the zoning jurisdiction of the town, to reduce the amount of impervious surface and storm water runoff, to filter air, provide shade and otherwise improve the microclimate of the streets.

            1.   Each street yard should contain at least one large maturing tree or two small maturing trees for every 50 linear feet of street yard, or fraction thereof, as measured from the corners of the lot, and the trees shall be located so that at least one such tree will be within each 75 linear feet of street yard. Where the trees are to be grouped, or clustered, large maturing trees shall be spaced at least 20 feet apart, trunk to trunk, and small maturing trees shall be spaced at least 12 feet apart, trunk to trunk. Large maturing trees in a side yard shall be planted at least ten feet from any common property line.

            2.   A large maturing tree shall mean any tree, evergreen or deciduous, which normally grows to an average mature height of at least 35 feet, and shall have a caliper of at least one and one half inches and a minimum height of eight feet at planting in accordance with AAN (American Association of Nurserymen) standards. Addendum A included a list of recommended tree species.

            3.   Large maturing tree species shall not be planted under overhead utility lines.

            4.   Adequate wheel stops or curbs shall be installed for the protection of required trees and plantings that are located or expected to grow to any point within five feet of a vehicular parking area. The wheel stops or curbs shall be a minimum of six inches in height and shall be adequately anchored to the ground, and may be concrete, rot-resistant heavy timbers or other effective materials.

      (2)   Vehicular parking area. A vehicular parking area is an outdoor open area on a lot where motor vehicles are parked. The intent of this section is to provide for trees and planting areas within or adjacent to the vehicular parking areas in order to modify and reduce visual, environmental, and aesthetic effects of the areas. These requirements have been developed to reduce the rate of storm water runoff in paved areas; provide shade, noise management, aid in the filtering of air from gaseous pollutants, and other beneficial environmental effects; provide for live vegetation, a more pleasing view from the ways of travel, and from nearby properties and to break the visual blight created by large expanses of vehicular parking area.

         (a)   All vehicular parking areas shall be provided with at least one large maturing tree for each 2,000 square feet, or fraction thereof, including drives. The trees shall be located and arranged so that no tree trunk will be more than 75 feet from a designated vehicular parking space. For up to 25% of the number of large trees required, two small maturing trees may be substituted for one large maturing tree.

         (b)   The trees shall be planted within planting areas (i.e. islands) having a minimum of 300 square feet of contiguous growing areas and a minimum dimension of seven feet for each large maturing tree; and a minimum of 200 square feet of contiguous growing area and a minimum dimension of five feet for each small maturing tree. Plantings on the perimeters of the parking area shall satisfy this requirement.

         (c)   Required planting areas shall contain planting soil suitable for the plantings and conditions, and shall be grassed and/or mulched with organic material so that no bare ground is exposed. The areas may contain other plantings of shrubs or flowers.

         (d)   Large maturing trees shall not be planted under overhead utility lines.

         (e)   Adequate wheel stops or curbs shall be installed for the protection of trees and other plantings that are located or expected to grow to any point within five feet of a vehicular parking area, including drives and the like: the wheel stops or curbs shall be a minimum of six inches in height and shall be adequately anchored to the ground, and may be of concrete, rot resistant heavy timbers, or other effective materials.

      (3)   Screening.

         (a)   Any non-residential use located in either the HC, IND or PS Districts and located on property abutting any R-1 or R-2 Residential District, unless separated by a public street right-of-way, shall provide a screening device as described below.

         (b)   The screening device shall be provided along the full length of any common property line and shall be maintained as long as the conditions requiring the original installation exists, even if active operations cease.

         (c)   The requirement for the installation of a screening device shall be initiated by the occurrence of any one or more of the following activities on the non-residential property:

            1.   The initial use, development or occupancy of the non-residential property;

            2.   Any change in use or occupancy of the non-residential property which results from a change in the zoning classification of the nonresidential property; and/or

            3.   Any building expansion that increases the floor area of the nonresidential use or any addition of parking that provides ten or more spaces, whether required or not.

         (d)   The screening device shall be provided by the non-residential use even if the abutting residentially zoned land is vacant.

         (e)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

            SCREENING DEVICE. A screen that is at least 90% opaque from the ground to a height of at least six feet. The screen is intended to block visual contact between uses and to create a strong impression of spatial separation. The screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. In any case where vegetation, either existing or proposed, is to be used as the required screening device, if the vegetation is to be less than ten feet in width (thickness), a fence, wall or similar device at least 50% opaque and six feet in height shall be used in combination with the vegetation. In all cases, the screen must be at least 90% opaque in all seasons of the year. Planted vegetation must be a minimum of four feet high and one inch in caliper, measured six inches above grade, when planted. Existing vegetation must be equivalent. In no case shall the screening device required by this section interfere with visibility at intersections or with visibility at entrances and exits at public streets. Any trees within the ten foot required buffer yard width may be included in the screening devise.

      (4)   Trash container and dumpster screens/buffers. The large metal boxes commonly known as "dumpsters" are a type of "trash container" as such term is used herein. These "dumpsters" are, however, referred to in this section by specific name for purposes of emphasis and clarity. It is the intent of this section to provide for visual screens and/or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties.

         (a)   Trash containers and dumpsters shall not be located in the front yard of any property and shall be screened from view on all sides, except for one opening not greater than ten feet across in width to allow for service access. A screen that is at least 90% opaque from the ground to a height of at least eight feet shall be required. The screen is intended to block visual contact and to create a strong impression of spatial separation. The screen may be composed of a wall, fence, planted vegetation, or existing vegetation.

         (b)   Screens and/or buffers intended to satisfy this requirement shall be as approved by the Town Manager. Existing dumpsters on town property or street rights-of-way will not be grandfathered.

(Ord., Art. XI, § 1110, passed - -)

   Any parcel of land, use of land, building or structures existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located, may be continued and maintained subject to the following provisions.

   (A)   Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the Register of Deeds Office of the county, which at the time of the adoption of this chapter fail to comply with the minimum area and width requirements of the districts in which they are located. Any nonconforming lot may be used for any of the uses permitted in the district in which it is located provided that:

      (1)   Where the lot area is not more than 20% below the minimum specified in this chapter or other ordinance or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance the dimensions as shall conform as closely as possible to the required dimensions.

      (2)   Where the lot area is more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance the dimensions as shall conform as closely possible to the required dimensions.

   (B)   Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this chapter, that fail to comply with the minimum requirements for area, width, yard and setbacks for the district in which they are located. These lots may continue to be used.

   (C)   Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where the use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows:

      (1)   When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming uses;

      (2)   Nonconforming open use of land shall be changed only to conforming uses;

      (3)   A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming; and

      (4)   When any nonconforming open use of land is discontinued for a period in excess of 120 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

   (D)   Nonconforming uses and structures. This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter for purposes of use not permitted in the district in which they are located. These uses may be continued as follows.

