5 Use Regulations
Z “P” in the use table indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable requirements of this Ordinance, including restrictions and prohibitions within an approved development plan
of record for the property under consideration. They are not subject to the limited use standards found in Sec. 5.3, Limited Use
Standards.
An “L” indicates that a use shall be permitted by right; provided, that the use meets the additional requirements imposed by the referenced section in the “Notes” column of the table. These could include appropriate limited use standards set forth in Sec. 5.3, Limited Use
Standards, and, for residential uses, the intensity standards imposed in Article 6, District Intensity Standards; the design standards imposed in Article 7, Design Standards; and/or Article 16, Design Districts. Such uses are subject to all other applicable requirements of this Ordinance, including restrictions and prohibitions within an approved development plan
of record for the property under consideration.
An “M” (Major) or “m” (minor) indicates that a use is only allowed where approved as a special exception by the appropriate approving authority in accordance with the procedures set forth in Sec. 3.9, Special Use Permit.
a. Special uses are subject to all other applicable requirements in this Ordinance, including the additional listed use standards in Sec. 5.3, Limited Use
Standards, except where expressly modified by the approving authority as part of the special use approval.
b. A special use permit shall not be required if an approved development plan
exists for the site and the specifications on the development plan
comply with paragraph 3.5.6D.10, Uses and Minor/Major Special Use
Permits; or the development plan
also serves as a site plan
or preliminary plat
pursuant to paragraph 3.5.6F, Development Plan
as Site Plan
/Preliminary Plat
. This allowance shall not apply to text-only development
plans.
A stacked addition symbol (“‡”) indicates that a use is allowed through approval of a development plan
submitted in accordance with Sec. 3.5, Zoning Map Change, or if not in conflict with an existing development plan
for the property under consideration. For planned districts without a development plan
(a zoning designation resulting from translational zoning from previous zoning ordinances), the stacked addition symbol (“‡”) shall be considered Permitted (P).
A blank cell in the use table indicates that a use is not allowed in the respective district.
Characteristics, principal uses and accessory uses of the various use categories are found in Sec. 5.2, Use
Categories.
The “Notes” column on the use table is a cross-reference to the applicable limited use standards in Sec. 5.3, Limited Use
Standards, and, for residential uses, the intensity standards in Article 6, District Intensity Standards and the design standards imposed in Article 7, Design Standards.
RESIDENTIAL | NONRESIDENTIAL | PLANNED | DESIGN | NOTES: | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| USE CATEGORY | SPECIFIC USE | RR | RS | RS-M | RU | RU-M | RC | CI | CN | OI | CG | SRP | SRP-C3 | IL | I | PDR | UC | CC | IP | MU | DD | CD | CSD | |
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Agriculture | All agriculture, except as listed below | L | L |
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P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
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Commercial crop | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ||
L | L | L | L | L | L | L | L | L | L | L |
| L | L | L | L | L | L | L |
| L | L | |||
Agriculture (County Only) | Bona fide farms | Bona fide farms |
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RESIDENTIAL USES |
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Household Living | L | L | L | L | L | L |
| L | ‡ |
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| ‡ | L | L | L | 6.2.1, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.7, 7.1.2, 7.1.3, 7.1.4, 7.1.5, Art. 16 | |||||||
L | L | L | L | L | L |
| L |
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| ‡ | L | L | L | 6.2.2, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.5, 6.11.7, Art. 16, 7.1.7 | ||
L | L | L | L | L | L | L | L | L | L |
| L |
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| ‡ | L | L | L | 6.2.2, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.5, 6.11.7, 7.1.8, 7.1.9, Art. 16 | ||
L | L | L | L | L | L | L | L | L | L |
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| L | L | 5.3.2C, 6.2.1, 6.3.2, 6.4.2, 6.5.2, 6.9.1, 6.10.2, 6.11.3, 6.11.7, 7.1.2 | ||
Manufactured home | L |
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Upper story |
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Group Living | All group living, except as listed below |
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m | m | m | m | m | m | P | P/L/m | P/L/m | P/L/m |
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Commercial dorm |
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| L/m | L/m | L/m | L/m |
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| L/m | L/m | L/m | L/m | L/m | L | L | L | L |
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PUBLIC AND CIVIC USES |
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Community Service
| All community service, except as listed below | P | P | P | P | P | P | P | P | P | P |
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Auditoriums |
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Clubs and lodges | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L | L | L | L |
| ‡ L/m |
| ‡ L | ‡ L | ‡ L | L | L | L | ||
L/m | L/m | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L |
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Shelter | P | L/m | L/m | L/m | L/m | L/m | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Care Center | All Care Centers, except as listed below | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L | L | L | L |
| ‡ L/m | L | ‡ L |
| ‡ L | L | L | L | |
Drop-in or short-term care |
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Educational Facilities | School, primary or secondary |
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| ‡ L/m | ‡ | ‡ | ‡ | ‡ | P | P | P | |
| M | M | M | M | M | P |
| P | P | P | P | P |
| ‡ M | ‡ | ‡ | ‡ | ‡ | P | P | P |
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Vocational, trade or business schools |
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Government Facilities | All government facilities, except as listed below | L/m | L/m | L/m | L/m | L/m | L/m | P | P | P | P | L | P | P | P | ‡ L/m |
| ‡ | ‡ | ‡ | P | P | P | |
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Medical Facilities | All medical facilities, except as listed below |
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Parks and Open Areas | All parks and open areas, except as listed below | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | L | L | L | |
Cemeteries | L | L | L | L | L |
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Passenger Terminals | All passenger terminals, except as listed below | M |
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Rail and Bus terminals |
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L/m | L/m | L/m | L/m | L/m | L/m | P | P | P | P |
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| ‡ L/m | ‡ | ‡ | ‡ | ‡ | P | P | P | |||
Social Service Institutions | All social service institutions |
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Utilities | Major utilities | L/m | L/m | L/m | L/m | L/m | L/m |
| L/m | L | L | L | L | L | L | ‡ L/m |
| ‡ L | ‡ L |
| m | M | M | |
Minor utilities | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | P | P | P |
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TV/HDTV/AM/FM Broadcast Antennae | L/m |
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Wireless Communication | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | L | L | L | ||
Unipole | L/M 1 /m | L/M 1 /m |
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| L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 |
| ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | L/M 1 | L/M 1 | L/M 1 | ||
| L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | ‡ L/M 1 /m 2 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | L/M 1 | L/M 1 | L/M 1 | |||
Wireless Communication Facility, Freestanding | L/M 1 /m | L/M 1 /m |
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| L/M 1 /m | L/M 1 /m | L/M 1 /m | L/M 1 /m | L/M 1 /m |
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COMMERCIAL USES |
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Indoor Recreation | All indoor recreation, except as listed below |
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L/m |
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| ‡L | ‡ | ‡ L | ‡ L | ‡ L | L | L | L | |||
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Firing range |
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Nightclub or bar |
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Shelter | P | L/m | L/m | L/m | L/m | L/m | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Outdoor Recreation | All outdoor recreation, except as listed below | L/m |
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Campground | m |
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Drive-in theatre |
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Firing range | L/M |
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Golf course | L | L | L | L | L |
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Marina | M |
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Paintball | L/m |
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Stadium, arena |
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Overnight Accommodations | Hotel, motel, and extended stay residences |
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L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L |
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Diet house |
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Parking, Commercial | All commercial parking |
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All restaurants |
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Retail Sales and Service | All retail sales and service, except as listed below |
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Antique shop | L |
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Art, music, dance, photographic studio or gallery |
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Convenience store |
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Payday Lenders |
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L |
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Self-Service Storage | All self-service storage |
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Vehicle | Manufactured home sales |
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Vehicle |
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Vehicle | Car wash |
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All offices |
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Research and Development |
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INDUSTRIAL USES |
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Heavy Industrial | All heavy industrial, except as listed below |
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Asphalt plant |
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Concrete manufacturing plant |
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Hazardous and low-level nuclear disposal |
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Wrecking, junk, and salvage yards |
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Light Industrial Service | All light industrial service, except as listed below |
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Resource Extraction | All resource extraction |
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Warehouse and Freight Movement | All warehouse and freight movement |
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Waste-Related Service | All waste-related services, except as listed below |
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Wholesale Trades | All wholesale trade |
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1. If located within 300 feet of a designated North Carolina Scenic Byway. 2. To determine which freestanding concealed or unipole 3. County Only | ||||||||||||||||||||||||
1. The use categories found in the use table in Sec. 5.1, Use Table, are set forth in this section. Specific uses may be further defined in Article 17, Definitions.
a. If a use is not specifically set forth in the use category in this section the Planning Director, or designee, shall determine if the use is similar to a specific use in accordance with this section. Where such similar specific use is subject to limited use standards or special use permit approval, the proposed use shall also be subject to such standards or approval.
b. If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office
, or industrial) to apply the unspecified use.
(1) The same criteria in paragraph 5.2.1C, Use Not Specifically Listed, shall be used except for criteria #14.
(2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”.
Use
categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
Determination of the appropriate use group and similar specific use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time-to-time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate group and category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.
1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
2. The relative amount of site area
or floor space and equipment devoted to the activity;
3. Relative amounts of sales from each activity;
4. The customer type for each activity;
5. The relative number of employees in each activity;
6. Hours of operation;
7. Building
and site arrangement;
8. Types of vehicles
used and their parking requirements;
9. The relative number of vehicle
trips generated;
10. Signs
;
11. How the use is advertised;
12. The anticipated impact on surrounding properties;
13. Whether the activity is likely to be found independent of the other activities on the site; and
14. When considering appropriate districts for a use not listed in the use table, the district intent statements in Article 4, Zoning Districts, shall be taken into consideration.
Developments
with multiple principal uses shall conform to the following:
1. When all principal uses of a development
fall within one Use
Category, the entire development
shall be assigned to that Use
Category;
2. When the principal uses of a development
fall within different Use
Categories, each principal use shall be classified in the applicable Use
Category and each use shall be subject to all applicable regulations for that Use
Category.
1. The “Principal Uses” portion of each use category lists principal uses common to that use category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself.
Commentary: A use that calls itself “Wholesale Warehouse,” but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
2. Facilities proposed in support of a principal use, including, but not limited to, parking, access, and stormwater
facilities, shall be considered part of the principal use and, unless otherwise authorized within this Ordinance, comply with the same zoning permissibility for the principal use per Sec. 5.1, Use Table. Connections to public utilities
shall be excluded from this requirement.
Commentary: Parking for a school, for example, must be located within a zoning district that would allow for the school. If the zoning district had limited use standards and/or required a special use permit, the proposed parking must also comply with those requirements.
Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in these regulations. Some listed accessory uses can also be considered accessory structures. No accessory use shall be established on a site without a principal use.
The “Uses Not Included” portion provides cross-references to uses that may appear to be part of a particular category, but that are explicitly handled in a different use category.
Characteristics: Characterized by uses that create or preserve areas intended primarily for the raising of animals and crops | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal raising including horses, hogs, cows, sheep, goats, and swine, poultry, rabbits, and other small animals, fish hatchery, aquaculture, dairying, personal Greenhouse or nursery not engaged in retail trade, floriculture, horticulture, pasturage, row and field crops Livestock Riding academy or boarding stable | Ancillary indoor storage Animal (including poultry) processing, packing, treating, and storage, provided that these activities are accessory and secondary to normal agricultural activity Associated offices Auction ring Barns, garages, sheds, silos, stables (noncommercial) Sales of agricultural products grown or raised on the premises Docks, noncommercial | Animal waste Commercial feed lots (see Heavy Industrial) Livestock Processing of food and related products (see Heavy Industrial) Solid or liquid waste Housing for ranch or farm Resource Extraction Limited Agriculture (City Only) |
| Characteristics: Residential occupancy of a dwelling unit | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Manufactured Home, Class A or B, manufactured home park Multiplex, apartment Single-family Upper-story residential | Accessory dwelling unit Accessory structure Ancillary indoor storage Children’s play area or equipment Greenhouse or nursery not engaged in retail trade In-house care for six or fewer persons Private community center Private garage, barbecue pit, carport, tool or garden shed, storage unit, swimming pool Docks, noncommercial Limited Agriculture (City Only) | Bed and breakfast Group Home Independent Living Facility Congregate Living Facility Nursing or convalescent house (see Group Living) Residential assisted living facility not having individual dwelling units |
Characteristics: Residential occupancy of a structure | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Orphanage Commercial dorm, fraternity or sorority Hospice, nursing, or convalescent house Monastery, convent Retirement center or life care community without individual dwelling units
| Ancillary indoor storage Associated offices Food preparation and dining facility Recreational facility Staff residence | Alternative or post-incarceration facility (see Social Service Institutions) Age-restricted dwelling units Bed and breakfast Family care home Membership club or lodge Treatment center, transient lodging or shelter |
Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education, training, support, or counseling to the general public on a regular basis, with a limited residential component. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Auditorium Club or lodge Library Neighborhood arts center or similar community facility (public) Senior center Social service facility, food pantry or meal center, shelter Union hall | Ancillary indoor storage Associated office Food preparation and dining facility Arts and crafts, day care, therapy area Indoor or outdoor recreation and athletic facility Limited retail sales (internal) Meeting area | Athletic, tennis, swim or health club (see Retail Sales and Service) Church, mosque, synagogue, temple (see Places of Worship Counseling in an office Membership clubs and lodges (see Indoor Recreation) Park (see Parks and Open Areas) Private community center (see Household Living: Accessory Use Treatment center, transient lodging or shelter |
Characteristics: Uses providing care, protection, and supervision for children or adults on a regular basis licensed by the North Carolina Department of Health and Human Services, as applicable. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Adult Care Center Child Care Center, Pre-school | Associated office Food preparation and dining facility Health, arts and crafts, and therapy area Indoor or outdoor recreation facility | Counseling in an office Child Care Center in Residence On-site school or facility operated in connection with a business or other principal use where children are cared for while parents or guardians are occupied on the premises (see appropriate category under Accessory Use |
Characteristics: Public and private (including charter or religious) schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Business, truck driving, vocational, trade and other commercial schools College, community college or university Nursing or medical school not accessory to a hospital Public, private and charter schools Seminary
| Adult continuing education program Ancillary indoor storage Associated office Auditorium, theater Cafeteria or other food service Day care Dormitory Health facility Housing for students or faculty Laboratory Maintenance facility Meeting area Play area, recreational or sports facility Support commercial, internal (college-operated bookstore, for example) | Care Center as a primary use Dance, art, music or photographic studio or classroom (see Retail Sales and Service) Driving (see Retail Sales and Service) Martial Arts (see Retail Sales and Service)
|
Characteristics: Offices | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
City, county, state, or federal government office Correctional facilities Emergency services, fire, sheriff or medical station | Ancillary indoor storage Associated offices Auditorium, meeting room Cafeteria Day care Holding cell, infirmary Limited fueling facility | Educational facility (see Educational Facilities) Maintenance facility (see Light Industrial Service) Parks (see Parks and Open Areas) Solid or liquid waste Utilities (see Utilities) |
Characteristics: Uses providing medical, mental health, or surgical care to patients. Some uses may offer overnight care. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Acupuncture, chiropractor, massage therapy office Blood plasma donation center Medical center Medical clinic Medical laboratory Medical office Rehabilitation clinic Urgent care or emergency medical office | Ancillary indoor storage Associated office Cafeteria Care Center Chapel, ancillary worship space Housing for staff or trainees Limited internal support retail Maintenance facility Meeting area Out-patient clinic Pharmacy Recreational facility | Adult establishment Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service Institutions) Nursing or medical school not accessory to a hospital
|
Characteristics: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Botanical garden, nature preserve, recreational trail Cemetery Game preserve, wildlife management area, refuge, wild animal sanctuary, water conservation area Park Reservoir, control structure Zoo | Campground Concessions Dock, pier or wharf (noncommercial) Indoor or outdoor recreation facility (public) Maintenance facility Play equipment Research or similar lab facilities Single residential unit for caretaker or security purposes Swimming pool, tennis court, ballfield (public park | Campground Crematorium (see Light Industrial Service) Firing ranges Golf course Golf driving range, miniature golf facility (see Indoor Recreation) Membership club, lodge (see Indoor Recreation) Park maintained by residents (see Community Service) Water park (see Outdoor Recreation) Water tower, tank, standpipe (see Utilities) |
Characteristics: Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bus terminal Rail passenger terminal | Ancillary indoor storage Associated office Concession Freight handling area Fueling facility Limited internal retail Maintenance facility | Park-and-ride facility (see Parking, Commercial) Taxi dispatch center (see Retail Sales and Service) |
Characteristics: Places of assembly that provide meeting areas for religious practice. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Church, mosque, synagogue, or temple | Ancillary indoor storage Associated office Columbaria, memorial garden Day care Food services, dining area, food pantry or meal center Meeting room/classroom for meetings or classes not held on a daily basis | Athletic, tennis, swim or health club (see Retail Sales and Service) Educational facility (see Educational Facilities) Neighborhood arts center or similar community facility, public (see Community Service) Private community center (see Household Living: Accessory Use Revival or gospel tent (see Sec. 5.5, Temporary Uses) Senior center (see Community Service) Social service facility (see Social Service Institution) Treatment center, transient lodging, shelter |
Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to those programs. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Alternative or post-incarceration facility, exclusive care and treatment for psychiatric, alcohol, or drug problems where patients are residents and more than 12 patients are housed | Adult educational facility Ancillary indoor storage Associated office Day care Food services and dining area Meeting room Staff residences located on-site | Cemetery Congregate care facility with individual units that meet the definition of a dwelling unit Educational facility (see Educational Facilities) Family care home Group home Philanthropic institution Residential assisted living facility without individual dwelling units |
Characteristics: Public or private infrastructure serving a limited area with no on-site personnel (Minor Utility) or the general community and possibly having on-site personnel (Major Utility). | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
MAJOR UTILITIES: Waste MINOR UTILITIES: AM/FM/TV/HDTV broadcast facility Electrical substation Gas meter and regulator stations Telephone exchange, water or wastewater pump station Wireless Communication | Control, monitoring, data or transmission equipment Associated storage | Maintenance yard TV and radio studio (see Office Reservoir or water supply (see Parks and Open Areas) |
Characteristics: Generally commercial uses, varying in size, providing daily or regularly scheduled entertainment-oriented activities in an indoor setting. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bar Bowling alley Conference center Gymnastic facility, indoor sports academy Indoor firing range Membership club and lodge Movie or other theater | Ancillary indoor storage Associated office Concessions, indoor or outdoor Food preparation and dining area Pro shop or sales of goods related to the on-site activities of the specific use | Athletic, tennis, swim or health club (see Retail Sales and Service) Outdoor entertainment (see Outdoor Recreation) |
Characteristics: Commercial uses, varying in size, providing daily or regularly scheduled recreation or entertainment-oriented activities. Such activities may take place outdoors or within a number of structures. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Campground Drive-in theater Firing range Golf course Marina Outdoor entertainment activity such as batting cage, golf driving range, amusement park, miniature golf facility, swimming pool, tennis court or water park Paintball Skateboard or BMX bicycle park Stadium or arena, commercial amphitheater, ballfield | Ancillary indoor storage Associated offices Caretaker or security person Classroom Clubhouse Concessions Day care facility Equipment storage Food preparation or dining area Maintenance facility Pro shop or sales of goods related to the on-site activities of the specific use Rain shelter | Athletic, tennis, swim or health club (see Retail Sales and Service) Botanical garden, nature preserve (see Parks and Open Areas) Indoor recreational facility (see Indoor Recreation) |
Characteristics: Residential units arranged for short term stays of less than 30 days for rent or lease. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Hotel, motel, inn, extended-stay facility, bed and breakfast Diet House Residency or Single Room Occupancy Hotel | Ancillary indoor storage Associated offices Food preparation and dining facility Laundry facility Meeting facility Off-street parking Recyclable material storage (temporary) Swimming pool, other recreational facility | Campground Hunting/fishing camp, dude ranch (see Outdoor Recreation) Patient overnight accommodations (see Medical Facilities) Transient lodging, shelter Recreational vehicle RV park |
Characteristics: Facilities that provide parking not accessory to a specific use for which a fee may or may not be charged. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Short- or long-term stand-alone parking facility | Structure | Bus barn (see Warehouse and Freight Movement) Sale or servicing of vehicles |
Characteristics: Establishments that prepare and sell food for on- or off-premise consumption. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Restaurant Caterer located in a restaurant | Ancillary indoor storage Associated offices Deck, patio for outdoor seating or dining Valet parking facility | Bar |
Characteristics: Companies or individuals involved in the sale, lease or rental of new or used products, or providing personal | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
SALES-ORIENTED: Convenience store Outdoor market Store selling, leasing or renting consumer, house, and business goods including alcoholic beverages, antiques, appliances, art supplies, baked goods, bicycles, books, cameras, carpet and floor coverings, crafts, clothing, computers, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gasoline, gifts, groceries, hardware, house improvement, household products, jewelry, medical supplies, musical instruments, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce PERSONAL Art, music, dance, or photographic gallery or studio Athletic, tennis, swim or health club Bulk mailing service Caterer not located in a restaurant Dry-cleaning or laundry drop-off facility, laundromat Funeral home or mortuary Hair, nail, tanning, and personal Payday lenders or check cashing services Photocopy, blueprint, and quick-sign service Psychic or medium
| Ancillary indoor storage Associated offices Car wash at a convenience store Food preparation and dining area Manufacture or repackaging of goods for on-site sale Public recycling drop-off site Residential unit for security purposes (single unit) Storage of goods
| Adult videos (see Indoor Recreation) Any use that is potentially dangerous, noxious or offensive to neighboring uses in the district or those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause (see Heavy Industrial) Car wash, except at a convenience store Crematorium (see Light Industrial) Food service contractor Laundry or dry-cleaning plant (see Light Industrial Service) Repair or service of motor vehicles Restaurant Sale or rental of machinery, equipment, heavy trucks, building |
Characteristics: Facilities providing separate storage areas for personal | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Mini-warehouse Multistory enclosed storage facility Storage garage | Associated office Outside storage of boats and campers On-site recycling facility On-site residential unit for security purposes (single unit) | Rental of light or medium trucks (see Vehicle Storage area used as manufacturing use (see Light Industrial Services) Storage area used for sales, service, and repair operations (see Retail Sales and Service) Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (see Warehouse and Freight Movement) |
Characteristics: Direct sales of passenger vehicles | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Manufactured housing sales Vehicle | Ancillary indoor storage Associated offices Incidental sale of parts Single-bay, automatic car wash Vehicle | Convenience store Retail sale of farm Vehicle |
Characteristics: Direct service to passenger vehicles | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Car wash | Ancillary indoor storage Associated offices Incidental sale of parts Single-bay, automatic car wash Towing Vehicle Vehicle | Convenience store Retail sale of farm Vehicle Maintenance yard |
Characteristics: Activities conducted in an office | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Advertising office Bank Counseling in an office TV or radio studio Utility office Research and development | Ancillary storage Cafeteria Day care Health facility Meeting room On-site day care, school or facility where children are cared for while parents or guardians are occupied on the premises Other amenity for the use of on-site employees Internal support retail Restaurants | Conference center Contractor Office Urgent care or emergency medical office
|
Characteristics: Firms engaged in the fields of research and development | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Research, testing, and development Research‐related manufacturing | Accessory medical clinic Ancillary indoor storage Associated office Cafeteria Child Care Center Employee recreational facility Major utilities, such as water towers and electrical substations On‐site repair facility Outdoor storage, storage of hazardous and nuclear materials Residential unit for security purposes (single unit). | Sale or rental of machinery, equipment, heavy trucks, building Small‐scale catering establishments (see Restaurants |
Characteristics: Firms engaged in the manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Building Clothing or textile manufacturing Commercial bakery Crematorium Equipment rental Exterminator Food Service Contractor Janitorial and building Laundry, dry-cleaning, and carpet cleaning plants Maintenance yard Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items or electrical items, and toys Microbrewery Movie production facility Photo-finishing laboratory Printing, publishing, and lithography Production of artwork Repair of scientific or professional instruments, electric motors Sheet metal shop Sign-making Soft drink bottling Storage area used for manufacturing Welding, machine, tool repair shop Woodworking, including cabinet makers and furniture manufacturing | Accessory medical clinic Ancillary indoor storage Associated office Cafeteria Day care Employee recreational facility On-site repair facility Residential unit for security purposes (single unit) | Caterer (see Restaurants Manufacture and production of goods from composting organic material (see Waste-Related Service) Outdoor storage yard Sale or rental of machinery, equipment, heavy trucks, building |
Characteristics: Firms involved in the storage or movement of goods for themselves or other firms. Goods are delivered to other firms or the final consumer with little on-site sales activity to customers. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bulk storage Bus barn Outdoor storage yard Parcel Stockpiling of sand, gravel, or other aggregate materials Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred | Ancillary indoor storage Associated office Cafeteria Daycare Employee recreational facility Outdoor storage yard Residential unit for security purposes (single unit) Truck fleet parking and maintenance area | Bulk storage Mini-warehouse, multi-story enclosed storage facility, storage garages (see Self-Service Storage) Solid or liquid waste |
Characteristics: Characterized by uses that receive solid or liquid wastes | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal waste Landfill, incinerator Manufacture and production of goods from composting organic material Recyclable material storage, including construction material | Ancillary indoor storage Associated office Off-street parking On-site refueling and repair Recycling of material Repackaging and shipment of by-products | Stockpiling of sand, gravel, or other aggregate materials (see Warehouse and Freight Movement) |
Characteristics: Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Mail-order house Sale of building Wholesaling of food, clothing, auto parts, and building | Accessory medical clinic Ancillary indoor storage Associated offices Cafeteria Day care Minor fabrication services Product repair Repackaging of goods Residential unit for security purposes (single unit) Warehouse | Store selling, leasing, or renting consumer, house or business goods, wholesale club (see Retail Sales and Service) Warehouse, freight movement (see Warehouse and Freight Movement) Warehouse or wholesale club (see Retail Sales and Service) |
Characteristics: Firms involved in industrial and manufacturing-related activities that often have significant environmental impacts or require special measures to ensure compatibility with adjoining properties. The uses emphasize industrial businesses, and sale of heavier equipment. Factory production and industrial yards | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal processing, packing, treating, and storage, livestock Asphalt plant Concrete manufacturing plant Hazardous or low-level nuclear material Railroad freight yard Sale of farm Wrecking, junk or salvage yard | Associated offices Cafeteria Product repair Repackaging of goods Warehouse, storage | Animal waste Repair and service of motor vehicles Store selling, leasing, or renting consumer, house, and business goods (see Retail Sales and Service) |
Characteristics: Characterized by uses that extract minerals and other solids and liquids from land. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Drilling for oil or natural gases Extraction of sand, gravel or minerals, borrow Quarries | Ancillary indoor storage Associated offices Equipment storage | Solid or liquid waste Stockpiling of sand, gravel, or other aggregate materials (See Warehouse and Freight movement) |
Agricultural uses
in the City, and in the County if not otherwise exempted from zoning regulation by State statute, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following standards:
1. In the RS-20 District, all agricultural uses
shall be allowed. In all other RS districts, only apiculture
, commercial crop
production, and forestry
are allowed.
2. For on-site sales as an accessory use pursuant to paragraph 5.2.2, Agricultural Use
Categories, no parking spaces
associated with the retail sales are required when no permanent structures used for the purpose of sales are proposed.
3. Except in RR and RS-20 districts, aquaponics and aquaculture are prohibited.
4. Sites shall be designed and maintained to prevent fertilizer, compost, soils, and any other materials from spilling and/or draining onto adjacent
property, streams
, and public or private stormwater
collection systems.
5. The sale of compost is prohibited.
Forestry
activities in the City shall be conducted in conformance with a Forest Management Plan which uses the current best management practices set out in “Forest Practice Guidelines Related to Water Quality,” as adopted by the North Carolina Department of Environmental Quality.
Commercial dorms shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site plan
shall include an approved floor plan showing the number of rooms and the proposed number of tenants. The floor plan shall be kept on file with the Inspections Department.
Congregate living facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Residential suites or assisted living units without cooking facilities shall be permitted to be constructed at the same density
as the base density
for dwelling units
with each room or suite considered a dwelling unit
.
2. Facilities with the following on-site common use facilities dining, recreation, health care, a convalescent center, and multifamily
units; shall not exceed 1½ times the allowed multifamily
base density
of the district, with each unit counted separately, except in the DD District where there is no limit on the multifamily
base density
.
3. Facilities with the following on-site common use facilities dining, recreation, health care, and a convalescent center; shall not exceed two times the allowed base density
for the district, with each room or suite considered a dwelling unit
, except in the DD District where there is no limit on the multifamily
base density
.
4. Density
limits indicated above may be exceeded with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
Family
care and group home
facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. Family care home
facilities shall be separated by a minimum of 1,125 linear feet.
b. Measurements shall be made as a straight line measurement from the closest point on the property line of each family care home
facility.
a. The facility shall meet all State requirements, and all applicable housing and building
code requirements.
b. The facility shall be separated by a minimum 1,125 linear feet from a group home
or family care home
facility. Measurements shall be made as a straight line measurement from the closest point on the property line of each facility.
Class A and Class B manufactured homes shall be permitted in accordance with the use table in Sec. 5.1, Use Tables, subject to the following:
Class A Manufactured Homes shall meet or exceed the following criteria:
a. The manufactured home shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.
b. The manufactured home shall have a minimum of 960 square feet of enclosed and heated living area per dwelling unit
.
c. The pitch of the roof of the manufactured home shall have a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction.
d. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.
e. The exterior siding shall consist predominantly of vinyl or aluminum horizontal siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.
f. The manufactured home shall be set up in accordance with the standards set by the North Carolina Department of Insurance. Except as otherwise required per NCGS §160D-910, screening
of the foundation area shall be by a continuous, permanent masonry foundation or masonry curtain wall in accordance with NC Building
Code and Durham Minimum Housing Code regulations, unbroken except for required ventilation and access, and which shall be installed under the perimeter of the manufactured home.
g. Stairs, porches, entrance platforms, ramps, and other means of entrance to and exit from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building
Code, freestanding or attached firmly to the primary structure
and anchored securely to the ground.
h. The moving hitch, wheels and axles, and transporting lights shall be removed.
Class B Manufactured Homes shall meet or exceed the following criteria:
a. The manufactured home shall meet requirements of the North Carolina Department of Insurance for installation and tie-downs.
b. The manufactured home shall be skirted with a durable material that encloses the area between the chassis and the ground. Durable material includes but is not limited to vinyl or masonry.
c. Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building
Code, free standing or attached firmly to the primary structure
and anchored securely to the ground.
d. The moving hitch, wheels and axles, and transporting lights shall be removed.
Manufactured Home Parks
or Subdivisions
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Only Class A or Class B manufactured homes shall be allowed.
2. Any manufactured home sites shall be specified on the approved Development Plan
and manufactured homes shall be permitted only where they have been expressly indicated on the approved Development Plan
.
3. Manufactured house subdivisions
shall show the orientation
of the house to the street in the Development
Plans.
4. Manufactured homes in parks shall maintain a distance of at least 16 feet between manufactured homes. For the purposes of this section, added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home.
5. Supporting uses within a manufactured home park
shall maintain a side yard
of at least 10 feet.
6. Development
Plans for manufactured home parks
and subdivisions
shall show lot layouts, and pedestrian walkways that connect the house with any support facilities.
Co-living
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. For the CN, OI, and CG districts, a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required only for sites within a single-family
or two-family
residential subdivision
.
1. Except in design districts, auditoriums shall not be located adjacent
to residential uses.
2. In design districts, auditoriums shall not be permitted in the S2 sub-district of CD or CSD Districts.
Cemeteries
, columbaria, and memorial gardens shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. In design districts no new cemeteries
shall be allowed.
2. Within design districts, cemeteries
shall not exceed 300 graves in size.
3. Refer to paragraph 7.8.9, Cemeteries
, for additional requirements.
Nonprofit clubs or lodges shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. All structures shall be located at least 30 feet from property lines. This distance can be reduced to the yards
allowed per Sec. 6.9, Nonresidential and Group Living Development
in Residential Districts
, if a masonry wall at least six feet high is provided. The wall shall be located outside of the street frontage
area and maintain the height limitations pursuant to Sec. 9.9, Fences and Walls.
b. Parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
2. No outdoor public address systems shall be allowed.
3. Clubs and Lodges shall not be permitted in the S2 sub-district of the CD and CSD Districts.
Correctional facilities
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. In order to accommodate outdoor recreational facilities and to allow for potential building
expansion, the site size for facilities located outside the DD District shall be a minimum of one acre in area or the minimum of the zoning district, whichever is larger.
2. Facilities within the DD District have no minimum site area
.
3. The facility shall be established at least 650 feet from the nearest property which is residentially zoned or used, except in the DD District where it may be established adjacent
to residential uses but shall be a minimum of 650 feet from the DD District boundary.
4. The facility shall not be established within 1,320 feet of a public or private school, day care, or place of worship
.
5. Site development
shall be in conformance with the landscaping and dimensional requirements of the zoning district.
Child Care Centers shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall meet all applicable State requirements for standards, licensing and inspections.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
3. The facility shall meet the following space requirements if children are the primary clients of the use:
Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1402, as amended.
Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1401,
as amended.
Government facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Following the initial approval of government facilities through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.
2. Administrative approvals of expansions of government facilities shall not waive any conditions of approval of the special use permit.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
4. In the SRP district, the following shall apply to property used for emergency service facilities such as fire, police, EMS, sheriff, or other similar facilities:
a. The parking limitation in paragraph 6.10.1B.2.a(3) shall not apply.
b. The OI district dimensional standards per paragraph 6.10.1, Standards for the CN, OI, and CG Districts, shall apply.
Museums
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall have direct access from a street which is adequately sized to accommodate traffic generated by the museum
.
2. Museums
shall not be permitted in the S2 sub-district of the CD and CSD Districts.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Parks and open areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
On sites greater than two acres, the shrub requirements of paragraph 9.8.3B.3, Shrubs, and paragraph 9.8.2B, Vehicular Use
Areas Visible from Adjacent
Property, shall not apply if the vehicle
use areas are located 100 feet or more from property lines, and at least 25% of the total site area
is left in natural vegetation.
a. For all structures, picnic areas, playgrounds
, and unlighted basketball courts and athletic fields:
(1) Except in Design districts, a 50-foot setback
shall be maintained from property lines adjacent
to residentially zoned or used property.
(2) Design Districts
Except as required for the incidental building
type, a 15-foot setback
shall be maintained instead of the required build-to zone
in paragraph 16.2.1, Building
Placement Standards.
(3) Through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, the setback
may be reduced to as little as ten feet. In addition to the required findings in paragraph 3.9.8A, General Findings, the applicant shall demonstrate that the proposed design provides for equal or better functionality of the park, focusing on factors including but not limited to, proposed building
orientation
and location of amenities in relation to neighboring properties, and physical or environmental constraints.
(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 15-foot setback
shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.
b. For lighted facilities such as tennis courts, basketball courts, and athletic fields:
(1) Except in Design districts, a 100-foot setback
shall be maintained from property lines adjacent
to residentially zoned or used property.
(2) Design Districts
Except as required for the incidental building
type, a 30-foot setback
shall be maintained instead of the required build-to zone
in paragraph 16.2.1, Building
Placement Standards.
(3) Through the issuance of a minor special use permit per Sec. 3.9, Special Use Permits, the setback
may be reduced with measures used to reduce light and glare onto adjacent
residentially zoned or used property. Possible measures include, but are not limited to directional lighting, lower fixture heights, berms, vegetation, and fences. In addition, documentation shall be provided from a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of adjacent
residentially zoned or used properties.
(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 30-foot setback
shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.
Passenger terminals shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Passenger terminals shall not be permitted in the S2 sub-district of the CD and CSD Districts.
Places of worship
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Following the initial approval of a place of worship
through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.
2. Administrative approvals of expansions shall not waive any conditions of approval of the special use permit.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Schools shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Use
permits for public schools shall not be limited as to number of students. Notwithstanding any conditions on existing use permits, public schools may enroll the number of students that they are legally entitled to enroll under State building
codes and other applicable State laws.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennae
/towers that transmit signals for radio and television communications shall be permitted in accordance with the use table in Sec. 5.1, Use Table. They are subject to the requirements of Sec. 3.7, Site Plan Review, Sec. 3.9, Special Use Permit, and the following additional requirements:
1. Any antenna-supporting structure
, equipment enclosures and ancillary structures shall meet the setback
requirements of the underlying zoning district plus an additional six inches for every one foot of antenna
support structure
height.
2. The entire antenna-supporting structure
or tower and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications.
3. Any facility shall be illuminated only in accordance with any applicable FAA requirements to provide aircraft obstruction
lighting. Any such lighting shall not exceed the minimum FAA requirements and shall incorporate the most unobtrusive design allowed (e.g., white flashing lights are prohibited where red lights and painting are allowed).
4. A landscaped buffer
shall surround the base of the broadcast antenna
equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable. Grading
shall be limited only to the area necessary for the new broadcast antenna
.
a. If the proposed broadcast antenna
is the principal use of the property then landscaping per Article 9, Landscaping and Buffering, shall be applicable. Additionally, a buffer
equivalent to that required for an Industrial use adjoining a Residential use shall be provided around the broadcast antenna
equipment compound in the RR district; and a buffer
equivalent to that required for a Light Industrial use adjoining a Residential use around the broadcast antenna
equipment compound in all other districts.
b. If the proposed broadcast antenna
is to be located in front of an existing structure
on the same zone lot, a street buffer
shall also be required.
c. On sites in residential districts
adjoining public rights-of-way an opaque fence consistent with the requirements of Section 9.9 shall surround the broadcast antenna
equipment compound.
5. The only signage that shall be permitted upon an antenna-supporting structure
/tower, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure
, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs
, and property manager signs
(if applicable).
6. New antenna-supporting structures/tower shall be configured and located in a manner that minimizes adverse effects including visual impacts on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration. The applicant shall demonstrate with specific information that alternate locations including existing towers and buildings, configurations, facility types, mass and scale, height, painting, lighting, and materials have been examined and shall justify the proposed alternatives in terms of effects on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration.
Utility facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Utility facilities in residential areas or adjoining residential uses shall maintain residential setbacks
, be fenced (unless totally enclosed within a structure
), and either be screened
from view or designed to have a residential appearance.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
a. Minimize the safety and aesthetic impacts of wireless communication
facilities (WCFs) on surrounding areas by establishing standards for location, setbacks
, structural integrity, and compatibility;
b. Encourage the location and collocation
of wireless communication
equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts; effects upon the natural environment and wildlife; and to reduce the need for additional antenna-supporting structures;
c. Encourage coordination between suppliers of wireless communication
services in the City and County of Durham;
d. Regulate in accordance with all federal and State law applicable to wireless communication
facilities, including the Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and
e. Protect the unique natural beauty and rural character of the City and County while meeting the needs of its citizens to enjoy the benefits of wireless communications
services.
The following shall not be subject to the requirements of this section;
a. Satellite earth stations (satellite dishes).
b. Routine maintenance and/or in-kind replacement on any existing wireless communications
facility that does not include the addition of any new antenna
elements, feed lines
, and/or associated support equipment on the facility or in the equipment compound, or the placement of any new wireless communications
facility.
c. A government-owned wireless communications
facility, upon the declaration of a state of emergency by federal, State, or local government, and a written determination of public necessity by the City or County designee; except that such facility must comply with all federal and State requirements. No wireless communications
facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.
d. Antenna-supporting structures, antennas
, and/or antenna
arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission, unless it qualifies as an eligible facility request
.
e. Temporary mobile communication towers pursuant to Sec. 3.12, Temporary Use Permit, and paragraph 5.5.2H, Mobile Communication Tower.
f. Small wireless facilities
, or any other wireless communication
facility, installed within public right-of-way
and specifically regulated through the City Code, or NCDOT, as applicable. However, any references to this Ordinance by the City Code or NCDOT shall be enforceable regulations.
a. WCFs and associated equipment shall be permitted in accordance with the use table in Section 5.1.
b. Grading
shall be limited only to the area necessary for the new WCF and equipment compound, and access to the facility.
Unless otherwise indicated below, the following shall apply to any site plan
application.
(1) Documentation, sealed by a registered professional engineer with WCF expertise, shall be provided indicating that the new WCF, or modification to an existing WCF, complies with the following. Such compliance shall be maintained throughout the life of the WCF.
(a) That the American National Standards Institute (ANSI) requirements for the proposed improvements are met; and
(b) All applicable building
, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety shall be met.
(2) The owner
of a freestanding WCF shall maintain general liability insurance for the WCF in the amount of at least $1,000,000; and shall, as part of the original site plan
application, site plan
amendments, and subsequent modifications, provide documentation sufficient to demonstrate compliance with this requirement.
(3) Lighting
Lighting shall not exceed the Federal Aviation Administration (FAA) minimum standard. Any lighting required by the FAA shall be of the minimum intensity and the number of flashes per minute (i.e., the longest duration between flashes) allowed by the FAA. Dual lighting standards shall be required and strobe lighting standards prohibited unless required by the FAA. The lights shall be oriented
so as not to project directly onto surrounding residential property, consistent with FAA requirements.
(4) Signage
(a) Commercial messages shall not be displayed on any WCF.
(b) For freestanding WCFs, a warning sign
shall be posted and shall include the contact information of the owner
of the WCF.
(5) Storage
(a) A WCF equipment compound shall not be used for the storage of any excess equipment or hazardous materials
, nor be used as habitable space.
(b) No outdoor storage yard
(s) shall be allowed in a WCF equipment compound.
(6) Interference
A WCF shall not interfere with City and/or County public safety communications, nor shall it interfere with normal radio and television reception.
(a) Documentation shall be provided by an expert in radio frequency interference (RFI) that the proposed WCF, or modification to an existing WCF, will not cause RFI with the City’s and/or the County’s public safety communications equipment
.
(b) When a specific WCF is identified as causing radio frequency interference (RFI) with the City’s and/or the County’s public safety communications equipment
, the following steps shall be taken:
(i) Upon notification by the City and/or County of interference with public safety communications equipment
, the owners
of the WCF equipment shall utilize the hierarchy and procedures set forth in the Federal Communication Commission’s (FCC) Wireless Telecommunications Bureau’s Best Practices Guide. If the WCF owner
fails to cooperate with the City and/or County in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the City and/or County may take steps to contact the FCC to eliminate the interference.
(ii) If there is a determination of RFI with the City’s and/or the County’s public safety communications equipment
, the party which caused the interference shall be responsible for reimbursing the City and/or County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the City and/or County to determine the source of the interference.
(7) Service Providers
The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan
, with documentation provided by the service provider(s).
(8) Pedestrian and Vehicular Movement
No facility, structure
, or associated equipment shall extend into an existing sidewalk or walkway, trail, driveway
, bicycle or other vehicular parking area, or travel lane; or otherwise impede pedestrian or vehicular movement and circulation.

(1) Standards
(a) Height
The top of the WCF shall not be more than 20 feet above the facility to which it is attached.
(b) Setbacks![]()
The facility to which the WCF will be attached shall maintain the normal setbacks
of the zone.
(c) Aesthetics
(i) Concealed, attached WCFs, including cables, antennas
, and accessory equipment, shall be designed to match the existing structural design and color of the facade, roof, wall, light or utility pole, or any other facility to which it is to be affixed.
(ii) Cables, antenna
, and accessory equipment not otherwise camouflaged, as prescribed above, shall be hidden from view by installation interior to a supporting building
or facility, screened
from off-site view, or installed in a location not visible off-site.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.

(1) Standard
(a) Non-concealed, attached WCFs shall only be allowed on transmission towers, and light or utility poles internal to a site and not visible off-site.
(b) The top of the WCF shall be no more than 20 feet above the facility to which it is attached.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.

(1) Standard
The collocation
of additional wireless facilities
on existing, freestanding WCFs shall be consistent with the existing concealment method, if applicable, of the freestanding WCF.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.
“Eligible facility requests” and “substantial changes
” to existing WCFs shall be regulated as follows:
(1) Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.
(2) For applications that claim “eligible facility request
” status for additional height to a freestanding WCF, a fall zone
impact analysis shall be provided.
(a) The analysis shall include:
(i) A sealed engineering analysis of the fall zone
with the additional height.
(ii) A sealed survey indicating all primary structures and facilities within the fall zone
shall be provided.
(iii) A list of active building
permits with addresses within the fall zone
, or a statement that at time of submittal no building
permits were issued within the fall zone
.
(b) The analysis shall demonstrate the additional height does not impact primary structures or facilities if the support structure
should fail. If the impact analysis demonstrates there are no existing primary structures or facilities, or none pending with an active building permit
, within the fall zone
with the additional height, then the application shall be considered an “eligible facility request
.” Otherwise, the request shall be considered a substantial change
.
(3) If an application qualifies as an eligible facility request
, the modification shall be allowed with an approved site plan
demonstrating compliance with applicable setbacks
and the requirements within paragraph 5.3.3N.3.c, Structural, Operational, and Insurance Requirements.
(4) Eligible facility requests can be incremental, but shall not cumulatively result in creating a substantial change
to the existing WCF.
Example: If 20 feet is the maximum additional height that can be added to a particular existing tower and maintain eligible facility request
status then multiple applications to incrementally increase height can be submitted, so long as the cumulative additional height does not exceed the 20-foot addition maximum.
(5) Measurements for modifications to a WCF in an application that claims an eligible facility request
shall be based from the dimensions of the facility as approved prior to February 22, 2012. The measurements for modifications to all WCFs approved on or after February 22, 2012, shall be based from the dimensions of the facility as originally approved and constructed.
(6) Substantial changes
shall be held to all applicable Ordinance requirements.

(1) Standards
(a) Height
(i) General
Calculations of height shall include the foundation of the wireless support structure
at grade
, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas
.
(ii) In the RR District
The maximum height shall be 120 feet.
(iii) In PDR and All Residential Districts
Other than the RR District
The maximum height shall be limited to 20 feet above the allowable building
height of the underlying zoning district.
(iv) In All Other Districts Pursuant to Sec. 5.1, Use
Table
The maximum height shall be 180 feet.
(b) Setbacks![]()
The following setback
requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.
(i) Setbacks
shall be measured from the base of the wireless support structure
.
(ii) The minimum setback
from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in PDR and residential districts
, a reduction in the minimum setbacks
may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
(iii) The minimum setback
from the centerline of a natural gas line easement
for gas lines measuring eight inches in diameter or greater shall be 120% of the height of the tower, or 85 feet, whichever is greater.
(c) Buffers
A project boundary buffer
of at least 60% opacity
and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.
(d) Fence/Wall
An eight-foot tall, 100% opaque fence or wall, per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.
(e) Required Expansion Capability
(i) Freestanding, concealed and unipole
WCFs less than 120 feet in height shall be engineered and constructed to accommodate at least two antenna
arrays.
(ii) Freestanding, concealed and unipole
WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna
arrays.
(iii) Freestanding, concealed and unipole
WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna
arrays.
(f) Monopines/Faux Trees
A monopine or faux tree
WCF shall be considered concealed if the following criteria are met. If the following criteria are not met, then the proposed WCF will be considered non-concealed for regulatory purposes.
(i) The WCF is incorporated within an existing cluster of trees that measures, after any necessary grading
or clearing for the facility, at least 1,000 square feet with no individual dimension of less than 25 feet. Minimum tree size and tree protection zone
requirements shall be pursuant to paragraphs 8.3.1D.3.a, d, and e, Clusters of Trees.
(ii) Any tree protection zone
located off-site, for existing on-site trees that will be used to meet paragraph 5.3.3N.4.e(1)(f)i, above, shall be permanently protected through a conservation easement
or method that provides similar protection from disturbance.
(iii) The tower shall be designed to match a species located within the existing cluster of trees, with the support structure
to be designed as a tree trunk and antenna
arrays flush-mounted and completely concealed by limbs, branches, and leaves.
(iv) Limbs, branches, and leaves shall cover at least the upper 50% of the support structure
, and shall cover any of the support structure
that extends above the tree line of the cluster of trees.
(2) Approval
In addition to applicable site plan
review, the following approvals are required:
(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required if the proposed WCF is located on a property with residential or PDR zoning, or within 450 feet of property zoned as residential or PDR, and is either:
(i) A monopine or faux tree
, or unipole
, of any height; or
(ii) Any other freestanding, concealed WCF above 60 feet in height.
(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for any freestanding, concealed or unipole
WCF proposed within 300 feet of a designated State of North Carolina Scenic Byway.

(1) Standards
(a) General
(i) In all RR and RS-20 districts, freestanding, non-concealed WCFs shall only be permitted on parcels
with a minimum lot size of five acres.
(ii) Freestanding, non-concealed WCFs shall not be permitted in the RS-8 and RS-10 Districts.
(b) Height
(i) General
Calculations of height shall include the foundation of the WCF wireless support structure
at grade
, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas
.
(ii) In the RS-20 District
The maximum height shall be 55 feet.
(iii) In the RR District
The maximum height shall be 120 feet.
(iv) In All Other Districts Pursuant to Sec. 5.1, Use Table, and the restrictions in paragraph (a) above, the maximum height shall be 180 feet.
(c) Setbacks![]()
The following setback
requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.
(i) The minimum setback
of the WCF from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in residential districts
, a reduction in the minimum setbacks
may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
(ii) The minimum setback
from the centerline of a natural gas line easement
for gas lines measuring at least eight inches in diameter shall be 120% of the height of the tower, or 85 feet, whichever is greater.
(d) Buffers
A project boundary buffer
of at least 60% opacity
and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.
(e) Fence/Wall
An eight-foot tall, 100% opaque fence or wall per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.
(f) Aesthetics
Freestanding, non-concealed WCFs shall be limited to monopole-type wireless support structures
.
(g) Required Expansion Capability
(i) Freestanding, non-concealed WCFs up to 120 feet in height shall be engineered and constructed to accommodate at least two antenna
arrays.
(ii) Freestanding, non-concealed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna
arrays.
(iii) Freestanding, non-concealed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna
arrays.
(2) Approval
In addition to applicable site plan
review, the following additional approval is required.
(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for all freestanding, non-concealed WCFs unless proposed within 300 feet of a designated State of North Carolina Scenic Byway.
(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for any freestanding, non-concealed WCF proposed within 300 feet of a designated North Carolina Scenic Byway.
a. The following shall be required, as applicable, in addition to the findings required pursuant to paragraph 3.9.8A, General Findings, in order for the approving authority (the Board of Adjustment or governing body, as applicable) to approve the special use permit.
(1) Evidence that it is not reasonably feasible to collocate new antennas
and equipment on an existing wireless support structure
or structures within the applicant’s geographic search ring
. Collocation
on an existing WCF support structure
is not reasonably feasible if collocation
is technically or commercially impractical, or the owner
of the existing WCF support structure
is unwilling to enter into a contract at fair market value
.
(2) That the use of existing facilities would prevent the provision of personal wireless services
in the area of the City and/or County to be served by the proposed WCF.
(3) In determining whether a WCF is in harmony with the area, and the effects on and general compatibility of a WCF with adjacent
properties as specified in paragraph 3.9.8A, General Findings, the approving authority shall consider the aesthetic effects of the WCF as well as factors that mitigate the aesthetic effects.
(a) Documentation of balloon tests and other methodologies used to simulate the height and appearance of the proposed WCF shall be provided by the applicant, along with descriptions of the locations, distances, and vantage points that formed the basis of the simulation(s).
(b) Factors that the approving authority may consider in determining the aesthetic effects of a proposed WCF include:
(i) The protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways, and historic sites;
(ii) The concentration of WCFs in the proposed area; and,
(iii) Whether the height, design, placement, or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact.
b. The approving authority shall not make a determination on the electromagnetic field (EMF) effects of the WCF on the health of the public, as specified in the third finding in paragraph 3.9.8A, General Findings. Documentation that certifies that the facility meets or exceeds applicable American National Standards Institute (ANSI) standards as adopted by the FCC in order to protect the public from unnecessary exposure to electromagnetic radiation shall be sufficient. This shall not preclude other issues regarding the health, safety, and welfare of the public from being considered in order to satisfy the finding.
A balloon test shall be required for all proposed WCFs that require a special use permit.
(1) The balloon shall be at least three feet in diameter and oblong.
(2) The color of the balloon shall be red or orange.
(3) The test shall be within 50 feet of the proposed location of the WCF tower.
(4) The balloon shall be raised to the height of the proposed WCF and stabilized for windy conditions.
(5) The test shall be done during daylight hours and for at least four consecutive hours.
(6) Weather conditions during the test shall be recorded.
(7) Notification
(a) Owners
of property within 600 feet of the property under consideration for a proposed WCF site shall be notified in writing by first class mail, at least 14 days prior to the test date. Measurement shall be made from the property lines of the subject property.
(b) The notification shall include:
(i) The date, time, and location of the test;
(ii) An alternative date and time, as needed;
(iii) A map indicating the location(s) of the test(s); and
(iv) Contact information for the individual(s) requesting the test.
(c) At least one sign
with a minimum dimension of two feet by three feet shall be posted on the site, and be legible and visible along the most prominent right(s)-of-way adjacent
to the property of the proposed WCF site. The posting shall be at least 14 days before the test date. The sign
shall indicate the purpose, and provide the date and time of the test, the alternate test date and time, and the contact information for the individual(s) requesting the test.
(d) A list of the notified property owners
and their properties, a copy of the notification sent to each owner
, and affidavits attesting to mailing and sign
posting per Ordinance standards shall be submitted with the application for the special use permit.
Technical dimensional requirements shall not prohibit or have the effect of prohibiting the provision of personal wireless services
, pursuant to the Telecommunications Act of 1996. Applicants may seek variances
, pursuant to the requirements of Sec. 3.14, Variance
, to technical dimensional requirements that an applicant claims have the effect of prohibiting the provision of personal wireless services
.
Due to the complexity of the methodology or analysis required to review certain applications for a wireless communication
facility, review by a third party expert, the costs of which shall be the responsibility of the applicant and in addition to other applicable fees, shall be required for any special use permit or variance
application, including all supporting documentation. The third party review shall be submitted as evidence to the Board of Adjustment or governing body, as applicable.
If it is determined by the Planning Department that a WCF has been inoperable for at least six consecutive months, the WCF will be considered abandoned. The owner
of the facility shall remove the facility within 90 days of receipt of a notice of abandonment from the Planning Department. After such time has elapsed, if the facility has not been removed, enforcement action pursuant to Article 15, Enforcement, shall commence.
A third-party structural analysis sealed by a registered professional engineer with WCF expertise shall be submitted by the owner
of the facility to the Planning Director, or designee, every five years from the date of the issuance of the certificate of compliance
for the support structure
. The analysis shall certify that the structure
has been inspected pursuant to the applicable building
and safety codes and is structurally sound. If the required structural certification cannot be provided, the Planning Director shall issue a notice of violation
and provide a timeframe to either repair or remove the facility.
Shelters
, and food pantries or kitchens, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Facilities located within another legally established Public or Civic Use
shall not require a minor special use permit.
Adult establishments shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No property associated with the use shall be closer than 1,000 feet to a property line of a residential zone. No building
or structure
associated with the use shall be closer than 50 feet to a property line of an adjacent
nonresidential zone.
2. No property associated with the use shall be closer than 1,000 feet to a pre-existing place of worship
, state licensed day care facility, public or private school, public park
, or library.
3. The minimum straight line distance between the property lines of two adult establishments shall be 2,000 feet. No two adult establishments shall be located within the same building
.
4. Measurements shall be made from the property line of the proposed adult establishment
to the property line or zoning district line as noted above, and from the property line of any separate parking lots
used for the adult establishment
.
Retail sales and service uses shall be permitted in accordance with the use table in paragraph 5.1.2, Use
Table, subject to the following standards:
1. Within the Rural Tier, CG uses shall be limited to a grocery store in areas designated as Village Centers in the Comprehensive Plan
.
2. Within the UC and UC-2 Districts, limited retail uses, such as university-related bookstores and dining facilities located within other buildings, shall be permitted, to the extent that they are designed to serve the on-campus population of the university or college
and not to attract additional traffic to the campus.
Antique shops shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The parcel
on which the shop is located shall be a minimum of five acres.
2. Backlit signs
shall be prohibited.
3. The maximum parking allowed shall be no more than the minimum parking required.
Bed and breakfasts
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. An approved floor plan shall be kept on file with the Inspections Department.
2. An owner
or manager shall reside on site.
3. There shall be no substantial modifications to the exterior appearance of the structure
; however, fire escapes, handicapped entrances and other features required by building
or fire codes can be added to protect public safety.
4. Meals can be available on the premises, depending upon whether the facility qualifies as a “bed and breakfast
home” or “bed and breakfast
inn” per NCGS § 130A-247, and shall be only for guests and employees of the facility. Rooms shall not be equipped with cooking facilities.