      (1)   An existing nonconforming use may be changed to another nonconforming use of the same or higher classification, provided that the other conditions in this section are complied with. For the purpose of this chapter, the rank of uses from higher to lower shall be:

         (a)   Residential;

         (b)   Public;

         (c)   Commercial; and

         (d)   Industrial.

      (2)   When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

      (3)   A nonconforming use may not be extended or enlarged, nor shall a nonconforming structure be altered except as follows:

         (a)   Structural alterations as required by law or ordinance to secure the safety of the structure are permissible;

         (b)   Maintenance and repair necessary to keep a nonconforming structure in sound condition are permissible; or

         (c)   Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for the nonconforming use is permissible.

      (4)   When any nonconforming use of a building or structure is discontinued for a period in excess of 120 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   (E)   Reconstruction of damaged buildings or structures. Any nonconforming use, which has been damaged by fire, wind, flood or other causes, may be repaired and used as before provided.

      (1)   Repairs as initiated within six months and completed within one year of the damage.

      (2)   The total amount of space devoted to a nonconforming use may not be increased.

      (3)   Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.

      (4)   Damage to buildings and structures do not excess 60% of its fair market value immediately prior to damage.

   (F)   Reconstruction of mobile home parks. Mobile home parks that become nonconforming uses shall be permitted to continue operation, and existing spaces within the mobile home park may continue to be occupied by mobile homes even after a space has been vacated; however, these mobile home parks shall not be expanded or increased in size and no additional spaces designed for occupancy by a mobile home shall be added to the site after the adoption of this chapter. A mobile home park that is discontinued for 120 days shall not be reestablished.

(Ord., Art. XI, § 1111, passed - -)

   (A)   Intent and purpose. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision and comfort, reduce light pollution and not create or cause excessive glare on adjacent properties and street rights-of-way.

   (B)   IESNA cutoff classifications. The following descriptions are designed with minimal word modifications to provide non-technical clarity. See the appendix for diagrams of these cutoff classifications.

      (1)   Full cutoff. A fixture light distribution where no light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at or above an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.

      (2)   Cutoff. A fixture light distribution where no more than 2.5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at or above an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.

      (3)   Semi-cutoff. A fixture light distribution where no more than 5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 20% of the lamp's light intensity is emitted at or above an angle ten degrees below that horizontal plane, at all lateral angles around the fixture

      (4)   Noncutoff. A fixture light distribution where there is no light intensity limitation in the zone above the maximum distribution of light intensity.

   (C)   Light measurement technique. Light level measurements shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus 5%. Measurements shall be taken with a light meter that has been calibrated within the previous two years. Light levels are specified, calculated and measured in footcandles (FC). All FC values are maintained footcandles unless specified otherwise. See the definition for maintained footcandles in §§ 154.004 and 154.005 above for maximum allowed light loss factors.

   (D)   General standards for outdoor lighting.

      (1)   A lighting plan shall be provided for review and must be approved prior to the issuance of the building permit. The lighting plan shall demonstrate a consideration for reduced energy consumption through the selection of energy efficient fixtures.

      (2)   Unless otherwise specified in the following divisions, the maximum light level shall be one- half maintained footcandle at any property line in a residential district, or on a lot occupied by a dwelling, congregate care or congregate living structure, unless otherwise approved by the town. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. These lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. The Zoning Administrator may require shields to be installed on floodlights before, during or after the installation when needed to further reduce lighting trespass, glare and light pollution. Flood lights shall not be aimed at residential property, which property shall be construed to mean that property which contains one or more residential uses and is occupied by either the owner of the property or the renter or lessee of the property.

      (3)   All flood lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from horizontal or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way.

      (4)   All wall pack fixtures shall be full cutoff fixtures.

      (5)   All fixtures installed for the purpose of illuminating public or private streets shall be full cut-off and shall comply with the standards of this section.

      (6)   The lighting plan shall demonstrate a consideration for reduced energy consumption through the selection of energy efficient fixtures.

      (7)   With the exception of essential all-night security lighting, the plan shall demonstrate lighting reduction procedures, implemented using timers or other methods (such as fixtures that automatically change wattage output). The lighting reduction shall be active between approximately 12:00 midnight and dawn. For 24-hr commercial activities, this requirement may be adjusted by approval of the Town Council.

      (8)   Hazardous or emergency situational lighting (lighting for emergency vehicles, or lighting temporarily set up for emergencies shall be exempt.

   (E)   Lighting in outdoor areas (residential and non-residential).

      (1)   (a)   Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be full cutoff fixtures, or comply with division (E)(4) below. Any street lighting located in areas considered as "steep slope" as defined in the town's Steep Slope Ordinance, shall be full cutoff fixtures.

         (b)   The mounting height of all pole mounted outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting shall not exceed 15 feet above finished grade, unless approved by the Town Council as having no adverse effect.

         (c)   Dusk-to-dawn open bottom security lights, even if privately owned, shall be fully shielded so as to provide a full cutoff lighting distribution.

         (d)   Security lighting for open parking facilities: For lighted parking lots the minimum light level shall be no less than 0.2 footcandles. The minimum light level requirements vary depending on the activity classification. The specified minimum FC value above 0.2 FC as outlined in the following table means that the lowest light level point or location in the parking lot must not exceed the minimum stated FC value in the table (i.e. 0.9 FC for large shopping centers). An average to minimum uniformity ratio of 4:1 means that the average FC to minimum FC ratio cannot be worse (higher) than 4:1. See the following table.

 

      (2)   Exceptions:

         (a)   Non-cutoff decorative post-mounted fixtures may be used but must be equipped with a solid top and an internal polished aluminum top reflector shield to direct the light downward or meet the cutoff classification. Mounting heights of 18 feet or less above ground are allowed when the maximum initial lumens generated by each fixture does not exceed 9,500 initial lamp lumens.

            1.   All metal halide, mercury vapor, fluorescent, induction, white high pressure sodium and color improved high pressure sodium lamps used in non-cutoff fixtures shall be coated with an internal white frosting inside the outer lamp envelope.

            2.   All metal halide solid-top decorative post fixtures equipped with a medium base socket must use an internal refractive lens, a diffusing panel (lens) or a wide-body refractive globe as described in § 154.005.

         (b)   Temporary lighting for special events of short duration. Typically these are low wattage or low voltage applications for public festivals, celebrations and the observance of holidays, carnivals and celebrations. Portable (non-permanent) internally-illuminated signs come under this classification and, as such, can be used for up to 30 days only.

         (c)   Airport lighting controlled by the Federal Aviation Administration (FAA).

         (d)   Lighting of the United States of America and state flags and other flags or insignia of any governmental, non-profit or business organization.

   (F)   Lighting for vehicular canopies. Areas under a vehicular canopy shall have an average maximum horizontal illuminance of 24 maintained footcandles (FC). Areas outside the vehicular canopy shall be regulated by the standards of division (E) above. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or both of the following: Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy that provides a full cutoff or fully-shielded light distribution. Surface mounted fixture incorporating a flat glass that provides a full cutoff or fully-shielded light distribution.

   (G)   Outdoor sports field /outdoor performance area lighting.

      (1)   The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed 80 feet from finished grade unless approved by the town Zoning Board of Adjustment.

      (2)   All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices).

      (3)   The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. The maximum light level shall be one-half maintained footcandles at any property line in a residential district, or on a lot occupied by a dwelling congregate care or congregate living structure.

      (4)   Non-conforming fixtures lighting sports fields may be replaced or otherwise changed if no more than 30% of the existing non-conforming fixtures are replaced or changed. However, if more than 30% of the existing non-conforming fixtures are replaced, then all the fixtures must be brought into compliance with the requirements of these lighting standards.

      (5)   The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event.

   (H)   Natural recreation areas. These locations are intrinsically dark landscapes at night. These areas include state and national parks, conservation areas, natural recreation areas and areas adjacent to optical astronomical observatories. These places are used for camping and the like, where a naturally dark environment is desired and are designated by the town.

      (1)   Light reduction procedures begin at approximately 12:00 midnight with limited essential safety and security lighting.

      (2)   All fixtures shall be full cut-off.

   (I)   Lighting of outdoor display areas. The following provisions apply to outdoor display areas except for car dealership parking lots, as specified in division (I)(4) below.

      (1)   Parking lot outdoor areas shall be illuminated in accordance with the requirements for division (f) above. Outdoor display areas shall have a maximum average maintained illuminance of 24 maintained footcandles.

      (2)   All light fixtures shall meet the IESNA definition of cutoff fixtures. Forward throw fixtures (type IV light distribution, as defined by the IESNA) are required within 25 feet of any public street right-of-way. Alternatively, directional fixtures (such as floodlights) may be used provided they shall be aimed in accordance with divisions (D)(2) and (3) above.

      (3)   The mounting height of outdoor display area fixtures shall not exceed 15 feet above finished grade.

      (4)   For car dealership parking lots, the following provisions shall apply.

         (a)   Full cutoff fixtures shall be used.

         (b)   Mounting heights: Up to a maximum of 15 plus two-foot raised base for parking areas as needed.

         (c)   Lighting at the plane defined by the row of car bumpers closest to the street right-of-way may not exceed a maximum average maintained illuminance of 24 footcandles.

         (d)   Lighting in the non-display area of the parking lot after hours shall be no higher than seven FC average maintained.

      (5)   The use of klieg lights or search lights for the purpose of advertising sales or grand openings shall not be allowed.

   (J)   Lighting of buildings.

      (1)   Lighting fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, plantings and other intended site features, and away from adjoining properties and the public street right-of-way.

      (2)   Illumination on any vertical surface or angular roof shall not exceed five FC average maintained.

      (3)   To the extent practical and where possible, lighting fixtures shall be directed downward rather than upward.

      (4)   When upward aiming is used, placement of low wattage fixtures with shields (as needed) close to the building to graze the facade is required to minimize reflected light from windows and other surfaces. The Planning Department can waive this requirement in rare and unusual cases if it is demonstrated that the physical location of light fixtures close to the building to accomplish this design is not possible.

   (K)   Permanent sign and billboard lighting.

      (1)   Lighting fixtures illuminating signs and billboards shall be aimed and shielded so that direct illumination is focused exclusively on the sign, Externally lighted signs shall be lighted from the top of the sign downward. The Planning Department can waive this requirement in rare and unusual cases if it is demonstrated that the physical location of light fixtures for top down aiming is not possible. The maximum watts permitted to illuminate a sign are determined by multiplying the sign face area by two watts per square foot. For additional guidance, see the sign section of the town Zoning Ordinance. Exception: signs less than seven feet (two meters) in height above grade may be illuminated by ground mounted uplighting not exceeding 100 lamp watts per sign face.

      (2)   Light-Emitting Diode (LED) billboards and/or other permanent signs shall be prohibited. Exception: Those signs which are allowed by § 154.112(G) below. Note: Refer to division (E)(5)(b) above regarding portable internally illuminated signs.

   (L)   Holiday/festive lighting. Holiday/festive lighting is allowed provided it complies with the definition outlined in section (c). The connection of multiple holidays and/or festive events over a number of weeks and/or months is not permitted. Lamps below seven watts are exempt and have no restrictions on use.

   (M)   Walkways, bikewavs and parks (sections to be lighted).

      (1)   General. The walkway, pathway or ground areas that are to be lighted shall be illuminated to a level of at least 0.2 and no more than one-half average horizontal maintained footcandles.

      (2)   Driveway lighting. Non-cutoff decorative or non-decorative post lighting shall be allowed when located at the end of a residential driveway. Typically this type of driveway light is installed at the end of the drive for purposes of providing security to the residents of the dwelling. However, the driveway light shall not use a light bulb that uses energy at a rate higher than 60 watts.

   (N)   Landscape lighting. All landscape and residential facade lighting systems shall employ shielded directional luminaires not to exceed 40 lamp watts. The luminaires shall be aimed such that the light source cannot be seen from any reasonable viewing point on an adjacent property.

   (O)   Permitting and approval process. A permit shall be required for work involving outdoor lighting for commercial, office, industrial and institutional projects with a gross floor area of more than 5,000 square feet, residential projects of more than six units consisting of non-single-family detached dwellings, all major subdivisions, all vehicular canopies, and all outdoor display areas.

      (1)   The applicant for a permit shall submit the appropriate supporting documentation at the time the application is submitted for review. The documentation submitted shall include, but not be limited to the following, all or part of which may be part of, or in addition to, the information required elsewhere in this chapter, and by the policies and procedures established by the town:

         (a)   A lighting plan to scale that shows a point-by-point footcandle array on a 10 feet by 10 feet grid in a printout format indicating the location and aiming of illuminating devices. The printout shall include a summary table to indicate compliance with the average maintained and minimum footcandles and average to minimum uniformity ratios. FC point values in the appropriate areas to determine light trespass compliance is also required. The lighting plan shall include as a minimum an arrangement of the subject outdoor lighting, a fixture schedule detailing the mounting height and technique, fixture type, bulb type and wattage, controls, lenses and the like. The lighting plan shall demonstrate a consideration for reduced energy consumption through the selection of energy efficient fixtures as well as the implementation of the stated lighting practices as outlined throughout this chapter; and

         (b)   A point-by-point photometric footcandle array created from industry recognized lighting software systems and/or manual calculations created by a professional engineer, lighting certified professional, vendor or an individual that possesses the skills to perform the calculations. Methods used for calculating the lighting footcandle levels shall be indicated in the application documentation. The footcandle array shall be provided in a hard copy printed format indicating the location and aiming of all applicable illuminating devices covered under the subject application based on the site and/or building arrangement plan complete with consideration of adjoining properties and roadways. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, Hood light and the like]).