5. Parking shall not be allowed in any street yard
.
Car washes shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No storage, repair, or sales of vehicles
shall be allowed on the site.
2. Provisions shall be made for an on-site drainage system to capture water used to wash vehicles
. This water shall be discharged into a sanitary sewer system or another approved on-site system and shall not be discharged into the stormwater
system.
Commercial parking shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Commercial parking in the Downtown and Compact Neighborhood Tiers adjoining single-family
residential development
shall require installation of a wall a minimum of six feet in height along each property line adjacent
to residential development
pursuant to Sec. 9.9, Fences and Walls.
2. Commercial parking shall not be permitted in the S2 sub-district of the CD and CSD Districts.
3. Commercial parking shall only be permitted in the P sub-district of the CD District if buildings surround the parking area so that it is not visible from the public or private right-of-way
or adjacent
property.
Commentary: Parking areas will not be considered visible if they can only be seen by looking along driveways
.
Convenience stores
with gas sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Fuel pumps shall be located at least 15 feet from the property line.
2. No outdoor storage shall be allowed.
3. Storage of vehicles
for 15 days or more shall be prohibited.
4. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Clean up procedures for fuel (or other hazardous material
) spills occurring inside and outside the building
;
b. Counter measures for use in preventing fuel (or other hazardous material
) spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwater
collection system.
5. Within the CN District and the Design districts, the maximum number of fueling stations shall be limited to eight. (County Only) Within the SRP-C district, the maximum number of fueling stations shall be limited to eight.
6. Within the Core sub-districts of the CD and CSD Districts, Convenience Stores
with Gas Sales shall not be permitted.
7. One parking space
per two fueling stations can be credited towards minimum parking requirements per paragraph 10.3.1, Required Motorized Vehicle
and Bicycle Parking, with the following limitations:
a. No more than 50% of required parking spaces
shall be provided at fueling stations.
b. Required handicapped accessible parking shall not be permitted at fueling stations.
8. (County Only) Within the SRP-C District, no fueling pumps or other vehicular areas shall be located between the primary structure
and the street.
Drive-in theaters
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall have access from a major or minor thoroughfare, or boulevard
.
2. The face of the projection screen
shall not be visible from any public street within 1,500 feet.
3. Food sales shall be available to patrons of the drive-in theater
only.
4. Vehicle
areas shall be visually shielded so that lights will not shine onto adjacent
property.
1. Except in the CSD District, drive-through facilities
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. Where no street separates the use and residentially zoned property, at least 40 feet of separation shall be maintained between the residential lot line and the drive-through facility
.
b. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans
.
c. Any speaker systems associated with a drive-through facility
shall be designed and located so as not to adversely affect adjacent
uses.
d. Drive-through lanes between the right-of-way
of a roadway and a building
shall require landscaping pursuant to Sec. 9.8, Vehicle
Use
Area Landscaping, if the drive-through lane is within 50 feet of, and visible from, the roadway. Such landscaping shall be installed and maintained along the entire length of the drive-through lane and the adjacent
roadway.
e. (County Only) Within the SRP-C District, no drive-through lanes or other vehicular areas shall be located between the primary structure
and the street.
2. Drive-through facilities
shall be permitted in the Support 1 and Support 2 sub-districts of the CSD District in accordance with the use table in Sec. 5.1 Use
Table, subject to the following:
a. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans
.
b. Drive-through facilities
shall only be permitted for bank or pharmacy uses.
c. Drive-through facilities
shall be limited to one lane and shall not be located in any street yard
or any side yard
.
d. To minimize the visual impact when drive-through facilities
are visible from the street, the facility shall be incorporated into the overall building
design with material selection and design details.
e. Any speaker systems associated with a drive-through facility
shall be designed and located so as not to adversely affect adjacent
uses.
Electronic gaming operations
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Electronic gaming operations
shall not be located on the same property as, and shall be located at least 500 feet from, the following uses:
a. Residential;
b. Place of worship
;
c. Elementary, middle, or high schools;
d. Daycare facilities;
e. Parks; and
f. Other electronic gaming establishments.
2. Measurements shall be made as a straight line measurement from the closest point on the property line of the residential, place of worship
, school, daycare, park, or other electronic gaming uses consisting of buildings or associated parking areas, to the closest point of the property line of the proposed electronic gaming operation
, consisting of either a building
or associated parking area.
3. Alcohol shall not be sold, provided, or consumed.
4. No outside storage or activities are allowed.
5. No lighting that flashes, changes, alternates, or moves shall be visible from the exterior of the establishment is allowed.
6. The maximum number of signs
allowed shall be one.
7. No sign
shall have changeable copy
.
Indoor firing ranges
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The range shall be located at least 200 feet from the property line of any of the following uses: existing dwelling or property holding a valid building permit
for a dwelling, school, day care, or place of worship
.
2. The walls shall be lined with a sound absorbing material certified by an acoustical professional, and any other measures necessary to ensure that the use will not create a nuisance or hazard, shall be implemented.
Outdoor firing ranges
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The use shall be prohibited within the Airport
Overlay. Proposals located within five miles of Raleigh Durham Airport
shall provide a letter from the Airport
Authority indicating that the use will not pose a hazard to aviation.
2. Outdoor ranges shall be prohibited within one mile of existing local airports, heliports
, and helistops
. The location of approved landing and take-off zones beyond the one-mile boundary shall warrant an extension of the prohibition to ensure the safety of aircraft.
3. The property on which the range is located shall be at least 0.5 miles from the property line of any site being used for residential purposes.
4. The property on which the range is located shall be at least 1,000 feet from the property line of an existing school, day care or place of worship
.
5. The distance from any firing point, measured down range in the direction of fire to the nearest property line of the property on which the range is located shall be at least 1,500 feet.
6. The range shall have backstops and embankments which meet the dimensional standards listed below.
The range shall have an earth embankment not less than 25 feet in height and not less than 10 feet in thickness at the top along the entire length of the target line to serve as a backstop. The earth embankment shall retain a slope of 35 degrees from perpendicular or be terraced with timber or log retaining walls. Such embankment shall be topped with an earth filled double fence barricade not less than 15 feet in height and not less than three feet in thickness at the top. The required backstop can be either a natural terrain feature or a manmade earth embankment. In the case of a natural terrain feature, a topographic map at a scale of not less than one inch = 200 feet and two-foot contour intervals showing the terrain feature shall be submitted with the initial application.
All the above standards shall apply except that the overall height shall increase 10 feet for every additional 300 feet or fraction thereof in additional range length.
7. A Suburban Tier buffer
of 80% adjacent
to vacant land, or 100% adjacent
to developed
land, as applicable, shall be required around the perimeter of the site.
8. The entrance and exit to an outdoor firing range
shall be through gates which shall be locked during non-business hours.
9. Conditions of approval that may be considered in the decision to act on a special use permit pursuant to Sec. 3.9, Special Use Permit, include:
a. Limits on hours of operation;
b. Standards for lighting;
c. Requirements for additional landscaping and berming; and
d. Requirements to reduce noise such as installation of firing sheds.
Golf courses
, country clubs, swim clubs, and tennis clubs shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No maintenance building
or clubhouse shall be closer than 100 feet to any residential use.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Hotels, motels, and extended stay residences
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. A minor special use permit shall be required if any access to a hotel, motel, or extended stay residence
is through or adjacent
to (including directly across a public right-of-way
from) a residential district
or use, unless such access is consistent with an approved development plan
that specifies the type, size, and intensity of use.
2. All hotel, motel, and extended stay residence
buildings, vehicular use areas that are at grade
or higher, and elements of associated underground vehicular use areas that extend to grade
or higher shall be located at least 50 feet from any property line adjacent
to a residential district
or use.
3. Any accessory commercial activities such as restaurants
shall not be located along the side of the property adjacent
to a residential district
or use.
4. Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent
to a residential district
or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of paragraph 5.4.9, Swimming Pools, with regard to fencing.
5. A minor special use permit shall be required if the property line of a hotel, motel, or extended stay residence
is 200 feet or less from a residential district
or the property line of a single-family
residential use, unless such location is consistent with an approved development plan
that specifies the type, size, and intensity of use.
6. In the Design districts, the requirements in paragraphs 1 and 5 shall not apply. Instead, a minor special use permit shall be required if a hotel, motel, or extended stay residence
is located in the S2 sub-district of the DD District. This use shall not be permitted in the S2 sub-district of the CD or CSD District.
7. In the Design districts, the requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence
is adjacent
to a residential district
.
8. In the CD or CSD District, a six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent
pre-existing residential use at ground level.
9. (County Only) Within the SRP-C District, the standards in paragraphs 1-5 shall apply unless modified as follows:
a. Paragraph 1 shall not apply unless the access is through or adjacent
to a residential district
or use not located within the SRP-C District.
b. The requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence
is adjacent
to a residential district
or use not located within the SRP-C District.
c. A six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent
pre-existing residential use at ground level not located within the SRP-C District.
Manufactured home sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The display area of the property shall be a minimum of 500 feet from any residential district
or use.
2. The display area shall be set back a minimum of 25 feet from the street right-of-way
.
3. In addition to the landscaping requirements found in Article 9, Landscaping and Buffering, the following landscaping shall be provided within any street yard
:
a. A hedge which is at least 24 inches in height; or
b. Plantings which meet the requirements for plantings for paragraph 5.3.4U.4.
4. Storage and repair activities shall be screened
from off-site views.
5. A minimum separation of at least 10 feet shall be maintained between display homes. Display homes which are visible off-site shall be provided with some type of material and/or landscaping around the base which will prevent open views underneath the manufactured home.
6. In addition to the signs
typically allowed in the district, each display house can have a placard not to exceed three square feet in area which gives information about the house.
Nightclubs or bars
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. This section shall not apply to Outdoor Dining areas pursuant to City Code 54-110.
a. With the exception of nightclubs or bars
located within a Design District, the applicant shall demonstrate that no existing place of worship
is located within 250 feet of the proposed nightclub or similar establishment.
b. Within a Design District, the applicant shall demonstrate that no existing place of worship
is located within 50 feet of the proposed nightclub or similar establishment.
c. Measurements shall be made from the point on the place of worship
, whether on the building
or associated parking area, that is closest to the proposed nightclub or similar establishment to the point on the proposed nightclub or similar establishment, whether on the building
, associated parking area, or outdoor activity area that is closest to the place of worship
.
3. No outside storage shall be located on the site.
Nightclubs and bars
are allowed in all Design Districts subject to the following additional requirements:
a. For the CD-S2 and CSD-S2 Districts, approval of a minor special use permit pursuant to and CSD-S2 Districts, approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required in order to establish a nightclub or bar
.
b. Nightclubs or bars
in the DD-S2 District shall be located 50 feet from any residential zoning district outside of the Downtown Tier. Measurements shall be made from the residential district
boundary to the point on the proposed nightclub or bar
, whether on the building
or associated parking area that is closest to the residential district
boundary.
For outside activities, the following standards shall be met:
(1) For the area between the building line
and the right-of-way
, excluding alleys
, the outdoor activity area shall:
(a) Not exceed 50% of the interior seating area square footage;
(b) Be physically delineated and separated from the public right-of-way
by a fence or wall in conformance with the requirements of Sec. 9.9, Fences and Walls;
(c) Be utilized for seating areas only; and
(d) Be prohibited from having amplified music.
(2) For all other areas, the outdoor activity area shall:
(a) Not exceed 100% of the interior seating area square footage;
(b) Be physically delineated and separated by a fence or wall as follows:
(i) A minimum six-foot-high fence or wall at the property line along adjacent
properties; and
(ii) A minimum three-foot-high fence or wall at the property line along rights-of-way.
(iii) When a building
wall is present along adjacent
properties, no fence or wall shall be required along the length of that building
wall.
(iv) The fence or wall shall be in conformance with maximum heights and construction standards pursuant to Sec. 9.9, Fences and Walls.
(3) All outside activities shall be conducted in accordance with paragraph 7.8.7, Noise.
(4) Any area established for outside activities shall be shown on an approved site plan
.
5. (County Only) Within the SRP-C District, the following shall apply:
a. The applicant shall demonstrate that no existing place of worship
is located within 50 feet of the proposed nightclub or similar establishment.
b. The method of measurement in paragraph 4 shall apply.
c. Outdoor activities are allowed and the standards for outdoor activities within paragraphs 6(a-d) shall apply.
d. No outside storage shall be located on the site.
Outdoor recreation activities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. If not otherwise required, a minor special use permit shall be required if any access to the site is through or adjacent
to (including directly across a public right-of-way
) a residential district
or use, unless such access is consistent with an approved development plan
that accurately specifies the type, size, and intensity of use.
a. This requirement shall apply in the CD and CSD Districts only if access is through or adjacent
to a residential district
.
b. This requirement shall not apply in the DD District.
c. (County Only) This requirement shall not apply in the SRP-C District.
2. Except in the SRP-C (County Only), CD, CSD, and DD Districts, a 50-foot setback
from any property line adjacent
to a residential district
or use shall be maintained for any unlighted structure
, food sale or dining area, playground
, viewing area, court, field, or other athletic or entertainment area or facility.
Except as required for the incidental building
type, a 15-foot setback
shall be maintained instead of the build-to zone
in paragraph 16.2.1, Building
Placement Standards.
Except as required for the incidental building
type, no setback
or build-to zone
is required.
c. (County Only) Within the SRP-C District, a 15-foot setback
shall be maintained from any property line adjacent
to a residential district
or use not located within the SRP-C District.
3. Except in the SRP-C (County Only), CD, CSD, and DD Districts, a 100-foot setback
from any property line adjacent
to a residential district
or use shall be maintained for any lighted structure
, food sale or dining area, playground
, viewing area, court, field, or other athletic or entertainment area or facility.
Except as required for the incidental building
type, in the CD and CSD Districts, a 30-foot setback
shall be maintained instead of the build-to zone
in paragraph 16.2.1, Building
Placement Standards. In addition, the site plan
shall include documentation by a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of any adjacent
residential district
or use.
Except as required for the incidental building
type, no setback
or build-to zone
is required.
c. (County Only) Within the SRP-C District, a 30-foot setback
shall be maintained from any property line adjacent
to a residential district
or use not located within the SRP-C District. In addition, the site plan
shall include documentation by a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of any adjacent
residential district
or use.
4. In the RR District, food sales shall be provided for patrons of the recreational activity only.
5. The following standards shall apply in all design districts:
a. Unless located on the roof of a structure
, miniature golf courses
shall have a maximum site area
of 0.5 acres.
b. Outdoor recreation uses are only allowed on the roof of a structure
if they are set back a minimum of 10 feet from the building
face, in addition to any building
stepbacks.
c. Batting cages (except where associated with ballparks), golf driving ranges, and amusement parks are only allowed in the design districts if they are not visible from adjacent
right-of-way
. In association with ballparks, batting cages are allowed to be visible from adjacent
right-of-way
.
(1) Uncoated chain link fencing is prohibited except when the outdoor recreation use is on the roof of a structure
and the fencing is not visible from the adjacent
right-of-way
.
(2) For outdoor recreation uses provided at, or within five feet of, ground level, a fence or wall shall be provided within the build-to zone
as established by paragraph 16.2.1, Building
Placement Standards.
(3) All fences and walls shall be in conformance with the standards of Sec. 9.9, Fences and Walls.
6. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Paintball or similar recreation facilities on natural sites shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall be at least five acres in size.
2. The use shall not be permitted to locate adjacent
to any existing place of worship
, day care or school.
3. All activities shall take place at least 100 feet from any residential district
or use.
4. The use shall not change or modify the existing natural landscape except for accessory services or parking areas. Movable walls, barricades, or similar features shall be permitted as a part of the recreational use.
5. Any building
shall be located at least 100 feet from all property lines. Total building
floor area
shall be as follows:
a. For sites in the Rural Tier, total building
floor area
shall be in accordance with the table below:
Site Acreage | Maximum Building |
|---|---|
5 – 10 | 750 |
More than 10 – 15 | 1,500 |
More than 15 – 20 | 2,000 |
More than 20 – 25 | 2,500 |
More than 25 – 30 | 3,000 |
More than 30 – 35 | 3,500 |
More than 35 – 40 | 4,000 |
More than 40 – 45 | 4,500 |
More than 45 | 5,000 |
b. For sites in all other Tiers, the maximum building
floor area
shall be 750 square feet.
6. A buffer
consistent with that of an Industrial Use
adjacent
to a Residential Use
in the Suburban Tier shall be required (See Sec. 9.4, Project Boundary Buffers).
7. No outdoor storage shall be allowed.
8. No outdoor public address system shall be used.
Payday lenders shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Within the S1 and S2 sub-districts of the CD and CSD Districts, payday lenders shall not be permitted.
Self-service storage shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall be screened
from view from adjacent
properties pursuant to Sec. 9.7, Screening
, except where storage units are not visible off-site and all access to individual storage units are from corridors internal to the building
.
Vehicle
sales, leasing, and rentals shall be permitted in accordance with the use table in Sec. 5.1, subject to the following:
1. All junked or inoperable vehicles
or equipment shall be within a completely enclosed building
.
2. Vehicle
or equipment repairs made on-site shall be subject to the restrictions of paragraph 5.3.4V, Vehicle
Service, and Vehicle
Service Limited.
3. Adequate on-site area shall exist for the loading and unloading of vehicles
from car carriers to ensure that no such loading or unloading occurs in any public right of way.
4. Vehicle
sales, leasing, and rental facilities, except in the CI and Design districts, shall meet the following landscaping standards instead of those in Sec. 9.8, Vehicular Use
Area Landscaping:
a. Trees shall be planted at the rate of one tree per 50 linear feet of display area perimeter, and shrubs at the rate of one shrub per five linear feet of display area perimeter, unless a project boundary buffer
pursuant to Sec. 9.4, Project Boundary Buffers, is required between the edge of the display area and the property line or right-of-way
.
b. Plants can be grouped together, provided that a contiguous growing area as specified in The Landscape Manual for Durham, North Carolina, not encroached
upon by impervious pavement, shall be provided for each planted tree. Sidewalks shall be permitted to encroach
on sites within the Urban, Compact Neighborhood, and Downtown Tiers when a critical root path system is implemented pursuant to the Landscape Manual.
c. Plantings shall be located in an area adjacent
to the display area, and between the display area and the property line; and shall meet the requirements for size and proximity to the display area as set for vehicular use areas in paragraph 9.8.1C, Standards, excluding paragraph 9.8.1C.7.
d. Shrubs shall not be required between a right of way (except an alley
) or access easement
and the display area if the display area is more than 50 feet from the right-of-way
or access easement
.
5. Vehicle
sales, leasing, and rental facilities in the CI and Design districts shall meet the requirements of paragraph 9.8.4, Vehicular Use
Area Landscaping in the CI and Design districts.
6. The provisions of Sec. 7.5, Outdoor Display, shall not apply. No vehicles
shall be displayed in required landscaping or in rights-of-way.
7. (County Only) Within the SRP-C District, the following shall apply:
a. Paragraphs 1 through 3 shall apply.
b. The requirements within paragraph 9.8.4, Vehicular Use
Area Landscaping in the CI and Design districts, shall apply instead of those found in paragraph 4, above.
c. Paragraph 6 shall apply.
d. Only indoor vehicle
sales facilities shall be permitted. No outdoor vehicle
storage or sales are allowed.
e. Off-site loading and unloading is permitted in association with indoor sales.
Vehicle
service (minor or major) shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Fuel pumps shall be at least 15 feet from property lines, and the number of fueling stations shall be the same as those allowed pursuant to paragraph 5.3.4G, Convenience Stores
with Gas Sales.
2. Any repair, servicing, maintenance or other work on vehicles
shall be conducted within an enclosed structure
.
3. No outdoor storage shall be allowed.
4. No more than two inoperable motor vehicles
per service bay, with a total maximum of ten regardless of the number of service bays, shall be kept on-site at any time.
5. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Cleanup procedures for spills occurring inside and outside the building
;
b. Counter measures for use in preventing spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Wash-down water shall not be permitted to enter the stormwater
collection system.
6. Existing vehicle
service (full or limited) facilities that were in operation prior to January 1, 1994, and do not comply with the provisions above, shall:
a. Provide an opaque screen
(a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen
all outdoor operations of the vehicle repair shop
, including vehicle
storage, from off-site views, including views from rights-of-way and adjoining properties.
b. Additional screening
shall not be required if no operations are visible from off-site.
c. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.
Veterinary clinics
, animal hospitals
, and kennels
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No outdoor runs, kennels
, or storage shall be allowed in PDR or Design districts. (County Only) No outdoor runs, kennels
, or storage shall be allowed in the SRP-C District.
2. A 300-foot separation shall be maintained between the outdoor areas where animals are kept and any property line of any adjacent
residential use in a residential district
.
3. A minimum six-foot tall wall shall be installed and maintained between outdoor areas where animals are kept and any property line of an adjacent
residential use in a non-residential district.
4. Within the S2 sub-districts of the CD and CSD Districts, Kennels
shall not be permitted.
5. In the RR District, parking located between the structure
and the street shall be set back at least 25 feet from the right-of-way
.
Conference centers, retreat houses
, event venues
, or banquet halls shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. If available, housing and meals shall be provided for participants and caretakers only.
2. Parking shall not be located in the street yard
.
Asphalt plants and other facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The boundary of the property shall be at least 1,500 feet from any residential use or zone.
2. The use shall be totally enclosed by a security fence or wall at least eight feet high or enclosed within a fire proof building
.
3. All plans shall be reviewed by Fire and Emergency staff prior to approval in order to determine that existing services provide adequate protection for citizens.
Concrete manufacturing plants shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall not be within 1,500 feet of property zoned residential, however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,500-foot measurement.
2. The property shall not be adjacent
to an existing hospital
, day care facility, educational facility, place of worship
, convalescent center, or assisted living center.
3. The site shall be at least four acres in area and shall have direct access on a major or minor thoroughfare, or boulevard
.
4. Property boundaries facing public streets shall be fenced with a six-foot-high fence and the fence shall be two-thirds screened
by vegetation at planting.
Hazardous and low level nuclear material
disposal
and storage areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility use shall comply with all applicable State and federal regulations.
2. The facility shall be located at least 1,500 feet from any residential zone.
3. Maps and engineering drawings shall be provided showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within ¼-mile of the property line.
4. The site shall be enclosed by a fence or wall at least six feet high. Entrance and exit shall be through a gate which shall be locked during non-business hours.
Light industrial uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Within any design district, the following light industrial uses shall not be allowed:
a. Equipment rental;
b. Maintenance yard
or facility; and
c. Regional recycling center
.
2. Within the SRP District, the only light industrial uses permitted shall be the manufacture or assembly of equipment, instruments (including musical instruments), precision items, or electrical items.
a. The manufacture or assembly of appliances, toys, or other similar items are not permitted.
b. Outdoor storage for manufacturing is allowed only as an accessory use.
3. No outdoor operations or storage shall be visible from the street.
4. (County Only) Within the SRP-C District, the following light industrial uses shall not be allowed:
a. Equipment rental;
b. Maintenance yard
or facility; and
c. Regional recycling center
.
5. No outdoor storage is permitted in design districts.
6. Light industrial uses shall not be permitted in the S2 sub-district of CD and CSD Districts.
Resource extraction uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The application for the use shall include a plan for restoration procedures and methods to ensure financing of the restoration once the operation ceases.
Transfer stations
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The transfer station
shall only handle waste
that can be legally handled or disposed of in a solid waste
landfill facility. This limitation shall not preclude use of the transfer station
site for collection, processing, storage, and transfer of recyclable materials or for other waste
reduction activities.
2. The transfer station
entrance driveway
shall be located on a major thoroughfare or boulevard
, and located within 2,000 feet of an interstate highway interchange.
3. There shall be at least 500 feet of separation between the transfer station
facility [building
and vehicular use areas adjacent
to the building
] and the nearest residential structure
.
4. The facility shall conform to all applicable State and federal regulations.
Wholesale trade shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
Outside storage or operations shall not be visible from the street.
Wrecking, junk, and salvage yards
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall not be within 1,000 feet of property zoned residential; however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,000-foot measurement.
2. The facilities shall be enclosed by a fence and shall be screened
from view. The fence shall be six-feet high, measured from the lowest point of grade
. The fence shall be maintained in good condition. No stored materials shall be visible from ground level immediately outside the fence.
3. A spill prevention and countermeasures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Cleanup procedures for spills occurring inside and outside the building
;
b. Countermeasures for use in preventing spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwater
collection system.
4. Existing wrecking, junk and salvage yards
that were in operation prior to January 1, 1994, and do not comply with all of the provisions listed above, shall provide an opaque screen
(a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen
the facility from off-site views, including views from rights-of-way and adjoining properties. Additional screening
shall not be required if no operations are visible from off-site. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.
Within the SRP District:
A. Helipads are allowed as an accessory use with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
B. Retail sales and service uses, and restaurants
without drive-through windows, are allowed as an accessory use with the following conditions:
1. No signs
shall be visible off-site.
2. The use shall be located within a building
housing a principal use allowed in the District.
Accessory structures shall be subject to the following additional requirements:
A. The square footage of an accessory structure
shall not be larger than the primary structure
.
1. Accessory structures associated with a single-family
or duplex structure
shall be located to the rear of the front building line
of the primary structure
, with the following limitations and exceptions:
a. Except in the RU and RC Districts, the accessory structure
shall be set back at least five feet from the rear and side property lines.
b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.
c. Accessory structures in the RR District can be located in front of the primary structure
provided that:
(1) It is not located in the street yard
; and
(2) It is on a lot at least two acres in size.
Attached accessory structures are allowed where a single structure
maintains a shared common wall along a side or rear lot line that separates two lots.
(1) This allowance does not supersede any applicable building
code requirements.
(2) This allowance does not supersede placement requirements with respect to primary structures.
2. Accessory structures in Design districts shall be located to the rear of the rear building line
of the primary structure
(s) and shall be subject to the side and rear yard
requirements of those districts.
3. The location of accessory structures associated with Places of Worship
shall not be restricted, with the following exceptions:
a. Except in the RU and RC Districts, the accessory structure
shall be set back at least five feet from the rear and side property lines.
b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.
c. On parcels
less than two acres, accessory structures shall not be allowed in the street yard
between the primary structure
and the right‐of‐way. On corner lots, this restriction shall only apply to one street yard
, at the discretion of the applicant.
d. For parcels
in the Urban and Downtown Tiers, no more than 75% of the site may contain accessory structures. For parcels
in all other tiers, no more than 50% of the parcel
may contain accessory structures.
4. Accessory structures for all other development
not listed above shall be located to the side or rear of the primary structure
, but not within side or rear yards
. For developments
with more than one primary structure
, the primary structure
located closest to the right-of-way
shall be used to locate the accessory structure
.
5. On corner lots, one of the two street yards
may be developed
using the side yard
(single) standard of the base zoning district.
6. On flag lots, an accessory structure
may be located in front of the primary structure
.
C. The maximum height of an accessory structure
shall not exceed the greater of a) two stories
and 32 feet or b) the height of the primary structure
in feet.
D. Within Special Flood Hazard Areas and Future Conditions Flood
Hazard Areas, an accessory structure
shall not exceed 1,000 square feet in area and shall meet the following criteria:
1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
2. Accessory structures shall not be temperature-controlled;
3. Accessory structures shall be designed to have low flood damage potential;
4. Accessory structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards;
6. All service facilities such as electrical shall be installed in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards; and
7. An accessory structure
with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing
certificate. Elevation or floodproofing
certifications are required for all other accessory structures in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards.
E. In addition to the requirements in paragraphs A, B, and D, accessory structures in Design districts shall comply with the following standards:
1. The height of the structure
shall not exceed the lesser of 3 stories
or 40 feet and shall not exceed the primary structure
in height; and
2. The structure
shall be compatible with the primary structure
in style, materials, roof form, and details.
Accessory dwellings shall be subject to the following additional requirements:
Accessory dwellings shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood
Hazard Areas.
1. An accessory dwelling unit
shall be allowed as follows:
a. On a residential lot developed
with one or two primary dwelling units
. Only one accessory dwelling shall be allowed.
b. For certain civic uses as indicated in Sec. 5.2, Use
Categories, provided that:
(1) Multiple accessory dwelling units
shall be allowed for paragraph 5.2.4H, Place of Worship
, limited by standards set forth in paragraphs 5.4.1 and 5.4.2. For all other civic uses as indicated in Sec. 5.2, no more than three units shall be allowed.