      (2)   Projects that are not required to submit items identified in this division (O) are still subject to comply with the provisions of this chapter and may be required to provide this information upon request.

      (3)   The Town Zoning Administrator or his or her designee may modify and/or waive any part(s) of the above referenced permit requirements, provided the applicant can otherwise demonstrate compliance with this code. Note: An example of this provision might be where a contractor or utility repeatedly installs the same lighting equipment on different projects in the town. One submittal containing the specification sheets of a particular group of fixtures may be sufficient for the Planning Department to modify the project requirement and require that only the other provisions of the ordinance be met since the fixture specification provisions have already been met. This modification would conserve town personnel and lighting supplier/installer resources.

   (P)   Nonconformities.

      (1)   Any lighting fixture lawfully in place or approved by the town prior to the adoption of this chapter shall be exempt from these requirements.

         (a)   At the time that a non-conforming fixture is replaced, moved, upgraded or otherwise changed, the fixture must be brought into compliance with the requirements of this chapter.

         (b)   Any expansion of, or addition to, an existing lighting system must conform to the requirements of this chapter.

      (2)   Routine maintenance, including changing the lamp, ballast, starter, photo control, lens and other required components, is permitted for all existing fixtures. When the fixture housing is changed, the fixture must come into compliance.

      (3)   (a)   Vehicular canopies do not qualify for the exemption for non-conforming structures described in division (P)(1) above and shall have five years from the adoption date of this chapter to bring the outdoor lighting into compliance. If a major renovation of the canopy (25% or more of the existing light fixtures) occurs at this facility prior to the expiration of the five-year term, the earlier date will apply regarding compliance.

         (b)   Property owners that install lighting fixtures after the effective date of this chapter and are found to be in non-compliance shall receive written notification according to this chapter.

      (4)   See division (G)(4) above for nonconformity provisions for outdoor sports fields and performance areas.

   (Q)   Effective date. The regulations of this section shall become effective on the date specified by the Town Council upon adoption.

(Ord., Art. XI, § 1112, passed - -)

   All newly constructed roads shall be provided with a defined street edge. The provision of defined street edges shall help delineate areas that are appropriate for vehicular traffic, increase the aesthetic appeal of public spaces within the town, and help manage and control storm water runoff from areas of impervious surface. Different types of streets shall dictate the appropriate manner in which to define the street's edge.

   (A)   Standard curb and gutter.

      (1)   Curb and gutter systems shall be constructed according to the State Department of Transportation's Division of Highways' standards. The following shall be typical cross sections of standard curb and gutter systems and valley gutter systems:

      (2)   The standard curb and gutter system or the valley gutter system shall be used to convey storm water runoff. Typically this type of storm water runoff control is used to collect and convey the runoff to a centralized (end of pipe) treatment facility. If a treatment facility is not required and is not installed, then the runoff shall be released from the conveyance mechanism in a non-erosive manner. The standard or valley system shall also serve the purpose of effectively defining the street's edge and separating, both horizontally and vertically, the vehicular traffic from any pedestrian activity.

   (B)   Standard or valley curb and gutter systems and bio-retention facilities.

      (1)   More development is incorporating storm water management techniques within the site design of a project. This is typically known as an aspect of low impact development. Not to be construed as an exhaustive list, bio-retention cells, grassed swales, rain gardens and storm water wet lands are all facilities that are designed to treat storm water on site with little or no concrete or metal conveyance (micromanagement). These techniques are typically viewed as positive due to the fact that the systems mitigate large quantities of water flowing at high velocities, they generally can treat the runoff for pollutants, and typically aid in groundwater recharge. To facilitate the use of these systems, standard curb and gutters or valley gutters may be used by incorporating curb cuts. In this fashion the road's edge is defined and storm water is effectively conveyed, but for short distances to infiltration aiding systems. While this street edge technique does provide vertical separation of vehicular traffic from pedestrian activity, the larger separation comes from the implementation of the storm water control system.

      (2)   Inlets to the storm water control system shall be provided with energy dissipaters in order to prevent erosion from entering waters. Inlets shall also be spaced at least every 12 feet on center and shall be a minimum of 12 inches wide. Other than these curb cuts, the curb and gutter system shall be designed and constructed according to division (A) above. This division (B) shall not be construed to offer a comprehensive guide on the construction of the storm water systems, rather the curb adjacent to the system.

   (C)   Flat curb.

      (1)   This method of street edge definition includes the curb, but not the gutter. Typically, this type of curb is used in conjunction with the micromanagement storm water systems discussed in division (B) above as it facilitates sheet flow into the management system. However, flat curb systems may be utilized in other applications, such as alleyways, as well as other appropriate applications. The flat curb system defines the street's edge, offers minor traffic calming capabilities, allows storm water to enter retention facilities as sheet flow, and can offer minor separation of pedestrians from vehicles. The following is an example of a flat curb system:

      (2)   It is highly recommended that the flat curbs be constructed of permeable materials, such as permeable pavers, permeable concrete, or permeable asphalt. These flat curb areas will not be heavily used and so these types of permeable materials will remain structurally sound for a considerable time.

   (D)   Streets with on-street parking.

      (1)   For streets that are provided with on-street parking, an edge defining mechanism shall be installed on the moving vehicular traffic side of the parking spaces. The edge defining mechanism shall be a flat curb, a wide painted stripe or some other effective means. The following diagram shall illustrate the placement of the edge definition:

      (2)   In most cases a similar curb or edging system will be provided on the opposite side of the parking space as well, but for the purposes of this division (D), the edge definition along the street side of the parking places shall be required.

   (E)   Streets with bike lanes.

      (1)   When a street is constructed and the street incorporates the provision of a bicycle lane, then the bicycle lane may serve as the street edge defining mechanism. The street edge may be comprised of the typical white line that delineates the bicycle lane, a different colored material as the bicycle lane, or a combination of both. For the purposes of this division (E) the street edge shall be deemed defined by the bicycle lane; however, another edge defining mechanism may be used on the non-vehicular side of the bicycle lane. The following is an example of a street whose edge is defined by a bicycle lane:

      (2)   While it is desirable to incorporate permeable, porous and/or recycled materials into traditionally impervious surfaces, the material chosen to construct a bicycle lane should be done in a manner that weighs the texture of the surface (as it relates to a bicyclist's riding experience) against the desired environmental benefit of the material.