(2) The units can be located anywhere on the lot and shall comply with the minimum yard
requirements applicable to primary structures.
(3) The maximum size of each unit shall be 1,000 square feet on a single story
and 1,200 heated square feet total. There shall be no maximum for collective square footage across multiple accessory dwelling units
.
(4) No additional parking is required.
(5) No special use permit is required. Place of Worship
shall not need a special use permit for the accessory dwelling even if it does not have a special use permit for its primary use.
(6) Projects consisting of more than 20 units shall be subject to Site Plan
Review.
c. Density
limits shall not apply to accessory dwelling units
.
d. If a primary dwelling is a single‐family residence, an accessory structure
may be a duplex, so long as the total heated sf of the Accessory Dwelling Unit
(ADU) does not exceed 1,200 square feet for both units combined.
2. The accessory dwelling can be located within the primary structure
(attached) or separate (detached) from the primary structure
.
3. A nonconforming accessory structure
can be renovated or reconstructed to an accessory dwelling.
Commentary: Depending upon the scope of the project, a special use permit pursuant to Sec. 14.4, Nonconforming Improvements and Structures, or a variance
pursuant to Sec. 3.14, Variance
, may be required.
4. The heated floor area
of the accessory dwelling shall not exceed 1,000 square feet on a single story
and 1,200 square feet total, except in the RR District, where the heated or air-conditioned floor area
can be a maximum of 50% of the primary dwelling heated or air-conditioned floor area
on lots of four acres or larger. However, in no instance shall the floor area
of an accessory dwelling unit
equal or exceed the floor area
of the primary structure
.
Commentary: Accessory dwelling units
are required to meet all applicable building
and housing codes.
5. Use
of a travel trailer or recreational vehicle
(RV) as an accessory dwelling shall be prohibited within a residential district
or on property devoted to residential use, except that use of a travel trailer or RV during temporary visits of two weeks or less shall be allowed.
6. No parking is required for an accessory dwelling.
a. For detached accessory dwelling units
, the maximum height for accessory structures shall apply.
b. Accessory dwellings that are an addition to the primary structure
shall conform to the applicable height limits for the primary structure
.
c. Height limits shall not be considered if the accessory dwelling is only a conversion of existing space within the primary structure
.
A. Non-commercial, amateur, ham radio or citizen’s band antenna
supporting structures, antennas
or antenna
arrays with an overall height less than 50 feet in Residential districts
or with an overall height less than 70 feet in all other zoning districts can be developed
, if in accordance with the following additional requirements.
1. Towers and support structures shall meet the setback
requirements for accessory structures for the zoning district in which the proposed facility shall be located, or 100% of the tower height, whichever is greater.
2. The applicant shall commit in writing that the facility will be erected in accordance with manufacturer's recommendations.
B. Non-commercial, amateur, ham radio or citizen’s band antenna
supporting structures, with a height greater than as provided above shall be regulated in accordance with paragraph 5.3.3N, Wireless Communication
Facilities for Transmitting and Receiving Electronic Signals.
Home occupations
shall be allowed within any residential use subject to the following regulations:
The following requirements shall apply to all home occupations
:
1. No display of goods, products or services shall be visible off site.
2. Only handmade items, foodstuffs, and crafts made on the premises can be offered directly for sale. No goods, products or commodities bought or secured for the express purpose of resale shall be sold at retail or wholesale on the premises. Catalog and electronic business orders may be received for goods, products or commodities bought or secured for the express purpose of resale at retail and wholesale when the products are received and shipped from the premises to fulfill catalog or electronic business orders.
3. Traffic and parking associated with the use shall not be detrimental to the neighborhood or create congestion on the street where the home occupation
is located.
4. Vehicles
used primarily as passenger vehicles
shall be permitted in connection with the home occupation
. Only one commercially licensed vehicle
shall be allowed, except in the RS-20 and RR districts, where up to two heavy equipment
vehicles
can be permitted. All heavy equipment
vehicles
associated with a home occupation
permit shall be screened
from view from adjoining properties and the public right of way.
5. No equipment or process shall be used in connection with the home occupation
that creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable off-site.
6. No hazardous materials
can be manufactured, stored, processed or disposed of on the premises.
7. The home occupation
shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupation
shall not exceed 30% of the floor area
of the livable portion of the dwelling.
8. An accessory structure
or an accessory dwelling can be used for all or a portion of the floor area
of the home occupation
but the combined total square footage devoted to the home occupation
shall not exceed the limits described in paragraph A.7 above.
9. Internal alterations or construction modifications not customary in dwellings and exterior modifications to the dwelling to accommodate the home occupation
shall be prohibited except to meet the accessibility requirements of the Americans with Disabilities Act.
Commentary: Use
of an accessory structure
for a home occupation
may require modification of the structure
to meet the habitable space requirements of the Building
Code. If outside employees are associated with the home occupation
, modifications to an accessory structure
or accessory dwelling may also be required to comply with the Americans with Disabilities Act.
10. Tutoring or instructional services shall have no more than five students at one time.
The following requirements shall apply to all home occupations
located on properties zoned Residential Rural District (RR) containing at least 10 contiguous acres in addition to the provisions of paragraph A, above:
1. In addition to persons
residing on the premises, up to three nonresident employees can be engaged in the home occupation
.
2. If a home occupation
is located within an accessory structure
or dwelling, the accessory structure
or dwelling shall not be located closer to the front property line than the closest side of the primary dwelling to the front property line; nor closer to the side property line than the closest side of the dwelling to the side property line or 100 feet, whichever is a lesser distance, and not closer than 75 feet to the rear property line.
3. The home occupation
can include outdoor uses or activities. Any areas used for outdoor activities shall be at least 250 feet from any property line and shall also be closer to the principal dwelling on the site than to any dwelling on an adjoining site.
4. Any home occupations
utilizing these provisions shall be required to cease operations if the parcel
size is reduced to less than 10 acres.
In all districts other than RR, or in RR-zoned properties less than 10 acres, the following standards apply in addition to the standards of paragraph A above:
1. Only persons
residing on the premises and up to one nonresident employee can be engaged in the home occupation
.
2. No outside storage use or activity, except parking, required recreation areas for child care centers in residences, and for instructional services that require an outdoor facility such as a swimming pool for swim classes, shall be associated with the home occupation
.
Telecommuting
shall not be considered a home occupation
.
Junk vehicles
shall be prohibited within a residential district
or on a property devoted to residential use, except that junk vehicles
owned by an occupant of the dwelling and stored within an enclosed building
so that they are not visible from an adjacent
property or a public right-of-way
may be allowed. Within the Rural Tier, junk vehicles
may also be screened
with a permanent enclosure to meet this standard.
Storage of a manufactured home shall be prohibited within a residential district
or on property devoted to residential use, unless the manufactured home is lawfully permitted pursuant to Sec. 5.1, Use Table, or paragraph 5.5.2F, Manufactured Homes.
Commentary: On-site recycling facilities and public recycling drop-off sites
should not be confused with recycling centers
, which are much larger regional centers that process recyclables. Examples of on-site recycling facilities include cardboard or aluminum can be recycling bins. Public recycling drop-off sites
include facilities located in church or school parking lots
where the public may deposit recyclables.
A. Recycling facilities and drop-off sites shall be permitted as an accessory use in all nonresidential districts and multifamily
residential property.
B. The drop-off site shall be kept free of litter, residue and debris by the party responsible for the maintenance and management of the drop-off facility.
C. Recycling drop-off sites
shall be located at least 50 feet away from adjoining residentially zoned property.
D. The drop-off site containers shall be durable, waterproof, covered and of uniform color. The name and phone number of the party responsible for maintenance shall be posted on the container.
E. [City Only] Notwithstanding the other provisions of this section, unattended clothing donation containers are prohibited unless located at the operational site of a company or organization that collects used clothing for resale or donation as a primary business function. An unattended clothing container is any box, bin, dumpster, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the sponsoring company or organization is present to accept donations. Prohibited clothing donation containers that exist at the time this section is adopted shall be removed within 30 days of adoption.
Satellite dishes (earth stations) that are less than one meter (39.37 inches) in diameter in residential districts
and less than two meters in diameter in all other zoning districts shall be exempt from the standards of this section. Satellite dishes exceeding these dimensions shall be subject to the following additional requirements:
A. A Minor Special Use
Permit issued in accordance with Sec. 3.9, Special Use Permit, shall be required.
B. If attached to a roof or building
, a letter certifying the roof’s and building
’s structural stability shall be written and sealed by a licensed engineer, prior to any approval of a roof-mounted satellite earth station.
C. No commercial messages shall be placed on the dish.
Commentary: In-ground and above-ground pools are subject to any applicable public health and building
code requirements.
When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and have a surface area of at least 100 square feet shall be subject to the following additional requirements:
Private swimming pools (as well as the decking and equipment associated with the pool) located on any residential lots with the exception of those described in paragraph B below, shall not be located between the street and the principal structure
unless located to the rear of the primary structure
, and shall not be closer than five feet to any property line.
1. Except for roof-top pools, outdoor pools including decking shall be located at least 100 feet from any property line adjacent
to a single-family
residential district
or use. For purposes of this paragraph, a district or use that is across a public right-of-way
shall not be considered adjacent
.
2. When the pool is adjacent
to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement shall not apply when a permit has been issued for a special event.
3. All outdoor pools shall be enclosed by a fence. The exterior walls of buildings can be incorporated as a portion of the fence to create a fully enclosed area around the pool.
a. All fence points of ingress/egress shall be equipped with self-closing and self-latching gates.
b. The fence shall be at least four feet in height with a maximum opacity
of 50%.
Vehicle
sales shall be prohibited within a residential district
or on property devoted to residential use, except that the sale of a private vehicle
registered to the occupant of the residence shall be allowed. No more than one such vehicle
shall be displayed at a time.
The purpose of this section is to authorize and provide standards for the keeping of domesticated chickens
. It is intended to enable residents to responsibly keep a small number of female chickens
on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.
“Chicken
,” “Chicken
Coop,” and “Chicken Pen
” are defined in Sec. 17.3, Defined Terms.
The maximum number of chickens
allowed is 10 per lot, regardless of how many dwelling units
are on the lot. Only female chickens
are allowed. There is no restriction on chicken
breeds.
1. Eggs, chicks, adult chickens
, and processed chickens
shall not be sold. Chicken
manure and compost using chicken
manure shall not be sold or otherwise distributed.
2. Produce
on which chicken
manure from the permitted chickens
has been used as fertilizer, or on which compost made with such manure has been used, shall not be sold.
A chicken coop
and chicken pen
shall be provided. Chickens
shall be secured in the chicken coop
during non-daylight hours. During daylight hours chickens
can be located in the chicken pen
and can be located outside of the pen in a securely fenced yard
or chicken
tractor/portable pen if supervised by an adult person
.
Notwithstanding the location requirements of paragraph 5.4.1, Accessory Structures, chicken coops
shall be located at least 15 feet from any property line or public right-of-way
, and chicken pens
shall be located at least five feet from any property line or right-of-way
.
a. Except as required in paragraph 1, above, the chicken coop
shall comply with the requirements of paragraph 5.4.1, Accessory Structures.
b. The coop shall be enclosed with solid material on all sides and have a solid roof and door(s). An existing shed or garage can be used for a coop.
a. The chicken pen
shall be constructed of wood or metal posts and wire fencing material.
b. The pen shall be covered with wire, aviary netting, or solid roofing.
1. The chicken coop
, chicken pen
, and surrounding area shall be kept in a sanitary condition at all times.
Commentary: The chicken coop
should provide adequate security, ventilation, and shelter
from moisture and temperature extremes. Chickens
should have access to feed and clean water at all times, and such feed and water shall be inaccessible to rodents, wild birds, and predators. Chickens
should be provided adequate bedding in the chicken coop
and perches are encouraged.
2. All manure, uneaten feed, and other trash shall be removed in a timely manner and disposed of in a sanitary manner.
3. The requirements of Chapter 70, Utilities, Article V, Stormwater
Management and Pollution Control, shall apply. All necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites shall be performed.
4. Slaughter and other processing of chickens
shall be conducted in accordance with Small Flock Management Resources guidance provided by the Poultry Science Division of the North Carolina Cooperative Extension/North Carolina State University College of Agriculture and Life Sciences. Slaughter shall not be visible from any adjacent
property, public area, or right-of-way
. If a chicken
dies from causes other than slaughter, it shall promptly be placed into a plastic bag, which shall be closed securely and disposed of with household waste
.
1. No more than two cubic feet of chicken
manure shall be stored, for use as unprocessed fertilizer. All other manure shall be disposed of or composted. All stored manure shall be completely contained in a waterproof container.
2. Any compost using chicken
manure shall be produced
in an enclosed backyard composter.
Commentary: Be aware that unprocessed chicken
manure may contain pathogens that can be transmitted to produce
on which it is used as fertilizer. A proper mix of materials and maintaining a temperature of at least 131 degrees Fahrenheit for at least three consecutive days is necessary to destroy pathogens in compost.
1. If required by the United States Postal Service (USPS), CBUs for residential developments
shall meet or exceed the standards of the USPS and meet the following additional requirements. In case of regulatory conflicts, any requirement of the USPS shall supersede regulations of this Ordinance.
2. In case of conflict with accessory structure
requirements pursuant to paragraph 5.4.1, Accessory Structures, the requirements of this section shall apply.
1. CBUs shall be located as follows:
a. Within a primary building
, such as an apartment building
, or an accessory facility serving the development
such as a clubhouse;
b. Stand-alone within 25 feet of the parking area servicing such buildings or facilities; and/or
c. Located along right-of-way
and common access drives at least 50 feet interior to the development
.
2. CBUs can be located in open space
or in a common access easement
. The area of each CBU located in common open space
shall count towards any required open space
for the development
.
1. The number of motor vehicle
parking spaces
shall be provided per location, which shall include at least one space meeting handicap accessibility requirements.
Number of Mailboxes per Location | Minimum Number of Parking Spaces |
|---|---|
50 or less | 2 |
51 – 80 | 3 |
80 – 110 | 4 |
111 or more | 4 plus 1 per each additional 25 mailboxes |
2. No parking is required for CBUs located within a facility with parking or within 25 feet of a parking area serving another facility.
a. Such facilities include, but are not limited to, clubhouses, leasing offices
, and parking bays designated for visitor parking.
b. Such parking areas shall include a designated handicap accessible parking space
in a location meeting USPS requirements.
a. Walkways or sidewalks shall connect CBUs to parking areas and the overall walkway and sidewalk system of the development
.
b. All CBUs shall be accessed by walkways or sidewalks meeting handicap accessibility width and paving requirements.
A solar energy system
shall be an allowed accessory use serving a principal use within any zoning district.
A. The maximum allowed time period for a Temporary Use
Permit is 45 days, unless otherwise specified below. A Temporary Use
Permit can be renewed for an additional 45 days, unless otherwise specified below.
B. No more than one permit and one renewal shall be issued for any temporary use on a property within a 12 month period, unless otherwise specified below.
C. Unless otherwise specified below and regardless of whether a temporary use permit is required, a temporary use shall not be located in required parking, or landscaping or vegetated areas; shall not obstruct
pedestrian or vehicular access or circulation; and shall not obstruct
access to fire hydrants or connections.
A carnival shall only operate between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 8:00 a.m. and 11:00 p.m., Friday and Saturday.
Carnivals shall not be permitted in residential districts
. All facilities associated with a carnival shall be located at least 100 feet from the property line of the closest residential property or use.
No carnival shall be permitted for any period longer than 10 days.
Christmas tree sales lots shall require a temporary use permit if located in a residential district
.
No Christmas tree sales lot requiring a permit shall be permitted for any period longer than 60 days.
Circuses shall not be permitted in residential districts
. All facilities associated with a circus shall be located at least 100 feet from the property line of the closest residential property or use.
Temporary Use
Permits for a circus shall not be granted for any period longer than 10 days.
Temporary buildings used for the management of a construction site can be permitted as a temporary use incidental to construction being performed in accordance with a valid building permit
. Manufactured homes are permitted during construction for this use.
The temporary buildings shall be removed prior to the issuance of a final certificate of compliance
for the construction project, or upon the expiration of the building permit
associated with the construction project.
LCIDs shall comply with all applicable local, State, and federal regulations.
The total disposal
area shall be less than two acres is size.
The permit shall be valid for five years from the date of issuance. One renewal of the permit, for a maximum of an additional five years from the original expiration of the permit, can be issued.
A farmers market
t can operate with a temporary use permit as follows:
1. Unless prohibited within the committed elements
of a development plan
, farmers markets
s are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worship
, park, community service facility, or government facility.
2. Temporary use permits are valid for one year and can be renewed on a yearly basis by providing the same documentation that demonstrates compliance with Ordinance standards as done with the original issuance.
3. In addition to the requirements of Sec. 3.12, Temporary Use Permit, the following shall be required:
a. On-site presence of a market manager during all hours of operation.
b. All vendors shall be producers
, as defined in Sec. 17.3, Defined Terms.
c. All products sold shall be food or beverage products, farm products
, or value-added farm products
.
d. Provisions for recycling and waste
removal. All recycling and waste
shall be removed from the premises by the termination of tear-down.
e. Hours and days of operation:
(1) Hours of operation shall be allowed between 7 a.m. and 9 p.m. but shall not exceed five hours per day. One and one-half hours before and one and one-half hours after the hours of operation are permitted for set-up and tear-down.
(2) A market shall not operate more than two days per week.
(3) An additional day per week or two additional hours per day are permitted three times a year to accommodate holidays or special events.
f. Signs
: Signs
are permitted as follows:
(1) Signs
erected only during market hours:
(a) No sign
permit is required.
(b) One sign
per street frontage
is allowed.
(c) The maximum sign
area per sign
is 24 square feet.
(d) Signs
shall be set up only during the hours between the start of set-up and the end of tear-down.
(e) Sec. 11.3, Prohibited Signs
, shall apply.
(2) Permanent signs
:
Permanent signs
shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage plan
of the overall development
site hosting the market. If no common signage plan
exists for the host site, a common signage plan
shall be required.
a. During hours of operation, the minimum motor vehicle
parking requirements for outdoor markets, pursuant to paragraph 10.3.1A.1, Minimum, shall be provided. If the zoning district has no minimum parking requirement, then no minimum parking shall apply.
(1) Except as allowed via off-site parking pursuant to paragraph (2) below, all parking shall be on-site. Required parking spaces
of the host property shall be permitted to count towards required market parking so long as a document signed
by the property owner
and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spaces
during the hours of operation of the farmers market
t.
(2) Off-site parking up to 500 feet away, measured from property line of the parking area to the property line of the market site, can satisfy parking requirements subject to the following:
(a) Such parking areas shall be under the same control (by ownership or lease) as the host property or farmers market
t. A copy of the deed or lease agreement shall be provided to demonstrate compliance with this requirement.
(b) A pedestrian safe route exists connecting the parking site and the market site, consisting of sidewalks, traffic-controlled crossings of right-of-way
, with no crossing of freeways
or expressways
.
Class A or B manufactured homes are be permitted as temporary residences following a fire or natural disaster.
Such manufactured homes shall be located to the rear of the site unless site conditions make such location impractical.
Temporary Use
Permits for manufactured homes can be granted for the period of construction, but shall not be valid for longer than thirty days after a Certificate of Compliance
is received for the permanent structure
.
Class A, B, or C manufactured homes are permitted as temporary residences in the RR District while construction of a new dwelling is actively underway. A Class C manufactured home shall require certification by a Professional Engineer that it is safe and habitable in order to be permitted.
Any manufactured homes used for this purpose shall be located to the rear of the site unless site conditions make such a location impractical.
The manufactured home shall not be permitted for periods longer than 12 months, though such permits may be renewed one time, if valid building
permits have been issued for the site, to provide an additional 12 months of use on the site. The manufactured home shall be removed from the site when construction ceases, even if the permit has not expired.
Class A or B manufactured homes may be permitted as temporary accessory dwellings to provide custodial care.
Manufactured homes used for this purpose shall only be permitted in residential districts
on sites developed
with a single-family
residence. The manufactured home shall be located to the rear of the primary structure
and shall maintain all required setbacks
of the district.
(1) The manufactured home shall not be permitted for periods longer than 24 months, but can be renewed for additional 24-month periods.
(2) The manufactured home shall be removed once it is determined that custodial care is no longer required.
The following shall be provided with an application for custodial care:
(1) A notarized document specifying that direct custodial relationship exists between the occupants of the manufactured home and the house.
(2) A physician’s note indicating custodial care is necessary.
Mobile communication towers permitted as temporary uses shall not exceed 125 feet in height.
A temporary use permit can be issued only for the following purposes and timeframes.
a. Mobile communication towers associated with temporary events shall be permitted for no more than seven days. No extension shall be granted.
b. For instances when an existing, freestanding WCF loses functionality due to damage to the facility, a mobile communication tower may be permitted for no more than 60 days. One extension for an additional 60 days is allowed. This shall not apply to government-owned mobile communication towers required due to a declared state of emergency pursuant to paragraph 5.3.3N.2, Exemptions.
Garage or yard
sales in residential districts
shall not require a temporary use permit provided they comply with the following requirements:
(1) No sales activities occur except in daylight hours on no more than two consecutive days.
(2) No display or storage of goods occurs outside except on the day of the sale.
No more than four sales occur on any single site in any calendar year, with a minimum period between sales of three months.
Commentary: For outdoor sales located within the public right-of-way
, consult the regulations within the City of Durham Code of Ordinances.
a. Temporary outdoor sales shall be limited to property within commercial zoning and Design districts.
b. Except for mobile food vendors in DD District, only one vendor shall occupy a parcel
at one time unless a temporary use permit is issued for the vendor.
c. The maximum area for the temporary use shall be 400 square feet, unless solely for sales of Christmas trees, pumpkins, or fireworks.
d. A temporary use permit shall be required for temporary outdoor sales except for the following:
(1) Mobile food vendors within the DD District or on construction sites;
(2) Mobile vendors, other than those within the DD District or construction sites, that are occupying private property and set up once per day for a maximum of four hours;
(3) Mobile ice cream vendors;
(4) Outdoor displays in compliance with Sec. 7.5, Outdoor Display and Storage; or
(5) Sales of home grown produce
.
A portable on-site storage unit is any container designed for the storage of personal
property and for transport by commercial vehicle
that is typically rented to owners
or occupants of property for their temporary use. A portable on-site storage unit is not a building
or structure
.
(1) Associated with a Building Permit![]()
A portable on-site storage unit can be located anywhere on a residential property without a temporary use permit while the property is the job address listed on an active building permit
issued by the Durham City-County Inspections Department.
(2) No Building Permit![]()
A portable on-site storage unit shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.
A temporary dumpster is for the sole purpose of collecting and removing refuse generated from the same property of the dumpster location.
(1) Associated with a Building Permit![]()
A temporary dumpster can be located anywhere on a residential property without a temporary use permit while the property is the job address listed on an active building permit
issued by the Durham City-County Inspections Department.
(2) No Building Permit![]()
A temporary dumpster shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.
(3) Number Allowed
Only one dumpster shall be allowed per residence.
Except as authorized above, a portable on-site storage unit or temporary dumpster for a single-family
residence shall be located in the driveway
or at least five feet from any property line behind the front building line
of the primary structure
.
Except as authorized above, a portable on-site storage unit or temporary dumpster for any residential housing type other than a single-family
residence shall be located in an on-site vehicular use area and shall not obstruct
any drive aisle or block
any required parking space
.
The longest dimension of a portable on-site storage unit, or the longest aggregate dimension of multiple units, shall not exceed 20 feet.
A temporary use permit shall be limited to a maximum of 30 days. Such permit can be renewed one time for a maximum of 30 days provided renewal occurs prior to expiration of the original temporary use permit.
Structures associated with government activities shall be incidental to a permanent use or building
located on the site.
Except for modular school classrooms, the temporary public facility
can be located within street yards
, but not within any required parking or landscape area. An all-weather surface shall be provided for access to the temporary public facility
.
Except for modular school classrooms, the temporary public facility
shall not be permitted for periods longer than three years, although the permit can be renewed once for up to an additional 24 months.
When modular classroom units are needed to accommodate additional enrollment at a public school facility, a temporary use permit can be issued subject to the following:
a. Documentation provided by the applicant verifies the units are needed to accommodate additional student enrollment;
b. Documentation provided by the applicant specifies the anticipated amount of time needed for the modular units;
c. A stormwater
impact analysis (SIA) provided by the applicant, to be reviewed and approved by the City Public Works Department, or the County Engineering Department, as applicable, shall be submitted when units are proposed on a pervious surface. Improvements determined necessary based upon an approved SIA shall be installed prior to receiving a Certificate of Compliance
for the modular units;
d. Documentation provided by the applicant that demonstrates the existing parking facilities can accommodate the additional classrooms, or additional parking spaces
shall be provided, per Article 10, Off-Street Parking and Loading;
e. The temporary use permit shall be valid for one year, and can be renewed on a yearly basis provided the same documentation demonstrating conformance to Ordinance requirements is submitted.
Temporary facilities used as real estate sales or leasing offices
or model homes may be located within new residential development
.
Such facilities shall be required to meet all setback
requirements of the underlying zoning district and shall not be used as residences.
A facility permitted as a temporary real estate sales or leasing office
shall be removed upon completion of sales or leasing in the residential development
.
1. Special events of a civic, religious, or nonprofit nature shall include, but are not limited to, outdoor concerts, markets, and festivals. Such events shall not require a temporary use permit if located on public property.
2. If an event requires a permit, the issuance period shall be a once every six months period instead of the 12-month period referenced in paragraph 5.5.1, General.
a. Temporary healthcare structures shall comply with the provisions for such structures pursuant to NCGS § 160D-915, as amended.
b. Connection to public or private water and sewer systems shall comply with all applicable City, County, and State regulations.
a. Temporary healthcare structures are allowed for one 12-month period. The temporary use permit can be renewed on an annual basis as long as compliance with all applicable regulations is documented and a renewal of a doctor’s certification is provided.
b. Removal of the structure
shall comply with NCGS § 160D-915, as amended.
a. The temporary structure
shall be permitted only while construction activities are being performed.
b. The temporary structure
(s) are allowed for up to 24 months and the permit can be renewed one time to provide an additional 12 months of use on the site.
c. The temporary structure
shall be removed from the site when construction ceases, or the building permit
expires, whichever occurs first.
Temporary structures shall be located on the site and shall comply with all setback
requirements of the district, and shall not be placed within required landscaping.
Tents used as temporary uses require permits from the fire marshal’s office
as well as a temporary use permit.
5 Use Regulations
Z “P” in the use table indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable requirements of this Ordinance, including restrictions and prohibitions within an approved development plan
of record for the property under consideration. They are not subject to the limited use standards found in Sec. 5.3, Limited Use
Standards.
An “L” indicates that a use shall be permitted by right; provided, that the use meets the additional requirements imposed by the referenced section in the “Notes” column of the table. These could include appropriate limited use standards set forth in Sec. 5.3, Limited Use
Standards, and, for residential uses, the intensity standards imposed in Article 6, District Intensity Standards; the design standards imposed in Article 7, Design Standards; and/or Article 16, Design Districts. Such uses are subject to all other applicable requirements of this Ordinance, including restrictions and prohibitions within an approved development plan
of record for the property under consideration.
An “M” (Major) or “m” (minor) indicates that a use is only allowed where approved as a special exception by the appropriate approving authority in accordance with the procedures set forth in Sec. 3.9, Special Use Permit.
a. Special uses are subject to all other applicable requirements in this Ordinance, including the additional listed use standards in Sec. 5.3, Limited Use
Standards, except where expressly modified by the approving authority as part of the special use approval.
b. A special use permit shall not be required if an approved development plan
exists for the site and the specifications on the development plan
comply with paragraph 3.5.6D.10, Uses and Minor/Major Special Use
Permits; or the development plan
also serves as a site plan
or preliminary plat
pursuant to paragraph 3.5.6F, Development Plan
as Site Plan
/Preliminary Plat
. This allowance shall not apply to text-only development
plans.
A stacked addition symbol (“‡”) indicates that a use is allowed through approval of a development plan
submitted in accordance with Sec. 3.5, Zoning Map Change, or if not in conflict with an existing development plan
for the property under consideration. For planned districts without a development plan
(a zoning designation resulting from translational zoning from previous zoning ordinances), the stacked addition symbol (“‡”) shall be considered Permitted (P).