   (F)   Other edge defining techniques. It is recognized that other methods of supplying an adequate road edge exist and may be more appropriate for a given project than those listed above. As such, proposed alternative approaches shall be considered on a case by case basis.

   (G)   Preliminary meeting. If a proposed development project is governed by this section, then a clear description and/or depiction of the proposed street edge defining method shall accompany the applicant's first application for development approval. Upon review of the application, the town Zoning Administrator or Subdivision Administrator shall forward the application to the Town Manager and Public Works Director for comments specifically relating to the proposed method of street edge definition. The approved street edge defining method shall be a part of the approved development plan and shall be binding as such.

(Ord., Art. XI, § 1113, passed - -)

   (A)   Purpose. The town has a desire to promote pedestrian activity within its territorial limits. This has been exemplified through the town's efforts in creating a pedestrian plan which aims to increase what can be called the walkability of the area. Promoting pedestrian activity can help stimulate economic activity, encourage a healthier citizenry, reduce vehicular congestion along roadways, and help towards decreasing the town's carbon footprint.

   (B)   General provisions. As such, certain new developments shall aid in the promotion of pedestrian activity by providing pedestrian circulation systems. The following provisions shall apply to any pedestrian facilities required by division (C)(1) through (4) below.

      (1)   Standard. All newly constructed pedestrian circulation systems shall be compliant with the "Americans with Disabilities Act" (ADA) and all applicable State Department of Transportation standards. External pedestrian circulation facilities shall be constructed to line up as closely as possible to any existing neighboring facilities. The width of any external pedestrian circulation facilities shall match that of any existing neighboring facilities as well; however, in no case may a new pedestrian circulation facility be less than four feet wide.

      (2)   Approval. The town's Zoning Administrator, Council or Board responsible for the final approval of the proposed development project shall be responsible for approving, disapproving or approving with modifications the proposed pedestrian circulation plan.

      (3)   Plan submittal. All development proposals that are regulated by this section shall be required to submit a pedestrian circulation plan. The plan required by this section shall be in combination with the first application submittal required by the town for approval for the applicable development proposal. The plan shall show the extent of the project's proposed internal pedestrian circulation system and external pedestrian circulation system.

      (4)   Fee in lieu of. At the discretion of the authorizing administrator, council, or board, a fee may be paid by the party that is financially responsible for a proposed development project instead of installing external pedestrian circulation systems. The fee shall be determined by first determining the length of required pedestrian systems. Then the volume of concrete that would normally be required to complete the required pedestrian facility shall be computed based on the previously determined length. The current average price of concrete per cubic yard shall be used to determine the cost of the total amount of concrete for the normally required pedestrian facility. That figure shall be increased by 80%. If the town prompted the payment of a fee in lieu of constructing the required external pedestrian circulation system, then the previously calculated figure shall be the amount of the fee in lieu of. If the payment of the fee in lieu of pedestrian circulation construction is at the sole request of the project applicant, then the previously calculated fee amount shall be doubled. The town shall put the paid fee into an account set aside for pedestrian facility development and shall only use the moneys for the construction of new pedestrian facilities or the upgrading of existing pedestrian facilities.

   (C)   Specific provisions.

      (1)   New subdivisions.

         (a)   Applicability. This division (C)(1) shall apply to any new minor subdivision, major subdivision, cluster subdivision, planned unit development, and special subdivision that incorporates condominiums and/or townhouses as defined in § 153.27(C) through (F).

         (b)   Internal circulation. All development projects to which this division (C)(1) applies shall provide pedestrian facilities that will be accessible to areas of relatively high densities of dwelling units, any commercial components of the development, and any designated open spaces. There shall be no prescribed method of providing adequate pedestrian circulation; however, the two most common methods are the provision of a standard sidewalk system or the provision of off-street pedestrian trails.

         (c)   External circulation. All development projects to which this division (C)(1) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town.

      (2)   New commercial structures.

         (a)   Applicability. This division (C)(2) shall apply to any newly constructed commercial structure.

         (b)   Internal circulation. If a commercial structure is proposed to be located 35 or more feet from the proposed external pedestrian circulation system (or if a fee in lieu of is paid, the distance shall be measured to the edge of the street right-of-way), then internal pedestrian facilities shall be provided. These facilities shall safely and conveniently guide pedestrians through any parking lot and/or front yard areas to the main entrances of any commercial spaces.

         (c)   External circulation. All development projects to which this division (C)(2) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town.

      (3)   Remodeled commercial structures.

         (a)   Applicability. This division (C)(3) shall apply to any existing commercial structure and/or property that is remodeled, altered, repaired or added to such that the cost of the work is equal to or greater than 50% of the assessed tax value of the property prior to the work being performed.

         (b)   Internal circulation. If a commercial structure is located 35 or more feet from any existing external pedestrian circulation system (or if no external pedestrian circulation system exists and a fee in lieu of is paid, the distance shall be measured to the edge of the street right-of-way), then internal pedestrian facilities shall be provided. These facilities shall safely and conveniently guide pedestrians through any parking lot and/or front yard areas from the adjacent street right-of-way to the main entrances of any commercial spaces.

         (c)   External circulation. All development projects to which this division (C)(3) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town. Given the fact that the structures and properties to which this division (C)(3) applies are existing; it is recognized that there may arise unusual hardships in implementing the exact standards contained herein. If an existing pedestrian facility is located on the opposite side of the access granting public street right-of-way as the subject commercial structure and the subject property's topography or some other characteristic of the property renders the construction of a new external pedestrian facility so infeasible as to pose a hardship upon the applicant, then the applicant may have an additional option to that provided in division (C)(4) below. In this scenario the applicant may provide a safe and adequate street crossing from the existing sidewalk opposite the street right-of-way to a point within 100 feet of the subject commercial structure. The Town Public Works Director shall have the authority to utilize discretion in approving the application of this part and in approving proposed street crossings. In approving the proposals, the Public Works Director shall take into account the Town Manager and Planner's comments.

      (4)   Streets and utilities.

         (a)   Applicability. This division (C)(4) shall apply to street and/or utility repair work that: destroys existing pedestrian circulation facilities; widens the existing right-of-way width by 15% or more; or creates a new street.

         (b)   Destruction of existing pedestrian circulation facilities. In the event that the destruction of an existing pedestrian circulation facility occurs as a result of work performed for the maintenance, repair or construction of a portion of a street or utility infrastructure, the group or person responsible for the work shall be responsible for restoring the pedestrian circulation facility. If the existing facility was not ADA compliant before the maintenance, repair or construction, then the restoration shall render the facility ADA compliant.