A blank cell in the use table indicates that a use is not allowed in the respective district.
Characteristics, principal uses and accessory uses of the various use categories are found in Sec. 5.2, Use
Categories.
The “Notes” column on the use table is a cross-reference to the applicable limited use standards in Sec. 5.3, Limited Use
Standards, and, for residential uses, the intensity standards in Article 6, District Intensity Standards and the design standards imposed in Article 7, Design Standards.
RESIDENTIAL | NONRESIDENTIAL | PLANNED | DESIGN | NOTES: | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| USE CATEGORY | SPECIFIC USE | RR | RS | RS-M | RU | RU-M | RC | CI | CN | OI | CG | SRP | SRP-C3 | IL | I | PDR | UC | CC | IP | MU | DD | CD | CSD | |
|
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Agriculture | All agriculture, except as listed below | L | L |
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| |
P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
| ||
Commercial crop | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ||
L | L | L | L | L | L | L | L | L | L | L |
| L | L | L | L | L | L | L |
| L | L | |||
Agriculture (County Only) | Bona fide farms | Bona fide farms |
| |||||||||||||||||||||
RESIDENTIAL USES |
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| |||||||||||||||||||
Household Living | L | L | L | L | L | L |
| L | ‡ |
|
|
| ‡ | L | L | L | 6.2.1, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.7, 7.1.2, 7.1.3, 7.1.4, 7.1.5, Art. 16 | |||||||
L | L | L | L | L | L |
| L |
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| ‡ |
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| ‡ | L | L | L | 6.2.2, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.5, 6.11.7, Art. 16, 7.1.7 | ||
L | L | L | L | L | L | L | L | L | L |
| L |
|
| ‡ |
| ‡ L |
| ‡ | L | L | L | 6.2.2, 6.3.2, 6.4.2, 6.5.2, 6.10.2, 6.11.3, 6.11.5, 6.11.7, 7.1.8, 7.1.9, Art. 16 | ||
L | L | L | L | L | L | L | L | L | L |
|
| L |
| L ‡ |
|
|
| L ‡ |
| L | L | 5.3.2C, 6.2.1, 6.3.2, 6.4.2, 6.5.2, 6.9.1, 6.10.2, 6.11.3, 6.11.7, 7.1.2 | ||
Manufactured home | L |
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| ‡ L |
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Upper story |
|
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| L | L | L | L |
| L |
|
| ‡ |
| ‡ L |
| ‡ | L | L | L | ||
Group Living | All group living, except as listed below |
|
| m | m | m | m | m | m |
| m |
|
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| ‡ m |
|
|
| ‡ m | m |
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m | m | m | m | m | m | P | P/L/m | P/L/m | P/L/m |
| P |
|
| ‡m | ‡ | ‡ |
| ‡ | P | P | P | |||
Commercial dorm |
|
| L/m |
| L/m | L/m | L/m | L/m |
| L/m |
|
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| ‡ L |
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|
| L | L/m | L/m | ||
|
| L/m | L/m | L/m | L/m | L | L | L | L |
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| ‡ L/m |
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| ‡ L/m | L | L | L | |||
| L/m | L/m | L/m | L/m | L/m | L | L | L | L |
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| ‡ L/m |
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| ‡ L/m | L | L | L | |||
|
| m | m | m | m | P | P | P | P |
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| ‡ m |
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| ‡ | P | P | P |
| ||
PUBLIC AND CIVIC USES |
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Community Service
| All community service, except as listed below | P | P | P | P | P | P | P | P | P | P |
| P |
|
| ‡ |
| ‡ |
| ‡ | P | P | P |
|
Auditoriums |
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|
| L | L | L | P |
|
|
| ‡ L | ‡ L |
| ‡ L | P | L | L | ||
Clubs and lodges | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L | L | L | L |
| ‡ L/m |
| ‡ L | ‡ L | ‡ L | L | L | L | ||
L/m | L/m | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L |
|
|
| ‡ L | ‡ L |
| ‡ L | L | L | L | |||
Shelter | P | L/m | L/m | L/m | L/m | L/m | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Care Center | All Care Centers, except as listed below | L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L | L | L | L |
| ‡ L/m | L | ‡ L |
| ‡ L | L | L | L | |
Drop-in or short-term care |
|
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|
| P | P | P | P | P | P | P |
| ‡ |
| ‡ L |
| ‡ L | P | P | P |
| |
Educational Facilities | School, primary or secondary |
|
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| P | P | P | P | P | P | P |
| ‡ L/m | ‡ | ‡ | ‡ | ‡ | P | P | P | |
| M | M | M | M | M | P |
| P | P | P | P | P |
| ‡ M | ‡ | ‡ | ‡ | ‡ | P | P | P |
| ||
Vocational, trade or business schools |
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| P | P | P | P | P | P | P |
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| ‡ | ‡ | ‡ | P | P | P |
| |
Government Facilities | All government facilities, except as listed below | L/m | L/m | L/m | L/m | L/m | L/m | P | P | P | P | L | P | P | P | ‡ L/m |
| ‡ | ‡ | ‡ | P | P | P | |
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| L/M | L/M |
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| ‡ L/M | ‡ L/M |
| L/M |
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Medical Facilities | All medical facilities, except as listed below |
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| P | P | P | P |
| P | P |
| ‡ |
| ‡ | ‡ | ‡ | P | P | P |
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| P |
| P | P |
|
| P |
|
| ‡ | ‡ |
| ‡ | P | P | P |
| ||
Parks and Open Areas | All parks and open areas, except as listed below | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | L | L | L | |
Cemeteries | L | L | L | L | L |
|
|
| L | L |
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| L |
| ‡L |
| ‡L | ‡L | ‡L | L | L | L | ||
Passenger Terminals | All passenger terminals, except as listed below | M |
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| M | L |
| M | M |
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Rail and Bus terminals |
|
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| M | M | P |
| P | P | P | P | P | P |
|
| ‡ | ‡ | ‡ | ‡ | P | L | L | ||
L/m | L/m | L/m | L/m | L/m | L/m | P | P | P | P |
|
| P |
| ‡ L/m | ‡ | ‡ | ‡ | ‡ | P | P | P | |||
Social Service Institutions | All social service institutions |
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| M |
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| M |
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| ‡ M | M |
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Utilities | Major utilities | L/m | L/m | L/m | L/m | L/m | L/m |
| L/m | L | L | L | L | L | L | ‡ L/m |
| ‡ L | ‡ L |
| m | M | M | |
Minor utilities | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | P | P | P |
| |
TV/HDTV/AM/FM Broadcast Antennae | L/m |
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| L/m | L/m | L/m | L/m |
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| ‡ L/m |
| L/m |
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| ||
Wireless Communication | L | L | L | L | L | L | L | L | L | L | L | L | L | L | ‡ L | ‡ L | ‡ L | ‡ L | ‡ L | L | L | L | ||
Unipole | L/M 1 /m | L/M 1 /m |
|
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| L/M 1 |
| L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 |
| ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | L/M 1 | L/M 1 | L/M 1 | ||
| L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 /m 2 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | L/M 1 | ‡ L/M 1 /m 2 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | ‡ L/M 1 | L/M 1 | L/M 1 | L/M 1 | |||
Wireless Communication Facility, Freestanding | L/M 1 /m | L/M 1 /m |
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| L/M 1 /m | L/M 1 /m | L/M 1 /m | L/M 1 /m |
| L/M 1 /m | L/M 1 /m | L/M 1 /m | L/M 1 /m | L/M 1 /m |
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COMMERCIAL USES |
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Indoor Recreation | All indoor recreation, except as listed below |
|
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| P | P |
| P |
| P | P |
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| ‡ | ‡ | ‡ | P | P | P |
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| L/m | L |
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L/m |
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| L | L | L | L | L | L | L |
| ‡L | ‡ | ‡ L | ‡ L | ‡ L | L | L | L | |||
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| L |
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| L |
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| ‡ L |
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Firing range |
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| L |
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| L | L |
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| ‡ L |
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Nightclub or bar |
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Shelter | P | L/m | L/m | L/m | L/m | L/m | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Outdoor Recreation | All outdoor recreation, except as listed below | L/m |
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Campground | m |
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Drive-in theatre |
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Firing range | L/M |
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Golf course | L | L | L | L | L |
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Marina | M |
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Paintball | L/m |
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Stadium, arena |
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Overnight Accommodations | Hotel, motel, and extended stay residences |
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L/m | L/m | L/m | L/m | L/m | L/m | L | L | L | L |
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Diet house |
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Parking, Commercial | All commercial parking |
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All restaurants |
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Retail Sales and Service | All retail sales and service, except as listed below |
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| ‡ | L | ‡ |
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Antique shop | L |
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| P |
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Art, music, dance, photographic studio or gallery |
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Convenience store |
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Payday Lenders |
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L |
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Self-Service Storage | All self-service storage |
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Vehicle | Manufactured home sales |
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Vehicle |
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Vehicle | Car wash |
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All offices |
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| L | 5.3.4I | ||
Research and Development |
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INDUSTRIAL USES |
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Heavy Industrial | All heavy industrial, except as listed below |
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Asphalt plant |
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Concrete manufacturing plant |
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Hazardous and low-level nuclear disposal |
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Wrecking, junk, and salvage yards |
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Light Industrial Service | All light industrial service, except as listed below |
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Resource Extraction | All resource extraction |
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Warehouse and Freight Movement | All warehouse and freight movement |
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Waste-Related Service | All waste-related services, except as listed below |
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Wholesale Trades | All wholesale trade |
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1. If located within 300 feet of a designated North Carolina Scenic Byway. 2. To determine which freestanding concealed or unipole 3. County Only | ||||||||||||||||||||||||
1. The use categories found in the use table in Sec. 5.1, Use Table, are set forth in this section. Specific uses may be further defined in Article 17, Definitions.
a. If a use is not specifically set forth in the use category in this section the Planning Director, or designee, shall determine if the use is similar to a specific use in accordance with this section. Where such similar specific use is subject to limited use standards or special use permit approval, the proposed use shall also be subject to such standards or approval.
b. If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office
, or industrial) to apply the unspecified use.
(1) The same criteria in paragraph 5.2.1C, Use Not Specifically Listed, shall be used except for criteria #14.
(2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”.
Use
categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
Determination of the appropriate use group and similar specific use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time-to-time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate group and category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.
1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
2. The relative amount of site area
or floor space and equipment devoted to the activity;
3. Relative amounts of sales from each activity;
4. The customer type for each activity;
5. The relative number of employees in each activity;
6. Hours of operation;
7. Building
and site arrangement;
8. Types of vehicles
used and their parking requirements;
9. The relative number of vehicle
trips generated;
10. Signs
;
11. How the use is advertised;
12. The anticipated impact on surrounding properties;
13. Whether the activity is likely to be found independent of the other activities on the site; and
14. When considering appropriate districts for a use not listed in the use table, the district intent statements in Article 4, Zoning Districts, shall be taken into consideration.
Developments
with multiple principal uses shall conform to the following:
1. When all principal uses of a development
fall within one Use
Category, the entire development
shall be assigned to that Use
Category;
2. When the principal uses of a development
fall within different Use
Categories, each principal use shall be classified in the applicable Use
Category and each use shall be subject to all applicable regulations for that Use
Category.
1. The “Principal Uses” portion of each use category lists principal uses common to that use category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself.
Commentary: A use that calls itself “Wholesale Warehouse,” but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
2. Facilities proposed in support of a principal use, including, but not limited to, parking, access, and stormwater
facilities, shall be considered part of the principal use and, unless otherwise authorized within this Ordinance, comply with the same zoning permissibility for the principal use per Sec. 5.1, Use Table. Connections to public utilities
shall be excluded from this requirement.
Commentary: Parking for a school, for example, must be located within a zoning district that would allow for the school. If the zoning district had limited use standards and/or required a special use permit, the proposed parking must also comply with those requirements.
Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in these regulations. Some listed accessory uses can also be considered accessory structures. No accessory use shall be established on a site without a principal use.
The “Uses Not Included” portion provides cross-references to uses that may appear to be part of a particular category, but that are explicitly handled in a different use category.
Characteristics: Characterized by uses that create or preserve areas intended primarily for the raising of animals and crops | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal raising including horses, hogs, cows, sheep, goats, and swine, poultry, rabbits, and other small animals, fish hatchery, aquaculture, dairying, personal Greenhouse or nursery not engaged in retail trade, floriculture, horticulture, pasturage, row and field crops Livestock Riding academy or boarding stable | Ancillary indoor storage Animal (including poultry) processing, packing, treating, and storage, provided that these activities are accessory and secondary to normal agricultural activity Associated offices Auction ring Barns, garages, sheds, silos, stables (noncommercial) Sales of agricultural products grown or raised on the premises Docks, noncommercial | Animal waste Commercial feed lots (see Heavy Industrial) Livestock Processing of food and related products (see Heavy Industrial) Solid or liquid waste Housing for ranch or farm Resource Extraction Limited Agriculture (City Only) |
| Characteristics: Residential occupancy of a dwelling unit | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Manufactured Home, Class A or B, manufactured home park Multiplex, apartment Single-family Upper-story residential | Accessory dwelling unit Accessory structure Ancillary indoor storage Children’s play area or equipment Greenhouse or nursery not engaged in retail trade In-house care for six or fewer persons Private community center Private garage, barbecue pit, carport, tool or garden shed, storage unit, swimming pool Docks, noncommercial Limited Agriculture (City Only) | Bed and breakfast Group Home Independent Living Facility Congregate Living Facility Nursing or convalescent house (see Group Living) Residential assisted living facility not having individual dwelling units |
Characteristics: Residential occupancy of a structure | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Orphanage Commercial dorm, fraternity or sorority Hospice, nursing, or convalescent house Monastery, convent Retirement center or life care community without individual dwelling units
| Ancillary indoor storage Associated offices Food preparation and dining facility Recreational facility Staff residence | Alternative or post-incarceration facility (see Social Service Institutions) Age-restricted dwelling units Bed and breakfast Family care home Membership club or lodge Treatment center, transient lodging or shelter |
Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education, training, support, or counseling to the general public on a regular basis, with a limited residential component. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Auditorium Club or lodge Library Neighborhood arts center or similar community facility (public) Senior center Social service facility, food pantry or meal center, shelter Union hall | Ancillary indoor storage Associated office Food preparation and dining facility Arts and crafts, day care, therapy area Indoor or outdoor recreation and athletic facility Limited retail sales (internal) Meeting area | Athletic, tennis, swim or health club (see Retail Sales and Service) Church, mosque, synagogue, temple (see Places of Worship Counseling in an office Membership clubs and lodges (see Indoor Recreation) Park (see Parks and Open Areas) Private community center (see Household Living: Accessory Use Treatment center, transient lodging or shelter |
Characteristics: Uses providing care, protection, and supervision for children or adults on a regular basis licensed by the North Carolina Department of Health and Human Services, as applicable. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Adult Care Center Child Care Center, Pre-school | Associated office Food preparation and dining facility Health, arts and crafts, and therapy area Indoor or outdoor recreation facility | Counseling in an office Child Care Center in Residence On-site school or facility operated in connection with a business or other principal use where children are cared for while parents or guardians are occupied on the premises (see appropriate category under Accessory Use |
Characteristics: Public and private (including charter or religious) schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Business, truck driving, vocational, trade and other commercial schools College, community college or university Nursing or medical school not accessory to a hospital Public, private and charter schools Seminary
| Adult continuing education program Ancillary indoor storage Associated office Auditorium, theater Cafeteria or other food service Day care Dormitory Health facility Housing for students or faculty Laboratory Maintenance facility Meeting area Play area, recreational or sports facility Support commercial, internal (college-operated bookstore, for example) | Care Center as a primary use Dance, art, music or photographic studio or classroom (see Retail Sales and Service) Driving (see Retail Sales and Service) Martial Arts (see Retail Sales and Service)
|
Characteristics: Offices | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
City, county, state, or federal government office Correctional facilities Emergency services, fire, sheriff or medical station | Ancillary indoor storage Associated offices Auditorium, meeting room Cafeteria Day care Holding cell, infirmary Limited fueling facility | Educational facility (see Educational Facilities) Maintenance facility (see Light Industrial Service) Parks (see Parks and Open Areas) Solid or liquid waste Utilities (see Utilities) |
Characteristics: Uses providing medical, mental health, or surgical care to patients. Some uses may offer overnight care. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Acupuncture, chiropractor, massage therapy office Blood plasma donation center Medical center Medical clinic Medical laboratory Medical office Rehabilitation clinic Urgent care or emergency medical office | Ancillary indoor storage Associated office Cafeteria Care Center Chapel, ancillary worship space Housing for staff or trainees Limited internal support retail Maintenance facility Meeting area Out-patient clinic Pharmacy Recreational facility | Adult establishment Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service Institutions) Nursing or medical school not accessory to a hospital
|
Characteristics: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Botanical garden, nature preserve, recreational trail Cemetery Game preserve, wildlife management area, refuge, wild animal sanctuary, water conservation area Park Reservoir, control structure Zoo | Campground Concessions Dock, pier or wharf (noncommercial) Indoor or outdoor recreation facility (public) Maintenance facility Play equipment Research or similar lab facilities Single residential unit for caretaker or security purposes Swimming pool, tennis court, ballfield (public park | Campground Crematorium (see Light Industrial Service) Firing ranges Golf course Golf driving range, miniature golf facility (see Indoor Recreation) Membership club, lodge (see Indoor Recreation) Park maintained by residents (see Community Service) Water park (see Outdoor Recreation) Water tower, tank, standpipe (see Utilities) |
Characteristics: Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bus terminal Rail passenger terminal | Ancillary indoor storage Associated office Concession Freight handling area Fueling facility Limited internal retail Maintenance facility | Park-and-ride facility (see Parking, Commercial) Taxi dispatch center (see Retail Sales and Service) |
Characteristics: Places of assembly that provide meeting areas for religious practice. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Church, mosque, synagogue, or temple | Ancillary indoor storage Associated office Columbaria, memorial garden Day care Food services, dining area, food pantry or meal center Meeting room/classroom for meetings or classes not held on a daily basis | Athletic, tennis, swim or health club (see Retail Sales and Service) Educational facility (see Educational Facilities) Neighborhood arts center or similar community facility, public (see Community Service) Private community center (see Household Living: Accessory Use Revival or gospel tent (see Sec. 5.5, Temporary Uses) Senior center (see Community Service) Social service facility (see Social Service Institution) Treatment center, transient lodging, shelter |
Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to those programs. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Alternative or post-incarceration facility, exclusive care and treatment for psychiatric, alcohol, or drug problems where patients are residents and more than 12 patients are housed | Adult educational facility Ancillary indoor storage Associated office Day care Food services and dining area Meeting room Staff residences located on-site | Cemetery Congregate care facility with individual units that meet the definition of a dwelling unit Educational facility (see Educational Facilities) Family care home Group home Philanthropic institution Residential assisted living facility without individual dwelling units |
Characteristics: Public or private infrastructure serving a limited area with no on-site personnel (Minor Utility) or the general community and possibly having on-site personnel (Major Utility). | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
MAJOR UTILITIES: Waste MINOR UTILITIES: AM/FM/TV/HDTV broadcast facility Electrical substation Gas meter and regulator stations Telephone exchange, water or wastewater pump station Wireless Communication | Control, monitoring, data or transmission equipment Associated storage | Maintenance yard TV and radio studio (see Office Reservoir or water supply (see Parks and Open Areas) |
Characteristics: Generally commercial uses, varying in size, providing daily or regularly scheduled entertainment-oriented activities in an indoor setting. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bar Bowling alley Conference center Gymnastic facility, indoor sports academy Indoor firing range Membership club and lodge Movie or other theater | Ancillary indoor storage Associated office Concessions, indoor or outdoor Food preparation and dining area Pro shop or sales of goods related to the on-site activities of the specific use | Athletic, tennis, swim or health club (see Retail Sales and Service) Outdoor entertainment (see Outdoor Recreation) |
Characteristics: Commercial uses, varying in size, providing daily or regularly scheduled recreation or entertainment-oriented activities. Such activities may take place outdoors or within a number of structures. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Campground Drive-in theater Firing range Golf course Marina Outdoor entertainment activity such as batting cage, golf driving range, amusement park, miniature golf facility, swimming pool, tennis court or water park Paintball Skateboard or BMX bicycle park Stadium or arena, commercial amphitheater, ballfield | Ancillary indoor storage Associated offices Caretaker or security person Classroom Clubhouse Concessions Day care facility Equipment storage Food preparation or dining area Maintenance facility Pro shop or sales of goods related to the on-site activities of the specific use Rain shelter | Athletic, tennis, swim or health club (see Retail Sales and Service) Botanical garden, nature preserve (see Parks and Open Areas) Indoor recreational facility (see Indoor Recreation) |
Characteristics: Residential units arranged for short term stays of less than 30 days for rent or lease. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Hotel, motel, inn, extended-stay facility, bed and breakfast Diet House Residency or Single Room Occupancy Hotel | Ancillary indoor storage Associated offices Food preparation and dining facility Laundry facility Meeting facility Off-street parking Recyclable material storage (temporary) Swimming pool, other recreational facility | Campground Hunting/fishing camp, dude ranch (see Outdoor Recreation) Patient overnight accommodations (see Medical Facilities) Transient lodging, shelter Recreational vehicle RV park |
Characteristics: Facilities that provide parking not accessory to a specific use for which a fee may or may not be charged. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Short- or long-term stand-alone parking facility | Structure | Bus barn (see Warehouse and Freight Movement) Sale or servicing of vehicles |
Characteristics: Establishments that prepare and sell food for on- or off-premise consumption. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Restaurant Caterer located in a restaurant | Ancillary indoor storage Associated offices Deck, patio for outdoor seating or dining Valet parking facility | Bar |
Characteristics: Companies or individuals involved in the sale, lease or rental of new or used products, or providing personal | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
SALES-ORIENTED: Convenience store Outdoor market Store selling, leasing or renting consumer, house, and business goods including alcoholic beverages, antiques, appliances, art supplies, baked goods, bicycles, books, cameras, carpet and floor coverings, crafts, clothing, computers, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gasoline, gifts, groceries, hardware, house improvement, household products, jewelry, medical supplies, musical instruments, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce PERSONAL Art, music, dance, or photographic gallery or studio Athletic, tennis, swim or health club Bulk mailing service Caterer not located in a restaurant Dry-cleaning or laundry drop-off facility, laundromat Funeral home or mortuary Hair, nail, tanning, and personal Payday lenders or check cashing services Photocopy, blueprint, and quick-sign service Psychic or medium
| Ancillary indoor storage Associated offices Car wash at a convenience store Food preparation and dining area Manufacture or repackaging of goods for on-site sale Public recycling drop-off site Residential unit for security purposes (single unit) Storage of goods
| Adult videos (see Indoor Recreation) Any use that is potentially dangerous, noxious or offensive to neighboring uses in the district or those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause (see Heavy Industrial) Car wash, except at a convenience store Crematorium (see Light Industrial) Food service contractor Laundry or dry-cleaning plant (see Light Industrial Service) Repair or service of motor vehicles Restaurant Sale or rental of machinery, equipment, heavy trucks, building |
Characteristics: Facilities providing separate storage areas for personal | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Mini-warehouse Multistory enclosed storage facility Storage garage | Associated office Outside storage of boats and campers On-site recycling facility On-site residential unit for security purposes (single unit) | Rental of light or medium trucks (see Vehicle Storage area used as manufacturing use (see Light Industrial Services) Storage area used for sales, service, and repair operations (see Retail Sales and Service) Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (see Warehouse and Freight Movement) |
Characteristics: Direct sales of passenger vehicles | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Manufactured housing sales Vehicle | Ancillary indoor storage Associated offices Incidental sale of parts Single-bay, automatic car wash Vehicle | Convenience store Retail sale of farm Vehicle |
Characteristics: Direct service to passenger vehicles | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Car wash | Ancillary indoor storage Associated offices Incidental sale of parts Single-bay, automatic car wash Towing Vehicle Vehicle | Convenience store Retail sale of farm Vehicle Maintenance yard |
Characteristics: Activities conducted in an office | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Advertising office Bank Counseling in an office TV or radio studio Utility office Research and development | Ancillary storage Cafeteria Day care Health facility Meeting room On-site day care, school or facility where children are cared for while parents or guardians are occupied on the premises Other amenity for the use of on-site employees Internal support retail Restaurants | Conference center Contractor Office Urgent care or emergency medical office
|
Characteristics: Firms engaged in the fields of research and development | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Research, testing, and development Research‐related manufacturing | Accessory medical clinic Ancillary indoor storage Associated office Cafeteria Child Care Center Employee recreational facility Major utilities, such as water towers and electrical substations On‐site repair facility Outdoor storage, storage of hazardous and nuclear materials Residential unit for security purposes (single unit). | Sale or rental of machinery, equipment, heavy trucks, building Small‐scale catering establishments (see Restaurants |
Characteristics: Firms engaged in the manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Building Clothing or textile manufacturing Commercial bakery Crematorium Equipment rental Exterminator Food Service Contractor Janitorial and building Laundry, dry-cleaning, and carpet cleaning plants Maintenance yard Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items or electrical items, and toys Microbrewery Movie production facility Photo-finishing laboratory Printing, publishing, and lithography Production of artwork Repair of scientific or professional instruments, electric motors Sheet metal shop Sign-making Soft drink bottling Storage area used for manufacturing Welding, machine, tool repair shop Woodworking, including cabinet makers and furniture manufacturing | Accessory medical clinic Ancillary indoor storage Associated office Cafeteria Day care Employee recreational facility On-site repair facility Residential unit for security purposes (single unit) | Caterer (see Restaurants Manufacture and production of goods from composting organic material (see Waste-Related Service) Outdoor storage yard Sale or rental of machinery, equipment, heavy trucks, building |
Characteristics: Firms involved in the storage or movement of goods for themselves or other firms. Goods are delivered to other firms or the final consumer with little on-site sales activity to customers. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Bulk storage Bus barn Outdoor storage yard Parcel Stockpiling of sand, gravel, or other aggregate materials Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred | Ancillary indoor storage Associated office Cafeteria Daycare Employee recreational facility Outdoor storage yard Residential unit for security purposes (single unit) Truck fleet parking and maintenance area | Bulk storage Mini-warehouse, multi-story enclosed storage facility, storage garages (see Self-Service Storage) Solid or liquid waste |
Characteristics: Characterized by uses that receive solid or liquid wastes | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal waste Landfill, incinerator Manufacture and production of goods from composting organic material Recyclable material storage, including construction material | Ancillary indoor storage Associated office Off-street parking On-site refueling and repair Recycling of material Repackaging and shipment of by-products | Stockpiling of sand, gravel, or other aggregate materials (see Warehouse and Freight Movement) |
Characteristics: Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Mail-order house Sale of building Wholesaling of food, clothing, auto parts, and building | Accessory medical clinic Ancillary indoor storage Associated offices Cafeteria Day care Minor fabrication services Product repair Repackaging of goods Residential unit for security purposes (single unit) Warehouse | Store selling, leasing, or renting consumer, house or business goods, wholesale club (see Retail Sales and Service) Warehouse, freight movement (see Warehouse and Freight Movement) Warehouse or wholesale club (see Retail Sales and Service) |
Characteristics: Firms involved in industrial and manufacturing-related activities that often have significant environmental impacts or require special measures to ensure compatibility with adjoining properties. The uses emphasize industrial businesses, and sale of heavier equipment. Factory production and industrial yards | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Animal processing, packing, treating, and storage, livestock Asphalt plant Concrete manufacturing plant Hazardous or low-level nuclear material Railroad freight yard Sale of farm Wrecking, junk or salvage yard | Associated offices Cafeteria Product repair Repackaging of goods Warehouse, storage | Animal waste Repair and service of motor vehicles Store selling, leasing, or renting consumer, house, and business goods (see Retail Sales and Service) |
Characteristics: Characterized by uses that extract minerals and other solids and liquids from land. | ||
|---|---|---|
Principal Uses | Accessory Uses | Uses Not Included |
Drilling for oil or natural gases Extraction of sand, gravel or minerals, borrow Quarries | Ancillary indoor storage Associated offices Equipment storage | Solid or liquid waste Stockpiling of sand, gravel, or other aggregate materials (See Warehouse and Freight movement) |
Agricultural uses
in the City, and in the County if not otherwise exempted from zoning regulation by State statute, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following standards:
1. In the RS-20 District, all agricultural uses
shall be allowed. In all other RS districts, only apiculture
, commercial crop
production, and forestry
are allowed.