         (c)   New and expanded rights-of-way. Pedestrian circulation facilities required by division (C)(4)(a) above shall be considered external pedestrian circulation facilities. These facilities shall be required along all portions of the street that are new or whose right-of-way has been expanded by 15% or more.

      (5)   Accessibility during construction. During the construction and/or development of any proposed project, all existing external pedestrian facilities shall remain accessible to pedestrians. In no case shall a portion of an existing external pedestrian facility be blocked, destroyed, damaged or otherwise made to be in a state of disrepair so as to render the pedestrian facility inadequate for the safe mobility of persons with restricted movement capabilities.

         (a)   Applicability. This division (C)(5) shall apply to all developments to which divisions (C)(1), (2), (3) and (4) above apply.

         (b)   General regulations. Portions of an external pedestrian facility may be blocked or in some other way rendered inadequate for the safe mobility of persons with restricted movement capabilities for a period of time not to exceed 24 hours, if the interruption to the pedestrian facility is associated with development and work is being performed to the area containing the pedestrian facility the entirety of the interruption. One non-exhaustive example of such a circumstance is the cutting away of the pedestrian facility, installing the forms for an access drive to a property, pouring the cement into the forms, installing the asphalt in the driveway, and letting the wet cement set and the asphalt dry all in one day of work. If the similar work is being performed, but will take longer than 24 hours before the pedestrian facility is rendered adequate again, then a pedestrian detour shall be provided that adequately provides for the safe mobility of persons with restricted movement capabilities or some other approved alternate ramp or path shall be provided that safely bypasses the pedestrian facility interruption.

(Ord., Art. XI, § 1114, passed - -)

   (A)   Off-street automobile storage or parking space shall be provided on every lot on which any of the following uses are hereafter established in all districts except the Central Business District.

   (B)   The number of parking spaces provided shall be at least as great as the number specified below for various uses. When application of the provision results in a fractional space requirement, the next larger requirement shall prevail.

   (C)   Each lot abutting a major thoroughfare, as determined by the Zoning Administrator, shall be provided with vehicular access thereto and shall be provided with adequate space for turning so that no vehicle shall be required to back into the street.

   (D)   A parking space shall consist of an area not less than ten feet by 20 feet, plus the necessary access space unless otherwise authorized by the Board of Adjustment.

      (1)   Minimum parking requirements. The required number of off-street parking spaces specified below for each use shall be provided.

 

      (2)   Location on other property. If the required automobile parking spaces cannot reasonably be provided on the same lot on which the principal use is conducted, the spaces may be provided on other off-street property, provided the property is zoned accordingly and lies within 400 feet of an entrance to the principal use. The automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(Ord., Art. XI, § 1115, passed - -; Am. Ord. passed 11-21-2013)

   (A)   Every lot on which a business, trade or industry use is hereafter established, shall provide space as indicated herein for the loading and unloading of vehicles off the street.

   (B)   The space shall have access to a street or alley. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.

      (1)   Retail business: One space for each 5,000 square feet of gross floor area.

      (2)   Wholesale and industrial: One space for each 10,000 square feet of gross floor area.

      (3)   Truck terminals: Sufficient space to accommodate the maximum number of trucks to be stored or to be loading or unloading at their terminal at any one time.

(Ord., Art. XI, § 1116, passed - -)

   (A)   Purpose of sign regulations.

      (1)   It shall be the purpose of this subchapter to promote the safety, health, peace, dignity and general welfare of the people and the town in a manner consistent with the nature beauty of the area through the regulation of the posting, displaying, erection, use, maintenance of signs.

      (2)   Further, it is recognized that the standards and regulations for signs will address the following purposes:

         (a)   Provide an improved environmental setting and community appearance, which is vital for the economic well being of the town;

         (b)   Create a more productive and professional business environment;

         (c)   Provide signs, which are in scale and appropriate to the planned character and development in each zoning district;

         (d)   Promote traffic safety and prevent hazard or nuisance conditions for vehicle or pedestrian traffic;

         (e)   Prevent the visual clutter of signage, which districts from business and conflicts with legitimate informational signage and signage which is essential for public health and safety;

         (f)   Protect and enhance the value of properties within the town; and

         (g)   Promote the public safety and general welfare of the town.

   (B)   General requirements.

      (1)   No sign of any type or any part thereof shall be erected, painted, repainted, posted, reposted, placed, replaces or hung in any zoning district except in compliance with these regulations.

      (2)   No sign shall be placed on any lot without the permission of either the owner or occupant of the premises on the lot. Signs placed in violation of this rule may be removed by the owner, the occupant or the Town of Columbus. See also G.S. § 14-145, making unlawful posting of advertisements on the property of another without first obtaining the written consent of such owner thereof.

      (3)   Each application for a sign permit shall be made in writing and shall contain or have attached thereto the following information:

         (a)   A drawing approximately to scale showing the design of the sign, including dimensions, methods of attachment or support, source of illumination and showing the relationship to any building or structure to which it is or is proposed to be installed or affixed; and

         (b)   A plot plan approximately to scale indicating the location of the sign relative to property lines, easements, streets, sidewalks and other signs.

      (4)   Sign permit applications shall be submitted to and approved by the Zoning Administrator prior to a permit being issued. A record of the application, plans and the actions taken thereon shall be kept in the office of the town. The Town Council may establish a fee schedule for all sign permits issued in accordance with this chapter.

      (6)   Wall signs shall not project higher than the eave or parapet of the building where mounted.

      (1)   Signs unlighted and bearing only property numbers, post box numbers, and the name of the owner or occupant of the premises. These signs shall not exceed two square feet in area per dwelling. If more than one sign or nameplate is required, the total allowable sign area shall not exceed eight square feet;

      (2)   Flags and insignia of any government except when displayed in connection with commercial promotion;

      (3)   Holiday decorations in season;

      (4)   Legal notices and warnings, regulatory, informational or directional signs erected by any public agency or utility;

      (5)   Integral decorative or architectural features of buildings, including signs, which denote only the building name, date of erection or street numbers; and

      (6)   The following signs, including portable or mobile signs on wheels, but such signs shall not be closer than five feet from the edge of any street pavement or any other property line:

         (a)   On a property which is offered for lease, rent or sale during the period which property is so offered:

            1.   One unilluminated sign per street frontage. The maximum size of the signs shall be as follows:

               a.   In all residential districts, 12 square feet; and

               b.   In all other districts, the signs shall be limited to one square foot of area for each five lineal feet of advertised property which abuts a public street, provided, however, no such sign shall exceed 128 square feet in area.

            2.   One additional unilluminated sign per street frontage only on those days the property is available for inspection (i.e., days when an open house is being conducted on the premises). No such sign shall exceed six square feet in area.

         (b)   One unilluminated sign may be erected on a site during the period of construction or reconstruction of a building or other similar project. The sign shall be removed no more than two days after the construction work has been completed. The maximum size of the sign shall be follows:

            1.   In residential districts, 32 square feet.

            2.   In all other districts, 64 square feet or one square foot of sign area for each five lineal feet of property abutting a public street, whichever is greater. In no instance, however, shall any such sign exceed 128 square feet in area.

         (c)   Banners, pennants, ribbons, balloons, posters, streamers may be displayed for a period of not more than 30 days in any one calendar year on the occasion of the opening of a new business.

         (d)   Signs painted or displayed on the interior or exterior of commercial building windows, provided, however, the signs shall not exceed 25% of the total window area.

         (e)   Signs by individual for profit businesses may be placed on their premises in the Central Business District and the Highway Commercial District for an aggregate period not to exceed 30 days in a calendar year. There shall not be more than one such sign at any time and such sign shall not exceed six square feet in area.

         (f)   One unilluminated sign may be displayed on a property where a local public event, non-commercial in its primary purpose, is to take place, and a maximum of three other unilluminated signs may be placed by the person conducting such event at other locations within the town (with permission of the property owner or occupant), on the following conditions:

            1.   Signs shall be placed out not more than two weeks in advance of the local public event and must be removed not more than two days after the completion of the event.

            2.   The maximum size of the signs shall be 30 square feet in area on the property where the event will occur and six square feet in area for signs on other properties.

         (g)   Unilluminated signs may be posted during the period beginning on the 30th day before the beginning date of "one-stop" early voting under G.S. § 163-166.40 and ending on the 10th day after the primary or election day.

         (h)   One unilluminated sign may be displayed on a property where a yard sale, garage sale or estate sale signs is being conducted, and a maximum of three other unilluminated signs may be placed by the person conducting such sale at other locations within the town (with permission of the property owner or occupant), on the following conditions:

            1.   Signs shall be placed out no earlier than 24 hours before the sale, and shall be removed no later 12:00 p.m. the day after the sale.

            2.   Each sign shall not exceed three square feet in area.

            3.   Signs placed pursuant to this division (C)(6)(h) shall display the owner's address.

            4.   Failure to follow the above guidelines or to remove the signs within the proper time frame shall result in a fine as set forth in the town fee schedule.

   (E)   Signs allowed by permit. In addition to the signs allowed under divisions (C) and (D), above, the following signs shall be allowed, upon approval of a sign permit, in the following districts:

         (a)   Signs for subdivisions and planned unit developments not exceeding 32 square feet in area. One sign may be erected at each entrance to the subdivision, but shall be located on private property and shall not exceed six feet in height above the ground level, and illumination shall be restricted to indirect white lighting.

         (b)   Signs for mobile home parks and campgrounds not exceeding 16 square feet in area. One sign may be erected at each main entrance to the mobile home park or campground but shall be located on private property no closer than ten feet to any property line. Illumination shall be limited to indirect white lighting.

         (c)   One sign for multi-family residential developments may be erected at each major entrance to the property. These signs shall not exceed 32 square feet in area and may be flat mounted against the wall of the building or freestanding. If freestanding, the signs shall be set back at a minimum of ten feet from any property line and shall not exceed six feet in height above ground level. Illumination shall be limited to indirect white lighting.

         (d)   One sign for non-residential uses may be erected on the premises, provided that the signs do not exceed 32 square feet in area and may be flat mounted against the wall of a building or freestanding. If freestanding, the signs shall be set back at a minimum of ten feet from any property line and shall not exceed six feet in height above ground level. Illumination shall be limited to indirect white lighting.

         (e)   One sign for each home occupation is permitted, but shall not be closer than ten feet to any property line or street right-of-way, shall not be higher than four feet above ground level and shall not exceed four square feet in area.

         (f)   For properties used for residential purposes, one unilluminated sign per lot. The sign may be flat mounted against the wall of a building or freestanding. If freestanding, the sign shall be set back at a minimum of ten feet from any property line and shall not exceed three feet in height above ground level. The sign shall not exceed four square feet.

         (a)    One freestanding sign is permitted for each zoned parcel. Any such freestanding sign shall not exceed 30 feet in height or 100 square feet in sign area. Businesses fronting on more than one public street shall be permitted one freestanding sign for each road frontage;

         (b)   One additional freestanding sign is permitted for businesses with drive-through windows provided that the sign is facing the drive-through lane and does not exceed six feet in height or 40 square feet in sign area;

         (c)   Wall signs shall be permitted for each separate business establishment provided the total allowable sign area for all signs shall not exceed two square feet for each foot of building wall facing a public street. The location and number of wall signs is at the option of the owner or tenant, however, where more than four signs are located on any zoning lot, the fifth sign, respectively, shall reduce the total allowable sign area by 20%;

         (d)   The total allowable sign area for all signs, including all wall and freestanding signs, shall not exceed two square feet for each lineal foot of building wall facing a public street. Sizes of each sign are at the option of the owner or tenant, but in no case shall a freestanding sign be more than 100 square feet in sign area;

         (e)   One sign per business establishment may be suspended from or attached to the underside of a canopy or marquee, provided the sign does not exceed four square feet in area and maintains a clear distance of at least seven and one-half feet between the sidewalk and the bottom of the sign;

         (f)   No sign shall be less than 5 feet from the edge of any street pavement or 15 feet from any other property line.

         (a)   One freestanding sign is permitted for each premise. The area of the sign shall not exceed the total allowable sign area, but in no case exceed 80 square feet in area, and shall not project more than 25 feet above the ground. Businesses fronting on more than one public street shall be permitted one freestanding sign for each frontage; provided however, the combined area of all signs shall not exceed the allowable sign area and, in no case, 80 square feet;

         (b)   Wall signs shall be permitted for each business. The location and number of wall signs is at the option of the owner or tenant, however, where more than four signs are located on any lot, the fifth sign and each succeeding sign, respectively, shall reduce the total allowable sign area by 20%;

         (c)   The total allowable sign area shall not be more than one square foot per lineal foot of building wall facing a public street, not to exceed 100 square feet;

         (d)   One sign per business establishment may be suspended from or attached to the underside of a canopy or marquee, provided the sign does not exceed four square feet in area and maintains a clear distance of at least seven and one-half feet between the sidewalk and the bottom of the sign; and

         (e)   No sign shall be less than ten feet from a street right-of-way or 20 feet from any other property line.