2. For on-site sales as an accessory use pursuant to paragraph 5.2.2, Agricultural Use
Categories, no parking spaces
associated with the retail sales are required when no permanent structures used for the purpose of sales are proposed.
3. Except in RR and RS-20 districts, aquaponics and aquaculture are prohibited.
4. Sites shall be designed and maintained to prevent fertilizer, compost, soils, and any other materials from spilling and/or draining onto adjacent
property, streams
, and public or private stormwater
collection systems.
5. The sale of compost is prohibited.
Forestry
activities in the City shall be conducted in conformance with a Forest Management Plan which uses the current best management practices set out in “Forest Practice Guidelines Related to Water Quality,” as adopted by the North Carolina Department of Environmental Quality.
Commercial dorms shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site plan
shall include an approved floor plan showing the number of rooms and the proposed number of tenants. The floor plan shall be kept on file with the Inspections Department.
Congregate living facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Residential suites or assisted living units without cooking facilities shall be permitted to be constructed at the same density
as the base density
for dwelling units
with each room or suite considered a dwelling unit
.
2. Facilities with the following on-site common use facilities dining, recreation, health care, a convalescent center, and multifamily
units; shall not exceed 1½ times the allowed multifamily
base density
of the district, with each unit counted separately, except in the DD District where there is no limit on the multifamily
base density
.
3. Facilities with the following on-site common use facilities dining, recreation, health care, and a convalescent center; shall not exceed two times the allowed base density
for the district, with each room or suite considered a dwelling unit
, except in the DD District where there is no limit on the multifamily
base density
.
4. Density
limits indicated above may be exceeded with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
Family
care and group home
facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. Family care home
facilities shall be separated by a minimum of 1,125 linear feet.
b. Measurements shall be made as a straight line measurement from the closest point on the property line of each family care home
facility.
a. The facility shall meet all State requirements, and all applicable housing and building
code requirements.
b. The facility shall be separated by a minimum 1,125 linear feet from a group home
or family care home
facility. Measurements shall be made as a straight line measurement from the closest point on the property line of each facility.
Class A and Class B manufactured homes shall be permitted in accordance with the use table in Sec. 5.1, Use Tables, subject to the following:
Class A Manufactured Homes shall meet or exceed the following criteria:
a. The manufactured home shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.
b. The manufactured home shall have a minimum of 960 square feet of enclosed and heated living area per dwelling unit
.
c. The pitch of the roof of the manufactured home shall have a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction.
d. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.
e. The exterior siding shall consist predominantly of vinyl or aluminum horizontal siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.
f. The manufactured home shall be set up in accordance with the standards set by the North Carolina Department of Insurance. Except as otherwise required per NCGS §160D-910, screening
of the foundation area shall be by a continuous, permanent masonry foundation or masonry curtain wall in accordance with NC Building
Code and Durham Minimum Housing Code regulations, unbroken except for required ventilation and access, and which shall be installed under the perimeter of the manufactured home.
g. Stairs, porches, entrance platforms, ramps, and other means of entrance to and exit from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building
Code, freestanding or attached firmly to the primary structure
and anchored securely to the ground.
h. The moving hitch, wheels and axles, and transporting lights shall be removed.
Class B Manufactured Homes shall meet or exceed the following criteria:
a. The manufactured home shall meet requirements of the North Carolina Department of Insurance for installation and tie-downs.
b. The manufactured home shall be skirted with a durable material that encloses the area between the chassis and the ground. Durable material includes but is not limited to vinyl or masonry.
c. Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building
Code, free standing or attached firmly to the primary structure
and anchored securely to the ground.
d. The moving hitch, wheels and axles, and transporting lights shall be removed.
Manufactured Home Parks
or Subdivisions
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Only Class A or Class B manufactured homes shall be allowed.
2. Any manufactured home sites shall be specified on the approved Development Plan
and manufactured homes shall be permitted only where they have been expressly indicated on the approved Development Plan
.
3. Manufactured house subdivisions
shall show the orientation
of the house to the street in the Development
Plans.
4. Manufactured homes in parks shall maintain a distance of at least 16 feet between manufactured homes. For the purposes of this section, added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home.
5. Supporting uses within a manufactured home park
shall maintain a side yard
of at least 10 feet.
6. Development
Plans for manufactured home parks
and subdivisions
shall show lot layouts, and pedestrian walkways that connect the house with any support facilities.
Co-living
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. For the CN, OI, and CG districts, a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required only for sites within a single-family
or two-family
residential subdivision
.
1. Except in design districts, auditoriums shall not be located adjacent
to residential uses.
2. In design districts, auditoriums shall not be permitted in the S2 sub-district of CD or CSD Districts.
Cemeteries
, columbaria, and memorial gardens shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. In design districts no new cemeteries
shall be allowed.
2. Within design districts, cemeteries
shall not exceed 300 graves in size.
3. Refer to paragraph 7.8.9, Cemeteries
, for additional requirements.
Nonprofit clubs or lodges shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. All structures shall be located at least 30 feet from property lines. This distance can be reduced to the yards
allowed per Sec. 6.9, Nonresidential and Group Living Development
in Residential Districts
, if a masonry wall at least six feet high is provided. The wall shall be located outside of the street frontage
area and maintain the height limitations pursuant to Sec. 9.9, Fences and Walls.
b. Parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
2. No outdoor public address systems shall be allowed.
3. Clubs and Lodges shall not be permitted in the S2 sub-district of the CD and CSD Districts.
Correctional facilities
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. In order to accommodate outdoor recreational facilities and to allow for potential building
expansion, the site size for facilities located outside the DD District shall be a minimum of one acre in area or the minimum of the zoning district, whichever is larger.
2. Facilities within the DD District have no minimum site area
.
3. The facility shall be established at least 650 feet from the nearest property which is residentially zoned or used, except in the DD District where it may be established adjacent
to residential uses but shall be a minimum of 650 feet from the DD District boundary.
4. The facility shall not be established within 1,320 feet of a public or private school, day care, or place of worship
.
5. Site development
shall be in conformance with the landscaping and dimensional requirements of the zoning district.
Child Care Centers shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall meet all applicable State requirements for standards, licensing and inspections.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
3. The facility shall meet the following space requirements if children are the primary clients of the use:
Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1402, as amended.
Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1401,
as amended.
Government facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Following the initial approval of government facilities through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.
2. Administrative approvals of expansions of government facilities shall not waive any conditions of approval of the special use permit.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
4. In the SRP district, the following shall apply to property used for emergency service facilities such as fire, police, EMS, sheriff, or other similar facilities:
a. The parking limitation in paragraph 6.10.1B.2.a(3) shall not apply.
b. The OI district dimensional standards per paragraph 6.10.1, Standards for the CN, OI, and CG Districts, shall apply.
Museums
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall have direct access from a street which is adequately sized to accommodate traffic generated by the museum
.
2. Museums
shall not be permitted in the S2 sub-district of the CD and CSD Districts.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Parks and open areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
On sites greater than two acres, the shrub requirements of paragraph 9.8.3B.3, Shrubs, and paragraph 9.8.2B, Vehicular Use
Areas Visible from Adjacent
Property, shall not apply if the vehicle
use areas are located 100 feet or more from property lines, and at least 25% of the total site area
is left in natural vegetation.
a. For all structures, picnic areas, playgrounds
, and unlighted basketball courts and athletic fields:
(1) Except in Design districts, a 50-foot setback
shall be maintained from property lines adjacent
to residentially zoned or used property.
(2) Design Districts
Except as required for the incidental building
type, a 15-foot setback
shall be maintained instead of the required build-to zone
in paragraph 16.2.1, Building
Placement Standards.
(3) Through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, the setback
may be reduced to as little as ten feet. In addition to the required findings in paragraph 3.9.8A, General Findings, the applicant shall demonstrate that the proposed design provides for equal or better functionality of the park, focusing on factors including but not limited to, proposed building
orientation
and location of amenities in relation to neighboring properties, and physical or environmental constraints.
(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 15-foot setback
shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.
b. For lighted facilities such as tennis courts, basketball courts, and athletic fields:
(1) Except in Design districts, a 100-foot setback
shall be maintained from property lines adjacent
to residentially zoned or used property.
(2) Design Districts
Except as required for the incidental building
type, a 30-foot setback
shall be maintained instead of the required build-to zone
in paragraph 16.2.1, Building
Placement Standards.
(3) Through the issuance of a minor special use permit per Sec. 3.9, Special Use Permits, the setback
may be reduced with measures used to reduce light and glare onto adjacent
residentially zoned or used property. Possible measures include, but are not limited to directional lighting, lower fixture heights, berms, vegetation, and fences. In addition, documentation shall be provided from a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of adjacent
residentially zoned or used properties.
(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 30-foot setback
shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.
Passenger terminals shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Passenger terminals shall not be permitted in the S2 sub-district of the CD and CSD Districts.
Places of worship
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Following the initial approval of a place of worship
through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.
2. Administrative approvals of expansions shall not waive any conditions of approval of the special use permit.
3. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Schools shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Use
permits for public schools shall not be limited as to number of students. Notwithstanding any conditions on existing use permits, public schools may enroll the number of students that they are legally entitled to enroll under State building
codes and other applicable State laws.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennae
/towers that transmit signals for radio and television communications shall be permitted in accordance with the use table in Sec. 5.1, Use Table. They are subject to the requirements of Sec. 3.7, Site Plan Review, Sec. 3.9, Special Use Permit, and the following additional requirements:
1. Any antenna-supporting structure
, equipment enclosures and ancillary structures shall meet the setback
requirements of the underlying zoning district plus an additional six inches for every one foot of antenna
support structure
height.
2. The entire antenna-supporting structure
or tower and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications.
3. Any facility shall be illuminated only in accordance with any applicable FAA requirements to provide aircraft obstruction
lighting. Any such lighting shall not exceed the minimum FAA requirements and shall incorporate the most unobtrusive design allowed (e.g., white flashing lights are prohibited where red lights and painting are allowed).
4. A landscaped buffer
shall surround the base of the broadcast antenna
equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable. Grading
shall be limited only to the area necessary for the new broadcast antenna
.
a. If the proposed broadcast antenna
is the principal use of the property then landscaping per Article 9, Landscaping and Buffering, shall be applicable. Additionally, a buffer
equivalent to that required for an Industrial use adjoining a Residential use shall be provided around the broadcast antenna
equipment compound in the RR district; and a buffer
equivalent to that required for a Light Industrial use adjoining a Residential use around the broadcast antenna
equipment compound in all other districts.
b. If the proposed broadcast antenna
is to be located in front of an existing structure
on the same zone lot, a street buffer
shall also be required.
c. On sites in residential districts
adjoining public rights-of-way an opaque fence consistent with the requirements of Section 9.9 shall surround the broadcast antenna
equipment compound.
5. The only signage that shall be permitted upon an antenna-supporting structure
/tower, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure
, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs
, and property manager signs
(if applicable).
6. New antenna-supporting structures/tower shall be configured and located in a manner that minimizes adverse effects including visual impacts on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration. The applicant shall demonstrate with specific information that alternate locations including existing towers and buildings, configurations, facility types, mass and scale, height, painting, lighting, and materials have been examined and shall justify the proposed alternatives in terms of effects on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration.
Utility facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Utility facilities in residential areas or adjoining residential uses shall maintain residential setbacks
, be fenced (unless totally enclosed within a structure
), and either be screened
from view or designed to have a residential appearance.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
a. Minimize the safety and aesthetic impacts of wireless communication
facilities (WCFs) on surrounding areas by establishing standards for location, setbacks
, structural integrity, and compatibility;
b. Encourage the location and collocation
of wireless communication
equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts; effects upon the natural environment and wildlife; and to reduce the need for additional antenna-supporting structures;
c. Encourage coordination between suppliers of wireless communication
services in the City and County of Durham;
d. Regulate in accordance with all federal and State law applicable to wireless communication
facilities, including the Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and
e. Protect the unique natural beauty and rural character of the City and County while meeting the needs of its citizens to enjoy the benefits of wireless communications
services.
The following shall not be subject to the requirements of this section;
a. Satellite earth stations (satellite dishes).
b. Routine maintenance and/or in-kind replacement on any existing wireless communications
facility that does not include the addition of any new antenna
elements, feed lines
, and/or associated support equipment on the facility or in the equipment compound, or the placement of any new wireless communications
facility.
c. A government-owned wireless communications
facility, upon the declaration of a state of emergency by federal, State, or local government, and a written determination of public necessity by the City or County designee; except that such facility must comply with all federal and State requirements. No wireless communications
facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.
d. Antenna-supporting structures, antennas
, and/or antenna
arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission, unless it qualifies as an eligible facility request
.
e. Temporary mobile communication towers pursuant to Sec. 3.12, Temporary Use Permit, and paragraph 5.5.2H, Mobile Communication Tower.
f. Small wireless facilities
, or any other wireless communication
facility, installed within public right-of-way
and specifically regulated through the City Code, or NCDOT, as applicable. However, any references to this Ordinance by the City Code or NCDOT shall be enforceable regulations.
a. WCFs and associated equipment shall be permitted in accordance with the use table in Section 5.1.
b. Grading
shall be limited only to the area necessary for the new WCF and equipment compound, and access to the facility.
Unless otherwise indicated below, the following shall apply to any site plan
application.
(1) Documentation, sealed by a registered professional engineer with WCF expertise, shall be provided indicating that the new WCF, or modification to an existing WCF, complies with the following. Such compliance shall be maintained throughout the life of the WCF.
(a) That the American National Standards Institute (ANSI) requirements for the proposed improvements are met; and
(b) All applicable building
, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety shall be met.
(2) The owner
of a freestanding WCF shall maintain general liability insurance for the WCF in the amount of at least $1,000,000; and shall, as part of the original site plan
application, site plan
amendments, and subsequent modifications, provide documentation sufficient to demonstrate compliance with this requirement.
(3) Lighting
Lighting shall not exceed the Federal Aviation Administration (FAA) minimum standard. Any lighting required by the FAA shall be of the minimum intensity and the number of flashes per minute (i.e., the longest duration between flashes) allowed by the FAA. Dual lighting standards shall be required and strobe lighting standards prohibited unless required by the FAA. The lights shall be oriented
so as not to project directly onto surrounding residential property, consistent with FAA requirements.
(4) Signage
(a) Commercial messages shall not be displayed on any WCF.
(b) For freestanding WCFs, a warning sign
shall be posted and shall include the contact information of the owner
of the WCF.
(5) Storage
(a) A WCF equipment compound shall not be used for the storage of any excess equipment or hazardous materials
, nor be used as habitable space.
(b) No outdoor storage yard
(s) shall be allowed in a WCF equipment compound.
(6) Interference
A WCF shall not interfere with City and/or County public safety communications, nor shall it interfere with normal radio and television reception.
(a) Documentation shall be provided by an expert in radio frequency interference (RFI) that the proposed WCF, or modification to an existing WCF, will not cause RFI with the City’s and/or the County’s public safety communications equipment
.
(b) When a specific WCF is identified as causing radio frequency interference (RFI) with the City’s and/or the County’s public safety communications equipment
, the following steps shall be taken:
(i) Upon notification by the City and/or County of interference with public safety communications equipment
, the owners
of the WCF equipment shall utilize the hierarchy and procedures set forth in the Federal Communication Commission’s (FCC) Wireless Telecommunications Bureau’s Best Practices Guide. If the WCF owner
fails to cooperate with the City and/or County in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the City and/or County may take steps to contact the FCC to eliminate the interference.
(ii) If there is a determination of RFI with the City’s and/or the County’s public safety communications equipment
, the party which caused the interference shall be responsible for reimbursing the City and/or County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the City and/or County to determine the source of the interference.
(7) Service Providers
The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan
, with documentation provided by the service provider(s).
(8) Pedestrian and Vehicular Movement
No facility, structure
, or associated equipment shall extend into an existing sidewalk or walkway, trail, driveway
, bicycle or other vehicular parking area, or travel lane; or otherwise impede pedestrian or vehicular movement and circulation.

(1) Standards
(a) Height
The top of the WCF shall not be more than 20 feet above the facility to which it is attached.
(b) Setbacks![]()
The facility to which the WCF will be attached shall maintain the normal setbacks
of the zone.
(c) Aesthetics
(i) Concealed, attached WCFs, including cables, antennas
, and accessory equipment, shall be designed to match the existing structural design and color of the facade, roof, wall, light or utility pole, or any other facility to which it is to be affixed.
(ii) Cables, antenna
, and accessory equipment not otherwise camouflaged, as prescribed above, shall be hidden from view by installation interior to a supporting building
or facility, screened
from off-site view, or installed in a location not visible off-site.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.

(1) Standard
(a) Non-concealed, attached WCFs shall only be allowed on transmission towers, and light or utility poles internal to a site and not visible off-site.
(b) The top of the WCF shall be no more than 20 feet above the facility to which it is attached.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.

(1) Standard
The collocation
of additional wireless facilities
on existing, freestanding WCFs shall be consistent with the existing concealment method, if applicable, of the freestanding WCF.
(2) Approval
Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.
“Eligible facility requests” and “substantial changes
” to existing WCFs shall be regulated as follows:
(1) Site plan
approval is required pursuant to Sec. 3.7, Site Plan Review.
(2) For applications that claim “eligible facility request
” status for additional height to a freestanding WCF, a fall zone
impact analysis shall be provided.
(a) The analysis shall include:
(i) A sealed engineering analysis of the fall zone
with the additional height.
(ii) A sealed survey indicating all primary structures and facilities within the fall zone
shall be provided.
(iii) A list of active building
permits with addresses within the fall zone
, or a statement that at time of submittal no building
permits were issued within the fall zone
.
(b) The analysis shall demonstrate the additional height does not impact primary structures or facilities if the support structure
should fail. If the impact analysis demonstrates there are no existing primary structures or facilities, or none pending with an active building permit
, within the fall zone
with the additional height, then the application shall be considered an “eligible facility request
.” Otherwise, the request shall be considered a substantial change
.
(3) If an application qualifies as an eligible facility request
, the modification shall be allowed with an approved site plan
demonstrating compliance with applicable setbacks
and the requirements within paragraph 5.3.3N.3.c, Structural, Operational, and Insurance Requirements.
(4) Eligible facility requests can be incremental, but shall not cumulatively result in creating a substantial change
to the existing WCF.
Example: If 20 feet is the maximum additional height that can be added to a particular existing tower and maintain eligible facility request
status then multiple applications to incrementally increase height can be submitted, so long as the cumulative additional height does not exceed the 20-foot addition maximum.
(5) Measurements for modifications to a WCF in an application that claims an eligible facility request
shall be based from the dimensions of the facility as approved prior to February 22, 2012. The measurements for modifications to all WCFs approved on or after February 22, 2012, shall be based from the dimensions of the facility as originally approved and constructed.
(6) Substantial changes
shall be held to all applicable Ordinance requirements.

(1) Standards
(a) Height
(i) General
Calculations of height shall include the foundation of the wireless support structure
at grade
, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas
.
(ii) In the RR District
The maximum height shall be 120 feet.
(iii) In PDR and All Residential Districts
Other than the RR District
The maximum height shall be limited to 20 feet above the allowable building
height of the underlying zoning district.
(iv) In All Other Districts Pursuant to Sec. 5.1, Use
Table
The maximum height shall be 180 feet.
(b) Setbacks![]()
The following setback
requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.
(i) Setbacks
shall be measured from the base of the wireless support structure
.
(ii) The minimum setback
from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in PDR and residential districts
, a reduction in the minimum setbacks
may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
(iii) The minimum setback
from the centerline of a natural gas line easement
for gas lines measuring eight inches in diameter or greater shall be 120% of the height of the tower, or 85 feet, whichever is greater.
(c) Buffers
A project boundary buffer
of at least 60% opacity
and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.
(d) Fence/Wall
An eight-foot tall, 100% opaque fence or wall, per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.
(e) Required Expansion Capability
(i) Freestanding, concealed and unipole
WCFs less than 120 feet in height shall be engineered and constructed to accommodate at least two antenna
arrays.
(ii) Freestanding, concealed and unipole
WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna
arrays.
(iii) Freestanding, concealed and unipole
WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna
arrays.
(f) Monopines/Faux Trees
A monopine or faux tree
WCF shall be considered concealed if the following criteria are met. If the following criteria are not met, then the proposed WCF will be considered non-concealed for regulatory purposes.
(i) The WCF is incorporated within an existing cluster of trees that measures, after any necessary grading
or clearing for the facility, at least 1,000 square feet with no individual dimension of less than 25 feet. Minimum tree size and tree protection zone
requirements shall be pursuant to paragraphs 8.3.1D.3.a, d, and e, Clusters of Trees.
(ii) Any tree protection zone
located off-site, for existing on-site trees that will be used to meet paragraph 5.3.3N.4.e(1)(f)i, above, shall be permanently protected through a conservation easement
or method that provides similar protection from disturbance.
(iii) The tower shall be designed to match a species located within the existing cluster of trees, with the support structure
to be designed as a tree trunk and antenna
arrays flush-mounted and completely concealed by limbs, branches, and leaves.
(iv) Limbs, branches, and leaves shall cover at least the upper 50% of the support structure
, and shall cover any of the support structure
that extends above the tree line of the cluster of trees.
(2) Approval
In addition to applicable site plan
review, the following approvals are required:
(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required if the proposed WCF is located on a property with residential or PDR zoning, or within 450 feet of property zoned as residential or PDR, and is either:
(i) A monopine or faux tree
, or unipole
, of any height; or
(ii) Any other freestanding, concealed WCF above 60 feet in height.
(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for any freestanding, concealed or unipole
WCF proposed within 300 feet of a designated State of North Carolina Scenic Byway.

(1) Standards
(a) General
(i) In all RR and RS-20 districts, freestanding, non-concealed WCFs shall only be permitted on parcels
with a minimum lot size of five acres.
(ii) Freestanding, non-concealed WCFs shall not be permitted in the RS-8 and RS-10 Districts.
(b) Height
(i) General
Calculations of height shall include the foundation of the WCF wireless support structure
at grade
, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas
.
(ii) In the RS-20 District
The maximum height shall be 55 feet.
(iii) In the RR District
The maximum height shall be 120 feet.
(iv) In All Other Districts Pursuant to Sec. 5.1, Use Table, and the restrictions in paragraph (a) above, the maximum height shall be 180 feet.
(c) Setbacks![]()
The following setback
requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.
(i) The minimum setback
of the WCF from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in residential districts
, a reduction in the minimum setbacks
may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
(ii) The minimum setback
from the centerline of a natural gas line easement
for gas lines measuring at least eight inches in diameter shall be 120% of the height of the tower, or 85 feet, whichever is greater.
(d) Buffers
A project boundary buffer
of at least 60% opacity
and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.
(e) Fence/Wall
An eight-foot tall, 100% opaque fence or wall per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.
(f) Aesthetics
Freestanding, non-concealed WCFs shall be limited to monopole-type wireless support structures
.
(g) Required Expansion Capability
(i) Freestanding, non-concealed WCFs up to 120 feet in height shall be engineered and constructed to accommodate at least two antenna
arrays.
(ii) Freestanding, non-concealed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna
arrays.
(iii) Freestanding, non-concealed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna
arrays.
(2) Approval
In addition to applicable site plan
review, the following additional approval is required.
(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for all freestanding, non-concealed WCFs unless proposed within 300 feet of a designated State of North Carolina Scenic Byway.
(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use
Permit Approval, shall be required for any freestanding, non-concealed WCF proposed within 300 feet of a designated North Carolina Scenic Byway.
a. The following shall be required, as applicable, in addition to the findings required pursuant to paragraph 3.9.8A, General Findings, in order for the approving authority (the Board of Adjustment or governing body, as applicable) to approve the special use permit.
(1) Evidence that it is not reasonably feasible to collocate new antennas
and equipment on an existing wireless support structure
or structures within the applicant’s geographic search ring
. Collocation
on an existing WCF support structure
is not reasonably feasible if collocation
is technically or commercially impractical, or the owner
of the existing WCF support structure
is unwilling to enter into a contract at fair market value
.
(2) That the use of existing facilities would prevent the provision of personal wireless services
in the area of the City and/or County to be served by the proposed WCF.
(3) In determining whether a WCF is in harmony with the area, and the effects on and general compatibility of a WCF with adjacent
properties as specified in paragraph 3.9.8A, General Findings, the approving authority shall consider the aesthetic effects of the WCF as well as factors that mitigate the aesthetic effects.
(a) Documentation of balloon tests and other methodologies used to simulate the height and appearance of the proposed WCF shall be provided by the applicant, along with descriptions of the locations, distances, and vantage points that formed the basis of the simulation(s).
(b) Factors that the approving authority may consider in determining the aesthetic effects of a proposed WCF include:
(i) The protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways, and historic sites;
(ii) The concentration of WCFs in the proposed area; and,
(iii) Whether the height, design, placement, or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact.
b. The approving authority shall not make a determination on the electromagnetic field (EMF) effects of the WCF on the health of the public, as specified in the third finding in paragraph 3.9.8A, General Findings. Documentation that certifies that the facility meets or exceeds applicable American National Standards Institute (ANSI) standards as adopted by the FCC in order to protect the public from unnecessary exposure to electromagnetic radiation shall be sufficient. This shall not preclude other issues regarding the health, safety, and welfare of the public from being considered in order to satisfy the finding.
A balloon test shall be required for all proposed WCFs that require a special use permit.
(1) The balloon shall be at least three feet in diameter and oblong.
(2) The color of the balloon shall be red or orange.
(3) The test shall be within 50 feet of the proposed location of the WCF tower.
(4) The balloon shall be raised to the height of the proposed WCF and stabilized for windy conditions.
(5) The test shall be done during daylight hours and for at least four consecutive hours.
(6) Weather conditions during the test shall be recorded.
(7) Notification
(a) Owners
of property within 600 feet of the property under consideration for a proposed WCF site shall be notified in writing by first class mail, at least 14 days prior to the test date. Measurement shall be made from the property lines of the subject property.
(b) The notification shall include:
(i) The date, time, and location of the test;
(ii) An alternative date and time, as needed;
(iii) A map indicating the location(s) of the test(s); and
(iv) Contact information for the individual(s) requesting the test.
(c) At least one sign
with a minimum dimension of two feet by three feet shall be posted on the site, and be legible and visible along the most prominent right(s)-of-way adjacent
to the property of the proposed WCF site. The posting shall be at least 14 days before the test date. The sign
shall indicate the purpose, and provide the date and time of the test, the alternate test date and time, and the contact information for the individual(s) requesting the test.
(d) A list of the notified property owners
and their properties, a copy of the notification sent to each owner
, and affidavits attesting to mailing and sign
posting per Ordinance standards shall be submitted with the application for the special use permit.
Technical dimensional requirements shall not prohibit or have the effect of prohibiting the provision of personal wireless services
, pursuant to the Telecommunications Act of 1996. Applicants may seek variances
, pursuant to the requirements of Sec. 3.14, Variance
, to technical dimensional requirements that an applicant claims have the effect of prohibiting the provision of personal wireless services
.
Due to the complexity of the methodology or analysis required to review certain applications for a wireless communication
facility, review by a third party expert, the costs of which shall be the responsibility of the applicant and in addition to other applicable fees, shall be required for any special use permit or variance
application, including all supporting documentation. The third party review shall be submitted as evidence to the Board of Adjustment or governing body, as applicable.
If it is determined by the Planning Department that a WCF has been inoperable for at least six consecutive months, the WCF will be considered abandoned. The owner
of the facility shall remove the facility within 90 days of receipt of a notice of abandonment from the Planning Department. After such time has elapsed, if the facility has not been removed, enforcement action pursuant to Article 15, Enforcement, shall commence.
A third-party structural analysis sealed by a registered professional engineer with WCF expertise shall be submitted by the owner
of the facility to the Planning Director, or designee, every five years from the date of the issuance of the certificate of compliance
for the support structure
. The analysis shall certify that the structure
has been inspected pursuant to the applicable building
and safety codes and is structurally sound. If the required structural certification cannot be provided, the Planning Director shall issue a notice of violation
and provide a timeframe to either repair or remove the facility.
Shelters
, and food pantries or kitchens, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Facilities located within another legally established Public or Civic Use
shall not require a minor special use permit.
Adult establishments shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No property associated with the use shall be closer than 1,000 feet to a property line of a residential zone. No building
or structure
associated with the use shall be closer than 50 feet to a property line of an adjacent
nonresidential zone.
2. No property associated with the use shall be closer than 1,000 feet to a pre-existing place of worship
, state licensed day care facility, public or private school, public park
, or library.
3. The minimum straight line distance between the property lines of two adult establishments shall be 2,000 feet. No two adult establishments shall be located within the same building
.
4. Measurements shall be made from the property line of the proposed adult establishment
to the property line or zoning district line as noted above, and from the property line of any separate parking lots
used for the adult establishment
.
Retail sales and service uses shall be permitted in accordance with the use table in paragraph 5.1.2, Use
Table, subject to the following standards:
1. Within the Rural Tier, CG uses shall be limited to a grocery store in areas designated as Village Centers in the Comprehensive Plan
.
2. Within the UC and UC-2 Districts, limited retail uses, such as university-related bookstores and dining facilities located within other buildings, shall be permitted, to the extent that they are designed to serve the on-campus population of the university or college
and not to attract additional traffic to the campus.
Antique shops shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The parcel
on which the shop is located shall be a minimum of five acres.
2. Backlit signs
shall be prohibited.
3. The maximum parking allowed shall be no more than the minimum parking required.
Bed and breakfasts
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. An approved floor plan shall be kept on file with the Inspections Department.
2. An owner
or manager shall reside on site.
3. There shall be no substantial modifications to the exterior appearance of the structure
; however, fire escapes, handicapped entrances and other features required by building
or fire codes can be added to protect public safety.
4. Meals can be available on the premises, depending upon whether the facility qualifies as a “bed and breakfast
home” or “bed and breakfast
inn” per NCGS § 130A-247, and shall be only for guests and employees of the facility. Rooms shall not be equipped with cooking facilities.
5. Parking shall not be allowed in any street yard
.
Car washes shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No storage, repair, or sales of vehicles
shall be allowed on the site.
2. Provisions shall be made for an on-site drainage system to capture water used to wash vehicles
. This water shall be discharged into a sanitary sewer system or another approved on-site system and shall not be discharged into the stormwater
system.
Commercial parking shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Commercial parking in the Downtown and Compact Neighborhood Tiers adjoining single-family
residential development
shall require installation of a wall a minimum of six feet in height along each property line adjacent
to residential development
pursuant to Sec. 9.9, Fences and Walls.
2. Commercial parking shall not be permitted in the S2 sub-district of the CD and CSD Districts.
3. Commercial parking shall only be permitted in the P sub-district of the CD District if buildings surround the parking area so that it is not visible from the public or private right-of-way
or adjacent
property.
Commentary: Parking areas will not be considered visible if they can only be seen by looking along driveways
.
Convenience stores
with gas sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Fuel pumps shall be located at least 15 feet from the property line.
2. No outdoor storage shall be allowed.
3. Storage of vehicles
for 15 days or more shall be prohibited.
4. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Clean up procedures for fuel (or other hazardous material
) spills occurring inside and outside the building
;
b. Counter measures for use in preventing fuel (or other hazardous material
) spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwater
collection system.
5. Within the CN District and the Design districts, the maximum number of fueling stations shall be limited to eight. (County Only) Within the SRP-C district, the maximum number of fueling stations shall be limited to eight.
6. Within the Core sub-districts of the CD and CSD Districts, Convenience Stores
with Gas Sales shall not be permitted.
7. One parking space
per two fueling stations can be credited towards minimum parking requirements per paragraph 10.3.1, Required Motorized Vehicle
and Bicycle Parking, with the following limitations:
a. No more than 50% of required parking spaces
shall be provided at fueling stations.
b. Required handicapped accessible parking shall not be permitted at fueling stations.
8. (County Only) Within the SRP-C District, no fueling pumps or other vehicular areas shall be located between the primary structure
and the street.
Drive-in theaters
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall have access from a major or minor thoroughfare, or boulevard
.
2. The face of the projection screen
shall not be visible from any public street within 1,500 feet.
3. Food sales shall be available to patrons of the drive-in theater
only.
4. Vehicle
areas shall be visually shielded so that lights will not shine onto adjacent
property.
1. Except in the CSD District, drive-through facilities
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
a. Where no street separates the use and residentially zoned property, at least 40 feet of separation shall be maintained between the residential lot line and the drive-through facility
.
b. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans
.
c. Any speaker systems associated with a drive-through facility
shall be designed and located so as not to adversely affect adjacent
uses.
d. Drive-through lanes between the right-of-way
of a roadway and a building
shall require landscaping pursuant to Sec. 9.8, Vehicle
Use
Area Landscaping, if the drive-through lane is within 50 feet of, and visible from, the roadway. Such landscaping shall be installed and maintained along the entire length of the drive-through lane and the adjacent
roadway.
e. (County Only) Within the SRP-C District, no drive-through lanes or other vehicular areas shall be located between the primary structure
and the street.
2. Drive-through facilities
shall be permitted in the Support 1 and Support 2 sub-districts of the CSD District in accordance with the use table in Sec. 5.1 Use
Table, subject to the following:
a. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans
.
b. Drive-through facilities
shall only be permitted for bank or pharmacy uses.
c. Drive-through facilities
shall be limited to one lane and shall not be located in any street yard
or any side yard
.
d. To minimize the visual impact when drive-through facilities
are visible from the street, the facility shall be incorporated into the overall building
design with material selection and design details.
e. Any speaker systems associated with a drive-through facility
shall be designed and located so as not to adversely affect adjacent
uses.
Electronic gaming operations
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Electronic gaming operations
shall not be located on the same property as, and shall be located at least 500 feet from, the following uses:
a. Residential;
b. Place of worship
;
c. Elementary, middle, or high schools;
d. Daycare facilities;
e. Parks; and
f. Other electronic gaming establishments.
2. Measurements shall be made as a straight line measurement from the closest point on the property line of the residential, place of worship
, school, daycare, park, or other electronic gaming uses consisting of buildings or associated parking areas, to the closest point of the property line of the proposed electronic gaming operation
, consisting of either a building
or associated parking area.
3. Alcohol shall not be sold, provided, or consumed.
4. No outside storage or activities are allowed.
5. No lighting that flashes, changes, alternates, or moves shall be visible from the exterior of the establishment is allowed.
6. The maximum number of signs
allowed shall be one.
7. No sign
shall have changeable copy
.
Indoor firing ranges
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The range shall be located at least 200 feet from the property line of any of the following uses: existing dwelling or property holding a valid building permit
for a dwelling, school, day care, or place of worship
.
2. The walls shall be lined with a sound absorbing material certified by an acoustical professional, and any other measures necessary to ensure that the use will not create a nuisance or hazard, shall be implemented.
Outdoor firing ranges
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The use shall be prohibited within the Airport
Overlay. Proposals located within five miles of Raleigh Durham Airport
shall provide a letter from the Airport
Authority indicating that the use will not pose a hazard to aviation.
2. Outdoor ranges shall be prohibited within one mile of existing local airports, heliports
, and helistops
. The location of approved landing and take-off zones beyond the one-mile boundary shall warrant an extension of the prohibition to ensure the safety of aircraft.
3. The property on which the range is located shall be at least 0.5 miles from the property line of any site being used for residential purposes.
4. The property on which the range is located shall be at least 1,000 feet from the property line of an existing school, day care or place of worship
.
5. The distance from any firing point, measured down range in the direction of fire to the nearest property line of the property on which the range is located shall be at least 1,500 feet.
6. The range shall have backstops and embankments which meet the dimensional standards listed below.
The range shall have an earth embankment not less than 25 feet in height and not less than 10 feet in thickness at the top along the entire length of the target line to serve as a backstop. The earth embankment shall retain a slope of 35 degrees from perpendicular or be terraced with timber or log retaining walls. Such embankment shall be topped with an earth filled double fence barricade not less than 15 feet in height and not less than three feet in thickness at the top. The required backstop can be either a natural terrain feature or a manmade earth embankment. In the case of a natural terrain feature, a topographic map at a scale of not less than one inch = 200 feet and two-foot contour intervals showing the terrain feature shall be submitted with the initial application.
All the above standards shall apply except that the overall height shall increase 10 feet for every additional 300 feet or fraction thereof in additional range length.
7. A Suburban Tier buffer
of 80% adjacent
to vacant land, or 100% adjacent
to developed
land, as applicable, shall be required around the perimeter of the site.
8. The entrance and exit to an outdoor firing range
shall be through gates which shall be locked during non-business hours.
9. Conditions of approval that may be considered in the decision to act on a special use permit pursuant to Sec. 3.9, Special Use Permit, include:
a. Limits on hours of operation;
b. Standards for lighting;
c. Requirements for additional landscaping and berming; and
d. Requirements to reduce noise such as installation of firing sheds.
Golf courses
, country clubs, swim clubs, and tennis clubs shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No maintenance building
or clubhouse shall be closer than 100 feet to any residential use.
2. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Hotels, motels, and extended stay residences
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. A minor special use permit shall be required if any access to a hotel, motel, or extended stay residence
is through or adjacent
to (including directly across a public right-of-way
from) a residential district
or use, unless such access is consistent with an approved development plan
that specifies the type, size, and intensity of use.
2. All hotel, motel, and extended stay residence
buildings, vehicular use areas that are at grade
or higher, and elements of associated underground vehicular use areas that extend to grade
or higher shall be located at least 50 feet from any property line adjacent
to a residential district
or use.
3. Any accessory commercial activities such as restaurants
shall not be located along the side of the property adjacent
to a residential district
or use.
4. Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent
to a residential district
or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of paragraph 5.4.9, Swimming Pools, with regard to fencing.
5. A minor special use permit shall be required if the property line of a hotel, motel, or extended stay residence
is 200 feet or less from a residential district
or the property line of a single-family
residential use, unless such location is consistent with an approved development plan
that specifies the type, size, and intensity of use.
6. In the Design districts, the requirements in paragraphs 1 and 5 shall not apply. Instead, a minor special use permit shall be required if a hotel, motel, or extended stay residence
is located in the S2 sub-district of the DD District. This use shall not be permitted in the S2 sub-district of the CD or CSD District.
7. In the Design districts, the requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence
is adjacent
to a residential district
.
8. In the CD or CSD District, a six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent
pre-existing residential use at ground level.
9. (County Only) Within the SRP-C District, the standards in paragraphs 1-5 shall apply unless modified as follows:
a. Paragraph 1 shall not apply unless the access is through or adjacent
to a residential district
or use not located within the SRP-C District.
b. The requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence
is adjacent
to a residential district
or use not located within the SRP-C District.
c. A six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent
pre-existing residential use at ground level not located within the SRP-C District.
Manufactured home sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The display area of the property shall be a minimum of 500 feet from any residential district
or use.
2. The display area shall be set back a minimum of 25 feet from the street right-of-way
.
3. In addition to the landscaping requirements found in Article 9, Landscaping and Buffering, the following landscaping shall be provided within any street yard
:
a. A hedge which is at least 24 inches in height; or
b. Plantings which meet the requirements for plantings for paragraph 5.3.4U.4.
4. Storage and repair activities shall be screened
from off-site views.
5. A minimum separation of at least 10 feet shall be maintained between display homes. Display homes which are visible off-site shall be provided with some type of material and/or landscaping around the base which will prevent open views underneath the manufactured home.
6. In addition to the signs
typically allowed in the district, each display house can have a placard not to exceed three square feet in area which gives information about the house.
Nightclubs or bars
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. This section shall not apply to Outdoor Dining areas pursuant to City Code 54-110.
a. With the exception of nightclubs or bars
located within a Design District, the applicant shall demonstrate that no existing place of worship
is located within 250 feet of the proposed nightclub or similar establishment.
b. Within a Design District, the applicant shall demonstrate that no existing place of worship
is located within 50 feet of the proposed nightclub or similar establishment.
c. Measurements shall be made from the point on the place of worship
, whether on the building
or associated parking area, that is closest to the proposed nightclub or similar establishment to the point on the proposed nightclub or similar establishment, whether on the building
, associated parking area, or outdoor activity area that is closest to the place of worship
.
3. No outside storage shall be located on the site.
Nightclubs and bars
are allowed in all Design Districts subject to the following additional requirements:
a. For the CD-S2 and CSD-S2 Districts, approval of a minor special use permit pursuant to and CSD-S2 Districts, approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required in order to establish a nightclub or bar
.
b. Nightclubs or bars
in the DD-S2 District shall be located 50 feet from any residential zoning district outside of the Downtown Tier. Measurements shall be made from the residential district
boundary to the point on the proposed nightclub or bar
, whether on the building
or associated parking area that is closest to the residential district
boundary.
For outside activities, the following standards shall be met:
(1) For the area between the building line
and the right-of-way
, excluding alleys
, the outdoor activity area shall:
(a) Not exceed 50% of the interior seating area square footage;
(b) Be physically delineated and separated from the public right-of-way
by a fence or wall in conformance with the requirements of Sec. 9.9, Fences and Walls;
(c) Be utilized for seating areas only; and
(d) Be prohibited from having amplified music.
(2) For all other areas, the outdoor activity area shall:
(a) Not exceed 100% of the interior seating area square footage;
(b) Be physically delineated and separated by a fence or wall as follows:
(i) A minimum six-foot-high fence or wall at the property line along adjacent
properties; and
(ii) A minimum three-foot-high fence or wall at the property line along rights-of-way.
(iii) When a building
wall is present along adjacent
properties, no fence or wall shall be required along the length of that building
wall.
(iv) The fence or wall shall be in conformance with maximum heights and construction standards pursuant to Sec. 9.9, Fences and Walls.
(3) All outside activities shall be conducted in accordance with paragraph 7.8.7, Noise.
(4) Any area established for outside activities shall be shown on an approved site plan
.
5. (County Only) Within the SRP-C District, the following shall apply:
a. The applicant shall demonstrate that no existing place of worship
is located within 50 feet of the proposed nightclub or similar establishment.
b. The method of measurement in paragraph 4 shall apply.
c. Outdoor activities are allowed and the standards for outdoor activities within paragraphs 6(a-d) shall apply.
d. No outside storage shall be located on the site.
Outdoor recreation activities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. If not otherwise required, a minor special use permit shall be required if any access to the site is through or adjacent
to (including directly across a public right-of-way
) a residential district
or use, unless such access is consistent with an approved development plan
that accurately specifies the type, size, and intensity of use.
a. This requirement shall apply in the CD and CSD Districts only if access is through or adjacent
to a residential district
.
b. This requirement shall not apply in the DD District.
c. (County Only) This requirement shall not apply in the SRP-C District.
2. Except in the SRP-C (County Only), CD, CSD, and DD Districts, a 50-foot setback
from any property line adjacent
to a residential district
or use shall be maintained for any unlighted structure
, food sale or dining area, playground
, viewing area, court, field, or other athletic or entertainment area or facility.
Except as required for the incidental building
type, a 15-foot setback
shall be maintained instead of the build-to zone
in paragraph 16.2.1, Building
Placement Standards.
Except as required for the incidental building
type, no setback
or build-to zone
is required.
c. (County Only) Within the SRP-C District, a 15-foot setback
shall be maintained from any property line adjacent
to a residential district
or use not located within the SRP-C District.
3. Except in the SRP-C (County Only), CD, CSD, and DD Districts, a 100-foot setback
from any property line adjacent
to a residential district
or use shall be maintained for any lighted structure
, food sale or dining area, playground
, viewing area, court, field, or other athletic or entertainment area or facility.
Except as required for the incidental building
type, in the CD and CSD Districts, a 30-foot setback
shall be maintained instead of the build-to zone
in paragraph 16.2.1, Building
Placement Standards. In addition, the site plan
shall include documentation by a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of any adjacent
residential district
or use.
Except as required for the incidental building
type, no setback
or build-to zone
is required.
c. (County Only) Within the SRP-C District, a 30-foot setback
shall be maintained from any property line adjacent
to a residential district
or use not located within the SRP-C District. In addition, the site plan
shall include documentation by a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of any adjacent
residential district
or use.
4. In the RR District, food sales shall be provided for patrons of the recreational activity only.
5. The following standards shall apply in all design districts:
a. Unless located on the roof of a structure
, miniature golf courses
shall have a maximum site area
of 0.5 acres.
b. Outdoor recreation uses are only allowed on the roof of a structure
if they are set back a minimum of 10 feet from the building
face, in addition to any building
stepbacks.
c. Batting cages (except where associated with ballparks), golf driving ranges, and amusement parks are only allowed in the design districts if they are not visible from adjacent
right-of-way
. In association with ballparks, batting cages are allowed to be visible from adjacent
right-of-way
.
(1) Uncoated chain link fencing is prohibited except when the outdoor recreation use is on the roof of a structure
and the fencing is not visible from the adjacent
right-of-way
.
(2) For outdoor recreation uses provided at, or within five feet of, ground level, a fence or wall shall be provided within the build-to zone
as established by paragraph 16.2.1, Building
Placement Standards.
(3) All fences and walls shall be in conformance with the standards of Sec. 9.9, Fences and Walls.
6. In residential districts
, parking located between the structure
and the street shall be set back from the right-of-way
beyond the minimum or maximum street yard
, as applicable.
Paintball or similar recreation facilities on natural sites shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The site shall be at least five acres in size.
2. The use shall not be permitted to locate adjacent
to any existing place of worship
, day care or school.
3. All activities shall take place at least 100 feet from any residential district
or use.
4. The use shall not change or modify the existing natural landscape except for accessory services or parking areas. Movable walls, barricades, or similar features shall be permitted as a part of the recreational use.
5. Any building
shall be located at least 100 feet from all property lines. Total building
floor area
shall be as follows:
a. For sites in the Rural Tier, total building
floor area
shall be in accordance with the table below:
Site Acreage | Maximum Building |
|---|---|
5 – 10 | 750 |
More than 10 – 15 | 1,500 |
More than 15 – 20 | 2,000 |
More than 20 – 25 | 2,500 |
More than 25 – 30 | 3,000 |
More than 30 – 35 | 3,500 |
More than 35 – 40 | 4,000 |
More than 40 – 45 | 4,500 |
More than 45 | 5,000 |
b. For sites in all other Tiers, the maximum building
floor area
shall be 750 square feet.
6. A buffer
consistent with that of an Industrial Use
adjacent
to a Residential Use
in the Suburban Tier shall be required (See Sec. 9.4, Project Boundary Buffers).
7. No outdoor storage shall be allowed.
8. No outdoor public address system shall be used.
Payday lenders shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Within the S1 and S2 sub-districts of the CD and CSD Districts, payday lenders shall not be permitted.
Self-service storage shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall be screened
from view from adjacent
properties pursuant to Sec. 9.7, Screening
, except where storage units are not visible off-site and all access to individual storage units are from corridors internal to the building
.
Vehicle
sales, leasing, and rentals shall be permitted in accordance with the use table in Sec. 5.1, subject to the following:
1. All junked or inoperable vehicles
or equipment shall be within a completely enclosed building
.
2. Vehicle
or equipment repairs made on-site shall be subject to the restrictions of paragraph 5.3.4V, Vehicle
Service, and Vehicle
Service Limited.
3. Adequate on-site area shall exist for the loading and unloading of vehicles
from car carriers to ensure that no such loading or unloading occurs in any public right of way.
4. Vehicle
sales, leasing, and rental facilities, except in the CI and Design districts, shall meet the following landscaping standards instead of those in Sec. 9.8, Vehicular Use
Area Landscaping:
a. Trees shall be planted at the rate of one tree per 50 linear feet of display area perimeter, and shrubs at the rate of one shrub per five linear feet of display area perimeter, unless a project boundary buffer
pursuant to Sec. 9.4, Project Boundary Buffers, is required between the edge of the display area and the property line or right-of-way
.
b. Plants can be grouped together, provided that a contiguous growing area as specified in The Landscape Manual for Durham, North Carolina, not encroached
upon by impervious pavement, shall be provided for each planted tree. Sidewalks shall be permitted to encroach
on sites within the Urban, Compact Neighborhood, and Downtown Tiers when a critical root path system is implemented pursuant to the Landscape Manual.
c. Plantings shall be located in an area adjacent
to the display area, and between the display area and the property line; and shall meet the requirements for size and proximity to the display area as set for vehicular use areas in paragraph 9.8.1C, Standards, excluding paragraph 9.8.1C.7.
d. Shrubs shall not be required between a right of way (except an alley
) or access easement
and the display area if the display area is more than 50 feet from the right-of-way
or access easement
.
5. Vehicle
sales, leasing, and rental facilities in the CI and Design districts shall meet the requirements of paragraph 9.8.4, Vehicular Use
Area Landscaping in the CI and Design districts.
6. The provisions of Sec. 7.5, Outdoor Display, shall not apply. No vehicles
shall be displayed in required landscaping or in rights-of-way.
7. (County Only) Within the SRP-C District, the following shall apply:
a. Paragraphs 1 through 3 shall apply.
b. The requirements within paragraph 9.8.4, Vehicular Use
Area Landscaping in the CI and Design districts, shall apply instead of those found in paragraph 4, above.
c. Paragraph 6 shall apply.
d. Only indoor vehicle
sales facilities shall be permitted. No outdoor vehicle
storage or sales are allowed.
e. Off-site loading and unloading is permitted in association with indoor sales.
Vehicle
service (minor or major) shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Fuel pumps shall be at least 15 feet from property lines, and the number of fueling stations shall be the same as those allowed pursuant to paragraph 5.3.4G, Convenience Stores
with Gas Sales.
2. Any repair, servicing, maintenance or other work on vehicles
shall be conducted within an enclosed structure
.
3. No outdoor storage shall be allowed.
4. No more than two inoperable motor vehicles
per service bay, with a total maximum of ten regardless of the number of service bays, shall be kept on-site at any time.
5. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Cleanup procedures for spills occurring inside and outside the building
;
b. Counter measures for use in preventing spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Wash-down water shall not be permitted to enter the stormwater
collection system.
6. Existing vehicle
service (full or limited) facilities that were in operation prior to January 1, 1994, and do not comply with the provisions above, shall:
a. Provide an opaque screen
(a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen
all outdoor operations of the vehicle repair shop
, including vehicle
storage, from off-site views, including views from rights-of-way and adjoining properties.
b. Additional screening
shall not be required if no operations are visible from off-site.
c. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.
Veterinary clinics
, animal hospitals
, and kennels
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. No outdoor runs, kennels
, or storage shall be allowed in PDR or Design districts. (County Only) No outdoor runs, kennels
, or storage shall be allowed in the SRP-C District.
2. A 300-foot separation shall be maintained between the outdoor areas where animals are kept and any property line of any adjacent
residential use in a residential district
.
3. A minimum six-foot tall wall shall be installed and maintained between outdoor areas where animals are kept and any property line of an adjacent
residential use in a non-residential district.
4. Within the S2 sub-districts of the CD and CSD Districts, Kennels
shall not be permitted.
5. In the RR District, parking located between the structure
and the street shall be set back at least 25 feet from the right-of-way
.
Conference centers, retreat houses
, event venues
, or banquet halls shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. If available, housing and meals shall be provided for participants and caretakers only.
2. Parking shall not be located in the street yard
.
Asphalt plants and other facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The boundary of the property shall be at least 1,500 feet from any residential use or zone.
2. The use shall be totally enclosed by a security fence or wall at least eight feet high or enclosed within a fire proof building
.
3. All plans shall be reviewed by Fire and Emergency staff prior to approval in order to determine that existing services provide adequate protection for citizens.
Concrete manufacturing plants shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall not be within 1,500 feet of property zoned residential, however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,500-foot measurement.
2. The property shall not be adjacent
to an existing hospital
, day care facility, educational facility, place of worship
, convalescent center, or assisted living center.
3. The site shall be at least four acres in area and shall have direct access on a major or minor thoroughfare, or boulevard
.
4. Property boundaries facing public streets shall be fenced with a six-foot-high fence and the fence shall be two-thirds screened
by vegetation at planting.
Hazardous and low level nuclear material
disposal
and storage areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility use shall comply with all applicable State and federal regulations.
2. The facility shall be located at least 1,500 feet from any residential zone.
3. Maps and engineering drawings shall be provided showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within ¼-mile of the property line.
4. The site shall be enclosed by a fence or wall at least six feet high. Entrance and exit shall be through a gate which shall be locked during non-business hours.
Light industrial uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. Within any design district, the following light industrial uses shall not be allowed:
a. Equipment rental;
b. Maintenance yard
or facility; and
c. Regional recycling center
.
2. Within the SRP District, the only light industrial uses permitted shall be the manufacture or assembly of equipment, instruments (including musical instruments), precision items, or electrical items.
a. The manufacture or assembly of appliances, toys, or other similar items are not permitted.
b. Outdoor storage for manufacturing is allowed only as an accessory use.
3. No outdoor operations or storage shall be visible from the street.
4. (County Only) Within the SRP-C District, the following light industrial uses shall not be allowed:
a. Equipment rental;
b. Maintenance yard
or facility; and
c. Regional recycling center
.
5. No outdoor storage is permitted in design districts.
6. Light industrial uses shall not be permitted in the S2 sub-district of CD and CSD Districts.
Resource extraction uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The application for the use shall include a plan for restoration procedures and methods to ensure financing of the restoration once the operation ceases.
Transfer stations
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The transfer station
shall only handle waste
that can be legally handled or disposed of in a solid waste
landfill facility. This limitation shall not preclude use of the transfer station
site for collection, processing, storage, and transfer of recyclable materials or for other waste
reduction activities.
2. The transfer station
entrance driveway
shall be located on a major thoroughfare or boulevard
, and located within 2,000 feet of an interstate highway interchange.
3. There shall be at least 500 feet of separation between the transfer station
facility [building
and vehicular use areas adjacent
to the building
] and the nearest residential structure
.
4. The facility shall conform to all applicable State and federal regulations.
Wholesale trade shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
Outside storage or operations shall not be visible from the street.
Wrecking, junk, and salvage yards
shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:
1. The facility shall not be within 1,000 feet of property zoned residential; however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,000-foot measurement.
2. The facilities shall be enclosed by a fence and shall be screened
from view. The fence shall be six-feet high, measured from the lowest point of grade
. The fence shall be maintained in good condition. No stored materials shall be visible from ground level immediately outside the fence.
3. A spill prevention and countermeasures plan shall be provided prior to construction plan approval that includes, at a minimum:
a. Cleanup procedures for spills occurring inside and outside the building
;
b. Countermeasures for use in preventing spills from entering the stormwater
collection system; and
c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwater
collection system.
4. Existing wrecking, junk and salvage yards
that were in operation prior to January 1, 1994, and do not comply with all of the provisions listed above, shall provide an opaque screen
(a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen
the facility from off-site views, including views from rights-of-way and adjoining properties. Additional screening
shall not be required if no operations are visible from off-site. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.
Within the SRP District:
A. Helipads are allowed as an accessory use with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
B. Retail sales and service uses, and restaurants
without drive-through windows, are allowed as an accessory use with the following conditions:
1. No signs
shall be visible off-site.
2. The use shall be located within a building
housing a principal use allowed in the District.
Accessory structures shall be subject to the following additional requirements:
A. The square footage of an accessory structure
shall not be larger than the primary structure
.
1. Accessory structures associated with a single-family
or duplex structure
shall be located to the rear of the front building line
of the primary structure
, with the following limitations and exceptions:
a. Except in the RU and RC Districts, the accessory structure
shall be set back at least five feet from the rear and side property lines.
b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.
c. Accessory structures in the RR District can be located in front of the primary structure
provided that:
(1) It is not located in the street yard
; and
(2) It is on a lot at least two acres in size.
Attached accessory structures are allowed where a single structure
maintains a shared common wall along a side or rear lot line that separates two lots.
(1) This allowance does not supersede any applicable building
code requirements.
(2) This allowance does not supersede placement requirements with respect to primary structures.
2. Accessory structures in Design districts shall be located to the rear of the rear building line
of the primary structure
(s) and shall be subject to the side and rear yard
requirements of those districts.
3. The location of accessory structures associated with Places of Worship
shall not be restricted, with the following exceptions:
a. Except in the RU and RC Districts, the accessory structure
shall be set back at least five feet from the rear and side property lines.
b. Accessory structures in the RU and RC Districts shall be set back at least three feet from the side and rear property lines.
c. On parcels
less than two acres, accessory structures shall not be allowed in the street yard
between the primary structure
and the right‐of‐way. On corner lots, this restriction shall only apply to one street yard
, at the discretion of the applicant.
d. For parcels
in the Urban and Downtown Tiers, no more than 75% of the site may contain accessory structures. For parcels
in all other tiers, no more than 50% of the parcel
may contain accessory structures.