         (a)   Signs presented on a Master Signage Plan and/or a Common Signage Plan must be uniform in design and features. The same type of materials must be used for all wall signage on any single or multi-unit structure. All types and colors of signs, as long as they produce a unifying theme and meet all area and height requirements, will be considered by the Zoning Administrator except those expressly prohibited by this chapter.

         (b)   Information required for a Master Signage Plan shall include specifications for each sign in sufficient detail to determine that the height and area requirements of the Sign Ordinance have been met. A site plan showing the layout of each sign is also required. An elevation of the freestanding sign shall be provided which shows provisions for shared usage and design type.

         (c)   A Master or Common Signage Plan shall be a part of any development plan, site plan, unified development plan, or other plan required for development and may be processed simultaneously with the plans(s). A Master or Common Signage Plan shall be approved prior to the issuance of any sign permit(s).

         (d)   A Master or Common Signage Plan may be amended by filing a new plan which complies with all requirements of this chapter. The Zoning Administrator may approve minor changes to a Master or Common Signage Plan provided the changes comply with all requirements of this chapter.

         (e)   After approval of a Master or common Signage Plan, no sign shall be erected, affixed, placed, painted, or otherwise established except in conformance with the plan and the plan may be enforced in the same way as any other provision of this chapter.

      (1)   Banners, pennants, balloons, posters, ribbons, streamers, spinners or other similar devices, except as permitted in division (C)(6), above;

      (2)   No sign or device shall be permitted which contains animation or is illuminated by any flashing, alternating, intermittent, or moving light or lights;

      (3)   No signs shall be permitted to be erected or maintained upon trees or painted or drawn upon rocks or utility poles;

      (4)   Billboards;

      (5)   Roof signs;

      (6)   Projecting signs and freestanding signs located within a public right-of-way except when erected by the town, county, state or federal government, provided, however, that political signs may be located pursuant to the provisions of G.S. § 136-32; and

      (7)   No sign may be permitted which appears to direct the movement of traffic or resembles any official sign, signal or device.

      (1)   All signs illuminated under the provisions of this section shall be constructed to meet the requirements of the National Electric Code;

      (2)   Internally illuminated signs shall be limited to those with glass or plastic panels bearing the advertisement; provided, however, that exposed neon tubing shall be permitted;

      (3)   Indirect external flood and display lighting shall be shielded so as to prevent direct rays or light from being cast into a residential area or district and/or vehicles approaching on a public right-of-way from any direction. The lighting shall also be shielded so as to prevent direct view of the light source from a residence or residential district and/or vehicles approaching on a public right-of-way from any direction; and

      (4)   Flame as a source of light is prohibited.

      (1)   All signs of any nature shall be maintained in a state of good repair. No sign shall be allowed to remain which becomes structurally unsafe, hazardous or endangers the safety of the public or property.

      (2)   Upon determination by the County Building Inspector or by the Zoning Administrator in conjunction with the Town's Engineer or Public Works Director that a sign is structurally unsafe, hazardous or endangers the safety of the public or property, the Zoning Administrator shall order the same to be made safe or removed subject to the following provisions:

         (a)   The owner of the sign, the occupant of the premises on which the sign or structure is located, or the person or firm maintaining the same shall, upon written notice by registered or certified mail from the Zoning Administrator, forthwith in the case of immediate danger and in any case within ten days, secure or repair the sign or structure; and

         (b)   No sign shall be erected or maintained in such a manner that any portion of its surface or its supports will interfere in any way with the free use of access to any fire escape, exit or standpoint, or so as to obstruct any window so that light or ventilation is reduced below minimum standards required by any applicable law or building code.

         (a)   In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator may issue a citation setting forth a civil penalty of $50. In the case of a continuing violation, each 24-hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person(s) described in division (I)(l) by the means set forth therein. In the even the offender does not pay the penalty within ten days of service of the citation, the civil penalty shall be collected by the town in a civil action in the nature of debt, which shall not constitute a misdemeanor, and in so providing, the Town Council hereby chooses to exercise the option provided by G.S. § 160A-175(b).

         (b)   In addition to or in lieu of the other remedies set forth in the section, the Zoning Administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time required by the foregoing provisions. Remove orders shall be issued to and served upon the person(s) described in division (I)(l) above by the means set forth therein. The sign owner or the landowner shall be allowed a period of 30 days after the service of the remove order within which to remove the sign at his or her own expense. The remove order shall describe specifically the location of the sign to be removed and all of the reasons for issuance of the remove order, including specific reference to the provisions of the ordinance which have been violated.

         (c)   In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator may seek injunctive relief in the appropriate court.

(Ord., Art. XI, § 1117, passed - -; Am. Ord. 2010-02, passed 3-25-2010; Am. Ord. passed 12-15-2011; Am. Ord. passed 9-18-2014; Am. Ord. 2016-03, passed 2-18-2016)

   All vending machines are hereafter prohibited from town sidewalks on the following streets in the Central Business District: Mills Street, Ward Street, Gibson Street and Courthouse Street.

(Ord., Art. XI, § 1118, passed - -)

   (A)   No benches, dining or café tables, umbrellas and chairs shall be permitted on town sidewalks within the Central Business District, without first obtaining a permit therefore from the Town Zoning Administrator.

   (B)   In the event the Zoning Administrator denies the permit, an administrative review is provided in accordance with the same procedures set forth in § 154.045(B) above.

   (C)   The following criteria shall be utilized by the Zoning Administrator:

      (1)   Whether the benches, dining or café tables, umbrellas and chairs would block pedestrian traffic;

      (2)   Whether the benches, dining or café tables, umbrellas and chairs would block the view of any adjoining business or property owner on the same side of the street and their advertising and signs from both pedestrian and vehicular traffic; and

      (3)   Whether the benches, dining or café tables, umbrellas and chairs would block access to any adjoining business or property owner on the same side of the street.

   (D)   A sketch showing the color scheme, the number of chairs and tables or benches, and dimensional requirements both of the chairs, tables, umbrellas and benches and it s location on the dimension measure for the sidewalk must also be presented to the Zoning Administrator. A mere inquiry in the procedures made to the Zoning Administrator or any town employee shall not be construed as making a formal request for the issuance of a permit.

   (E)   (1)   Any permit granted by the Zoning Administrator, or by the Board of Adjustment or by the Superior Court may subsequently be revoked if any of these criteria should subsequently change.

      (2)   The owner may apply for any additional chairs, tables, umbrellas and/or benches and must reapply for an additional permit pursuant to these same procedures.

(Ord., Art. XI, § 1119, passed - -)

   No family care home may be located within one-half mile of any other family care home.

(Ord. passed 12-20-2012)

   There shall be a maximum of six electronic gaming terminals in any location where gaming terminals are allowed as permitted by the town in § 154.065 above.

(Ord. passed 11-21-2013)