4. Accessory structures for all other development
not listed above shall be located to the side or rear of the primary structure
, but not within side or rear yards
. For developments
with more than one primary structure
, the primary structure
located closest to the right-of-way
shall be used to locate the accessory structure
.
5. On corner lots, one of the two street yards
may be developed
using the side yard
(single) standard of the base zoning district.
6. On flag lots, an accessory structure
may be located in front of the primary structure
.
C. The maximum height of an accessory structure
shall not exceed the greater of a) two stories
and 32 feet or b) the height of the primary structure
in feet.
D. Within Special Flood Hazard Areas and Future Conditions Flood
Hazard Areas, an accessory structure
shall not exceed 1,000 square feet in area and shall meet the following criteria:
1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
2. Accessory structures shall not be temperature-controlled;
3. Accessory structures shall be designed to have low flood damage potential;
4. Accessory structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards;
6. All service facilities such as electrical shall be installed in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards; and
7. An accessory structure
with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing
certificate. Elevation or floodproofing
certifications are required for all other accessory structures in accordance with Section 8.4, Floodplain and Flood Damage Protection Standards.
E. In addition to the requirements in paragraphs A, B, and D, accessory structures in Design districts shall comply with the following standards:
1. The height of the structure
shall not exceed the lesser of 3 stories
or 40 feet and shall not exceed the primary structure
in height; and
2. The structure
shall be compatible with the primary structure
in style, materials, roof form, and details.
Accessory dwellings shall be subject to the following additional requirements:
Accessory dwellings shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood
Hazard Areas.
1. An accessory dwelling unit
shall be allowed as follows:
a. On a residential lot developed
with one or two primary dwelling units
. Only one accessory dwelling shall be allowed.
b. For certain civic uses as indicated in Sec. 5.2, Use
Categories, provided that:
(1) Multiple accessory dwelling units
shall be allowed for paragraph 5.2.4H, Place of Worship
, limited by standards set forth in paragraphs 5.4.1 and 5.4.2. For all other civic uses as indicated in Sec. 5.2, no more than three units shall be allowed.
(2) The units can be located anywhere on the lot and shall comply with the minimum yard
requirements applicable to primary structures.
(3) The maximum size of each unit shall be 1,000 square feet on a single story
and 1,200 heated square feet total. There shall be no maximum for collective square footage across multiple accessory dwelling units
.
(4) No additional parking is required.
(5) No special use permit is required. Place of Worship
shall not need a special use permit for the accessory dwelling even if it does not have a special use permit for its primary use.
(6) Projects consisting of more than 20 units shall be subject to Site Plan
Review.
c. Density
limits shall not apply to accessory dwelling units
.
d. If a primary dwelling is a single‐family residence, an accessory structure
may be a duplex, so long as the total heated sf of the Accessory Dwelling Unit
(ADU) does not exceed 1,200 square feet for both units combined.
2. The accessory dwelling can be located within the primary structure
(attached) or separate (detached) from the primary structure
.
3. A nonconforming accessory structure
can be renovated or reconstructed to an accessory dwelling.
Commentary: Depending upon the scope of the project, a special use permit pursuant to Sec. 14.4, Nonconforming Improvements and Structures, or a variance
pursuant to Sec. 3.14, Variance
, may be required.
4. The heated floor area
of the accessory dwelling shall not exceed 1,000 square feet on a single story
and 1,200 square feet total, except in the RR District, where the heated or air-conditioned floor area
can be a maximum of 50% of the primary dwelling heated or air-conditioned floor area
on lots of four acres or larger. However, in no instance shall the floor area
of an accessory dwelling unit
equal or exceed the floor area
of the primary structure
.
Commentary: Accessory dwelling units
are required to meet all applicable building
and housing codes.
5. Use
of a travel trailer or recreational vehicle
(RV) as an accessory dwelling shall be prohibited within a residential district
or on property devoted to residential use, except that use of a travel trailer or RV during temporary visits of two weeks or less shall be allowed.
6. No parking is required for an accessory dwelling.
a. For detached accessory dwelling units
, the maximum height for accessory structures shall apply.
b. Accessory dwellings that are an addition to the primary structure
shall conform to the applicable height limits for the primary structure
.
c. Height limits shall not be considered if the accessory dwelling is only a conversion of existing space within the primary structure
.
A. Non-commercial, amateur, ham radio or citizen’s band antenna
supporting structures, antennas
or antenna
arrays with an overall height less than 50 feet in Residential districts
or with an overall height less than 70 feet in all other zoning districts can be developed
, if in accordance with the following additional requirements.
1. Towers and support structures shall meet the setback
requirements for accessory structures for the zoning district in which the proposed facility shall be located, or 100% of the tower height, whichever is greater.
2. The applicant shall commit in writing that the facility will be erected in accordance with manufacturer's recommendations.
B. Non-commercial, amateur, ham radio or citizen’s band antenna
supporting structures, with a height greater than as provided above shall be regulated in accordance with paragraph 5.3.3N, Wireless Communication
Facilities for Transmitting and Receiving Electronic Signals.
Home occupations
shall be allowed within any residential use subject to the following regulations:
The following requirements shall apply to all home occupations
:
1. No display of goods, products or services shall be visible off site.
2. Only handmade items, foodstuffs, and crafts made on the premises can be offered directly for sale. No goods, products or commodities bought or secured for the express purpose of resale shall be sold at retail or wholesale on the premises. Catalog and electronic business orders may be received for goods, products or commodities bought or secured for the express purpose of resale at retail and wholesale when the products are received and shipped from the premises to fulfill catalog or electronic business orders.
3. Traffic and parking associated with the use shall not be detrimental to the neighborhood or create congestion on the street where the home occupation
is located.
4. Vehicles
used primarily as passenger vehicles
shall be permitted in connection with the home occupation
. Only one commercially licensed vehicle
shall be allowed, except in the RS-20 and RR districts, where up to two heavy equipment
vehicles
can be permitted. All heavy equipment
vehicles
associated with a home occupation
permit shall be screened
from view from adjoining properties and the public right of way.
5. No equipment or process shall be used in connection with the home occupation
that creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable off-site.
6. No hazardous materials
can be manufactured, stored, processed or disposed of on the premises.
7. The home occupation
shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupation
shall not exceed 30% of the floor area
of the livable portion of the dwelling.
8. An accessory structure
or an accessory dwelling can be used for all or a portion of the floor area
of the home occupation
but the combined total square footage devoted to the home occupation
shall not exceed the limits described in paragraph A.7 above.
9. Internal alterations or construction modifications not customary in dwellings and exterior modifications to the dwelling to accommodate the home occupation
shall be prohibited except to meet the accessibility requirements of the Americans with Disabilities Act.
Commentary: Use
of an accessory structure
for a home occupation
may require modification of the structure
to meet the habitable space requirements of the Building
Code. If outside employees are associated with the home occupation
, modifications to an accessory structure
or accessory dwelling may also be required to comply with the Americans with Disabilities Act.
10. Tutoring or instructional services shall have no more than five students at one time.
The following requirements shall apply to all home occupations
located on properties zoned Residential Rural District (RR) containing at least 10 contiguous acres in addition to the provisions of paragraph A, above:
1. In addition to persons
residing on the premises, up to three nonresident employees can be engaged in the home occupation
.
2. If a home occupation
is located within an accessory structure
or dwelling, the accessory structure
or dwelling shall not be located closer to the front property line than the closest side of the primary dwelling to the front property line; nor closer to the side property line than the closest side of the dwelling to the side property line or 100 feet, whichever is a lesser distance, and not closer than 75 feet to the rear property line.
3. The home occupation
can include outdoor uses or activities. Any areas used for outdoor activities shall be at least 250 feet from any property line and shall also be closer to the principal dwelling on the site than to any dwelling on an adjoining site.
4. Any home occupations
utilizing these provisions shall be required to cease operations if the parcel
size is reduced to less than 10 acres.
In all districts other than RR, or in RR-zoned properties less than 10 acres, the following standards apply in addition to the standards of paragraph A above:
1. Only persons
residing on the premises and up to one nonresident employee can be engaged in the home occupation
.
2. No outside storage use or activity, except parking, required recreation areas for child care centers in residences, and for instructional services that require an outdoor facility such as a swimming pool for swim classes, shall be associated with the home occupation
.
Telecommuting
shall not be considered a home occupation
.
Junk vehicles
shall be prohibited within a residential district
or on a property devoted to residential use, except that junk vehicles
owned by an occupant of the dwelling and stored within an enclosed building
so that they are not visible from an adjacent
property or a public right-of-way
may be allowed. Within the Rural Tier, junk vehicles
may also be screened
with a permanent enclosure to meet this standard.
Storage of a manufactured home shall be prohibited within a residential district
or on property devoted to residential use, unless the manufactured home is lawfully permitted pursuant to Sec. 5.1, Use Table, or paragraph 5.5.2F, Manufactured Homes.
Commentary: On-site recycling facilities and public recycling drop-off sites
should not be confused with recycling centers
, which are much larger regional centers that process recyclables. Examples of on-site recycling facilities include cardboard or aluminum can be recycling bins. Public recycling drop-off sites
include facilities located in church or school parking lots
where the public may deposit recyclables.
A. Recycling facilities and drop-off sites shall be permitted as an accessory use in all nonresidential districts and multifamily
residential property.
B. The drop-off site shall be kept free of litter, residue and debris by the party responsible for the maintenance and management of the drop-off facility.
C. Recycling drop-off sites
shall be located at least 50 feet away from adjoining residentially zoned property.
D. The drop-off site containers shall be durable, waterproof, covered and of uniform color. The name and phone number of the party responsible for maintenance shall be posted on the container.
E. [City Only] Notwithstanding the other provisions of this section, unattended clothing donation containers are prohibited unless located at the operational site of a company or organization that collects used clothing for resale or donation as a primary business function. An unattended clothing container is any box, bin, dumpster, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the sponsoring company or organization is present to accept donations. Prohibited clothing donation containers that exist at the time this section is adopted shall be removed within 30 days of adoption.
Satellite dishes (earth stations) that are less than one meter (39.37 inches) in diameter in residential districts
and less than two meters in diameter in all other zoning districts shall be exempt from the standards of this section. Satellite dishes exceeding these dimensions shall be subject to the following additional requirements:
A. A Minor Special Use
Permit issued in accordance with Sec. 3.9, Special Use Permit, shall be required.
B. If attached to a roof or building
, a letter certifying the roof’s and building
’s structural stability shall be written and sealed by a licensed engineer, prior to any approval of a roof-mounted satellite earth station.
C. No commercial messages shall be placed on the dish.
Commentary: In-ground and above-ground pools are subject to any applicable public health and building
code requirements.
When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and have a surface area of at least 100 square feet shall be subject to the following additional requirements:
Private swimming pools (as well as the decking and equipment associated with the pool) located on any residential lots with the exception of those described in paragraph B below, shall not be located between the street and the principal structure
unless located to the rear of the primary structure
, and shall not be closer than five feet to any property line.
1. Except for roof-top pools, outdoor pools including decking shall be located at least 100 feet from any property line adjacent
to a single-family
residential district
or use. For purposes of this paragraph, a district or use that is across a public right-of-way
shall not be considered adjacent
.
2. When the pool is adjacent
to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement shall not apply when a permit has been issued for a special event.
3. All outdoor pools shall be enclosed by a fence. The exterior walls of buildings can be incorporated as a portion of the fence to create a fully enclosed area around the pool.
a. All fence points of ingress/egress shall be equipped with self-closing and self-latching gates.
b. The fence shall be at least four feet in height with a maximum opacity
of 50%.
Vehicle
sales shall be prohibited within a residential district
or on property devoted to residential use, except that the sale of a private vehicle
registered to the occupant of the residence shall be allowed. No more than one such vehicle
shall be displayed at a time.
The purpose of this section is to authorize and provide standards for the keeping of domesticated chickens
. It is intended to enable residents to responsibly keep a small number of female chickens
on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.
“Chicken
,” “Chicken
Coop,” and “Chicken Pen
” are defined in Sec. 17.3, Defined Terms.
The maximum number of chickens
allowed is 10 per lot, regardless of how many dwelling units
are on the lot. Only female chickens
are allowed. There is no restriction on chicken
breeds.
1. Eggs, chicks, adult chickens
, and processed chickens
shall not be sold. Chicken
manure and compost using chicken
manure shall not be sold or otherwise distributed.
2. Produce
on which chicken
manure from the permitted chickens
has been used as fertilizer, or on which compost made with such manure has been used, shall not be sold.
A chicken coop
and chicken pen
shall be provided. Chickens
shall be secured in the chicken coop
during non-daylight hours. During daylight hours chickens
can be located in the chicken pen
and can be located outside of the pen in a securely fenced yard
or chicken
tractor/portable pen if supervised by an adult person
.
Notwithstanding the location requirements of paragraph 5.4.1, Accessory Structures, chicken coops
shall be located at least 15 feet from any property line or public right-of-way
, and chicken pens
shall be located at least five feet from any property line or right-of-way
.
a. Except as required in paragraph 1, above, the chicken coop
shall comply with the requirements of paragraph 5.4.1, Accessory Structures.
b. The coop shall be enclosed with solid material on all sides and have a solid roof and door(s). An existing shed or garage can be used for a coop.
a. The chicken pen
shall be constructed of wood or metal posts and wire fencing material.
b. The pen shall be covered with wire, aviary netting, or solid roofing.
1. The chicken coop
, chicken pen
, and surrounding area shall be kept in a sanitary condition at all times.
Commentary: The chicken coop
should provide adequate security, ventilation, and shelter
from moisture and temperature extremes. Chickens
should have access to feed and clean water at all times, and such feed and water shall be inaccessible to rodents, wild birds, and predators. Chickens
should be provided adequate bedding in the chicken coop
and perches are encouraged.
2. All manure, uneaten feed, and other trash shall be removed in a timely manner and disposed of in a sanitary manner.
3. The requirements of Chapter 70, Utilities, Article V, Stormwater
Management and Pollution Control, shall apply. All necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites shall be performed.
4. Slaughter and other processing of chickens
shall be conducted in accordance with Small Flock Management Resources guidance provided by the Poultry Science Division of the North Carolina Cooperative Extension/North Carolina State University College of Agriculture and Life Sciences. Slaughter shall not be visible from any adjacent
property, public area, or right-of-way
. If a chicken
dies from causes other than slaughter, it shall promptly be placed into a plastic bag, which shall be closed securely and disposed of with household waste
.
1. No more than two cubic feet of chicken
manure shall be stored, for use as unprocessed fertilizer. All other manure shall be disposed of or composted. All stored manure shall be completely contained in a waterproof container.
2. Any compost using chicken
manure shall be produced
in an enclosed backyard composter.
Commentary: Be aware that unprocessed chicken
manure may contain pathogens that can be transmitted to produce
on which it is used as fertilizer. A proper mix of materials and maintaining a temperature of at least 131 degrees Fahrenheit for at least three consecutive days is necessary to destroy pathogens in compost.
1. If required by the United States Postal Service (USPS), CBUs for residential developments
shall meet or exceed the standards of the USPS and meet the following additional requirements. In case of regulatory conflicts, any requirement of the USPS shall supersede regulations of this Ordinance.
2. In case of conflict with accessory structure
requirements pursuant to paragraph 5.4.1, Accessory Structures, the requirements of this section shall apply.
1. CBUs shall be located as follows:
a. Within a primary building
, such as an apartment building
, or an accessory facility serving the development
such as a clubhouse;
b. Stand-alone within 25 feet of the parking area servicing such buildings or facilities; and/or
c. Located along right-of-way
and common access drives at least 50 feet interior to the development
.
2. CBUs can be located in open space
or in a common access easement
. The area of each CBU located in common open space
shall count towards any required open space
for the development
.
1. The number of motor vehicle
parking spaces
shall be provided per location, which shall include at least one space meeting handicap accessibility requirements.
Number of Mailboxes per Location | Minimum Number of Parking Spaces |
|---|---|
50 or less | 2 |
51 – 80 | 3 |
80 – 110 | 4 |
111 or more | 4 plus 1 per each additional 25 mailboxes |
2. No parking is required for CBUs located within a facility with parking or within 25 feet of a parking area serving another facility.
a. Such facilities include, but are not limited to, clubhouses, leasing offices
, and parking bays designated for visitor parking.
b. Such parking areas shall include a designated handicap accessible parking space
in a location meeting USPS requirements.
a. Walkways or sidewalks shall connect CBUs to parking areas and the overall walkway and sidewalk system of the development
.
b. All CBUs shall be accessed by walkways or sidewalks meeting handicap accessibility width and paving requirements.
A solar energy system
shall be an allowed accessory use serving a principal use within any zoning district.
A. The maximum allowed time period for a Temporary Use
Permit is 45 days, unless otherwise specified below. A Temporary Use
Permit can be renewed for an additional 45 days, unless otherwise specified below.
B. No more than one permit and one renewal shall be issued for any temporary use on a property within a 12 month period, unless otherwise specified below.
C. Unless otherwise specified below and regardless of whether a temporary use permit is required, a temporary use shall not be located in required parking, or landscaping or vegetated areas; shall not obstruct
pedestrian or vehicular access or circulation; and shall not obstruct
access to fire hydrants or connections.
A carnival shall only operate between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 8:00 a.m. and 11:00 p.m., Friday and Saturday.
Carnivals shall not be permitted in residential districts
. All facilities associated with a carnival shall be located at least 100 feet from the property line of the closest residential property or use.
No carnival shall be permitted for any period longer than 10 days.
Christmas tree sales lots shall require a temporary use permit if located in a residential district
.
No Christmas tree sales lot requiring a permit shall be permitted for any period longer than 60 days.
Circuses shall not be permitted in residential districts
. All facilities associated with a circus shall be located at least 100 feet from the property line of the closest residential property or use.
Temporary Use
Permits for a circus shall not be granted for any period longer than 10 days.
Temporary buildings used for the management of a construction site can be permitted as a temporary use incidental to construction being performed in accordance with a valid building permit
. Manufactured homes are permitted during construction for this use.
The temporary buildings shall be removed prior to the issuance of a final certificate of compliance
for the construction project, or upon the expiration of the building permit
associated with the construction project.
LCIDs shall comply with all applicable local, State, and federal regulations.
The total disposal
area shall be less than two acres is size.
The permit shall be valid for five years from the date of issuance. One renewal of the permit, for a maximum of an additional five years from the original expiration of the permit, can be issued.
A farmers market
t can operate with a temporary use permit as follows:
1. Unless prohibited within the committed elements
of a development plan
, farmers markets
s are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worship
, park, community service facility, or government facility.
2. Temporary use permits are valid for one year and can be renewed on a yearly basis by providing the same documentation that demonstrates compliance with Ordinance standards as done with the original issuance.
3. In addition to the requirements of Sec. 3.12, Temporary Use Permit, the following shall be required:
a. On-site presence of a market manager during all hours of operation.
b. All vendors shall be producers
, as defined in Sec. 17.3, Defined Terms.
c. All products sold shall be food or beverage products, farm products
, or value-added farm products
.
d. Provisions for recycling and waste
removal. All recycling and waste
shall be removed from the premises by the termination of tear-down.
e. Hours and days of operation:
(1) Hours of operation shall be allowed between 7 a.m. and 9 p.m. but shall not exceed five hours per day. One and one-half hours before and one and one-half hours after the hours of operation are permitted for set-up and tear-down.
(2) A market shall not operate more than two days per week.
(3) An additional day per week or two additional hours per day are permitted three times a year to accommodate holidays or special events.
f. Signs
: Signs
are permitted as follows:
(1) Signs
erected only during market hours:
(a) No sign
permit is required.
(b) One sign
per street frontage
is allowed.
(c) The maximum sign
area per sign
is 24 square feet.
(d) Signs
shall be set up only during the hours between the start of set-up and the end of tear-down.
(e) Sec. 11.3, Prohibited Signs
, shall apply.
(2) Permanent signs
:
Permanent signs
shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage plan
of the overall development
site hosting the market. If no common signage plan
exists for the host site, a common signage plan
shall be required.
a. During hours of operation, the minimum motor vehicle
parking requirements for outdoor markets, pursuant to paragraph 10.3.1A.1, Minimum, shall be provided. If the zoning district has no minimum parking requirement, then no minimum parking shall apply.
(1) Except as allowed via off-site parking pursuant to paragraph (2) below, all parking shall be on-site. Required parking spaces
of the host property shall be permitted to count towards required market parking so long as a document signed
by the property owner
and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spaces
during the hours of operation of the farmers market
t.
(2) Off-site parking up to 500 feet away, measured from property line of the parking area to the property line of the market site, can satisfy parking requirements subject to the following:
(a) Such parking areas shall be under the same control (by ownership or lease) as the host property or farmers market
t. A copy of the deed or lease agreement shall be provided to demonstrate compliance with this requirement.
(b) A pedestrian safe route exists connecting the parking site and the market site, consisting of sidewalks, traffic-controlled crossings of right-of-way
, with no crossing of freeways
or expressways
.
Class A or B manufactured homes are be permitted as temporary residences following a fire or natural disaster.
Such manufactured homes shall be located to the rear of the site unless site conditions make such location impractical.
Temporary Use
Permits for manufactured homes can be granted for the period of construction, but shall not be valid for longer than thirty days after a Certificate of Compliance
is received for the permanent structure
.
Class A, B, or C manufactured homes are permitted as temporary residences in the RR District while construction of a new dwelling is actively underway. A Class C manufactured home shall require certification by a Professional Engineer that it is safe and habitable in order to be permitted.
Any manufactured homes used for this purpose shall be located to the rear of the site unless site conditions make such a location impractical.
The manufactured home shall not be permitted for periods longer than 12 months, though such permits may be renewed one time, if valid building
permits have been issued for the site, to provide an additional 12 months of use on the site. The manufactured home shall be removed from the site when construction ceases, even if the permit has not expired.
Class A or B manufactured homes may be permitted as temporary accessory dwellings to provide custodial care.
Manufactured homes used for this purpose shall only be permitted in residential districts
on sites developed
with a single-family
residence. The manufactured home shall be located to the rear of the primary structure
and shall maintain all required setbacks
of the district.
(1) The manufactured home shall not be permitted for periods longer than 24 months, but can be renewed for additional 24-month periods.
(2) The manufactured home shall be removed once it is determined that custodial care is no longer required.
The following shall be provided with an application for custodial care:
(1) A notarized document specifying that direct custodial relationship exists between the occupants of the manufactured home and the house.
(2) A physician’s note indicating custodial care is necessary.
Mobile communication towers permitted as temporary uses shall not exceed 125 feet in height.
A temporary use permit can be issued only for the following purposes and timeframes.
a. Mobile communication towers associated with temporary events shall be permitted for no more than seven days. No extension shall be granted.
b. For instances when an existing, freestanding WCF loses functionality due to damage to the facility, a mobile communication tower may be permitted for no more than 60 days. One extension for an additional 60 days is allowed. This shall not apply to government-owned mobile communication towers required due to a declared state of emergency pursuant to paragraph 5.3.3N.2, Exemptions.
Garage or yard
sales in residential districts
shall not require a temporary use permit provided they comply with the following requirements:
(1) No sales activities occur except in daylight hours on no more than two consecutive days.
(2) No display or storage of goods occurs outside except on the day of the sale.
No more than four sales occur on any single site in any calendar year, with a minimum period between sales of three months.
Commentary: For outdoor sales located within the public right-of-way
, consult the regulations within the City of Durham Code of Ordinances.
a. Temporary outdoor sales shall be limited to property within commercial zoning and Design districts.
b. Except for mobile food vendors in DD District, only one vendor shall occupy a parcel
at one time unless a temporary use permit is issued for the vendor.
c. The maximum area for the temporary use shall be 400 square feet, unless solely for sales of Christmas trees, pumpkins, or fireworks.
d. A temporary use permit shall be required for temporary outdoor sales except for the following:
(1) Mobile food vendors within the DD District or on construction sites;
(2) Mobile vendors, other than those within the DD District or construction sites, that are occupying private property and set up once per day for a maximum of four hours;
(3) Mobile ice cream vendors;
(4) Outdoor displays in compliance with Sec. 7.5, Outdoor Display and Storage; or
(5) Sales of home grown produce
.
A portable on-site storage unit is any container designed for the storage of personal
property and for transport by commercial vehicle
that is typically rented to owners
or occupants of property for their temporary use. A portable on-site storage unit is not a building
or structure
.
(1) Associated with a Building Permit![]()
A portable on-site storage unit can be located anywhere on a residential property without a temporary use permit while the property is the job address listed on an active building permit
issued by the Durham City-County Inspections Department.
(2) No Building Permit![]()
A portable on-site storage unit shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.
A temporary dumpster is for the sole purpose of collecting and removing refuse generated from the same property of the dumpster location.
(1) Associated with a Building Permit![]()
A temporary dumpster can be located anywhere on a residential property without a temporary use permit while the property is the job address listed on an active building permit
issued by the Durham City-County Inspections Department.
(2) No Building Permit![]()
A temporary dumpster shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.
(3) Number Allowed
Only one dumpster shall be allowed per residence.
Except as authorized above, a portable on-site storage unit or temporary dumpster for a single-family
residence shall be located in the driveway
or at least five feet from any property line behind the front building line
of the primary structure
.
Except as authorized above, a portable on-site storage unit or temporary dumpster for any residential housing type other than a single-family
residence shall be located in an on-site vehicular use area and shall not obstruct
any drive aisle or block
any required parking space
.
The longest dimension of a portable on-site storage unit, or the longest aggregate dimension of multiple units, shall not exceed 20 feet.
A temporary use permit shall be limited to a maximum of 30 days. Such permit can be renewed one time for a maximum of 30 days provided renewal occurs prior to expiration of the original temporary use permit.
Structures associated with government activities shall be incidental to a permanent use or building
located on the site.
Except for modular school classrooms, the temporary public facility
can be located within street yards
, but not within any required parking or landscape area. An all-weather surface shall be provided for access to the temporary public facility
.
Except for modular school classrooms, the temporary public facility
shall not be permitted for periods longer than three years, although the permit can be renewed once for up to an additional 24 months.
When modular classroom units are needed to accommodate additional enrollment at a public school facility, a temporary use permit can be issued subject to the following:
a. Documentation provided by the applicant verifies the units are needed to accommodate additional student enrollment;
b. Documentation provided by the applicant specifies the anticipated amount of time needed for the modular units;
c. A stormwater
impact analysis (SIA) provided by the applicant, to be reviewed and approved by the City Public Works Department, or the County Engineering Department, as applicable, shall be submitted when units are proposed on a pervious surface. Improvements determined necessary based upon an approved SIA shall be installed prior to receiving a Certificate of Compliance
for the modular units;
d. Documentation provided by the applicant that demonstrates the existing parking facilities can accommodate the additional classrooms, or additional parking spaces
shall be provided, per Article 10, Off-Street Parking and Loading;
e. The temporary use permit shall be valid for one year, and can be renewed on a yearly basis provided the same documentation demonstrating conformance to Ordinance requirements is submitted.
Temporary facilities used as real estate sales or leasing offices
or model homes may be located within new residential development
.
Such facilities shall be required to meet all setback
requirements of the underlying zoning district and shall not be used as residences.
A facility permitted as a temporary real estate sales or leasing office
shall be removed upon completion of sales or leasing in the residential development
.
1. Special events of a civic, religious, or nonprofit nature shall include, but are not limited to, outdoor concerts, markets, and festivals. Such events shall not require a temporary use permit if located on public property.
2. If an event requires a permit, the issuance period shall be a once every six months period instead of the 12-month period referenced in paragraph 5.5.1, General.
a. Temporary healthcare structures shall comply with the provisions for such structures pursuant to NCGS § 160D-915, as amended.
b. Connection to public or private water and sewer systems shall comply with all applicable City, County, and State regulations.
a. Temporary healthcare structures are allowed for one 12-month period. The temporary use permit can be renewed on an annual basis as long as compliance with all applicable regulations is documented and a renewal of a doctor’s certification is provided.
b. Removal of the structure
shall comply with NCGS § 160D-915, as amended.
a. The temporary structure
shall be permitted only while construction activities are being performed.
b. The temporary structure
(s) are allowed for up to 24 months and the permit can be renewed one time to provide an additional 12 months of use on the site.
c. The temporary structure
shall be removed from the site when construction ceases, or the building permit
expires, whichever occurs first.
Temporary structures shall be located on the site and shall comply with all setback
requirements of the district, and shall not be placed within required landscaping.
Tents used as temporary uses require permits from the fire marshal’s office
as well as a temporary use permit.