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Durham City Zoning Code

Article

5 Use Regulations

5.1.1. Use Table Key

A. Types of Uses

1. Permitted (P)

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 planClosed of record for the property under consideration. They are not subject to the limited use standards found in Sec. 5.3, Limited UseClosed Standards.

2. Permitted Subject to Limitations (L)

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 UseClosed 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 planClosed of record for the property under consideration.

3. Special Use Permit Required (M or m)

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 UseClosed 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 planClosed exists for the site and the specifications on the development planClosed comply with paragraph 3.5.6D.10, Uses and Minor/Major Special UseClosed Permits; or the development planClosed also serves as a site planClosed or preliminary platClosed pursuant to paragraph 3.5.6F, Development PlanClosed as Site PlanClosed/Preliminary PlatClosed. This allowance shall not apply to text-only developmentClosed plans.

4. Development Plan Required (‡)

A stacked addition symbol (“‡”) indicates that a use is allowed through approval of a development planClosed submitted in accordance with Sec. 3.5, Zoning Map Change, or if not in conflict with an existing development planClosed for the property under consideration. For planned districts without a development planClosed (a zoning designation resulting from translational zoning from previous zoning ordinances), the stacked addition symbol (“‡”) shall be considered Permitted (P).

5. Not Permitted (Blank Cell)

A blank cell in the use table indicates that a use is not allowed in the respective district.

B. Use Categories

Characteristics, principal uses and accessory uses of the various use categories are found in Sec. 5.2, UseClosed Categories.

C. Notes

The “Notes” column on the use table is a cross-reference to the applicable limited use standards in Sec. 5.3, Limited UseClosed Standards, and, for residential uses, the intensity standards in Article 6, District Intensity Standards and the design standards imposed in Article 7, Design Standards.

 

5.1.2. Use Table

 

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

AGRICULTURAL USESClosed

 

 

 

 

 

Agriculture

All agriculture, except as listed below

L

L

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.3.1A

ApicultureClosed

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Commercial cropClosed production

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

5.3.1A

ForestryClosed

L

L

L

L

L

L

L

L

L

L

L

 

L

L

L

L

L

L

L

 

L

L

5.3.1B

Agriculture (County Only)

Bona fide farmsClosed

Bona fide farmsClosed shall be permitted in accordance with NCGS §160D-903.

 

RESIDENTIAL USES

 

 

 

 

 

Household Living

Single-familyClosed

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

Two-familyClosed

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, Art. 16, 7.1.7

MultifamilyClosed

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

Family care homeClosed

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.3.2D

Manufactured home parkClosed or subdivisionClosed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‡ L

 

 

 

 

 

 

 

5.3.2E

Upper storyClosed residential

 

 

 

 

 

 

L

L

L

L

 

L

 

 

 

‡ L

 

L

L

L

6.10.2, 6.11.3, 6.11.5, 6.11.7, Art. 16

Group Living

All group living, except as listed below

 

 

m

m

m

m

m

m

 

m

 

 

 

 

‡ m

 

 

 

‡ m

m

 

 

 

Co-LivingClosed

m

m

m

m

m

m

P

P/L/m

P/L/m

P/L/m

 

P

 

 

‡m

 

P

P

P

5.3.2F

Commercial dorm

 

 

L/m

 

L/m

L/m

L/m

L/m

 

L/m

 

 

 

 

 

‡ L

 

 

 

L

L/m

L/m

5.3.2A

Congregate living facilityClosed

 

 

L/m

L/m

L/m

L/m

L

L

L

L

 

 

 

 

‡ L/m

 

 

 

‡ L/m

L

L

L

5.3.2B

Group homeClosed

 

L/m

L/m

L/m

L/m

L/m

L

L

L

L

 

 

 

 

‡ L/m

 

 

 

‡ L/m

L

L

L

5.3.2C

Independent Living FacilityClosed

 

 

m

m

m

m

P

P

P

P

 

 

 

 

‡ m

 

 

 

P

P

P

 

PUBLIC AND CIVIC USES

 

 

 

 

 

Community Service

 

All community service, except as listed below

P

P

P

P

P

P

P

P

P

P

 

P

 

 

 

 

P

P

P

 

Auditoriums

 

 

 

 

 

 

 

 

L

L

L

P

 

 

 

‡ L

‡ L

 

‡ L

P

L

L

5.3.3A

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

5.3.3C

MuseumsClosed

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

5.3.3G

ShelterClosed, food bank or kitchen

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

5.3.3O

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

5.3.3E

Drop-in or short-term care

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

‡ L

 

‡ L

P

P

P

 

Educational Facilities

School, primary or secondary

 

 

 

 

 

 

P

P

P

P

P

P

P

 

‡ L/m

P

P

P

5.3.3K

Universities or collegesClosed

 

M

M

M

M

M

P

 

P

P

P

P

P

 

‡ M

P

P

P

 

Vocational, trade or business schools

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

 

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

5.3.3F

Correctional facilitiesClosed

 

 

 

 

 

 

 

 

 

 

 

 

L/M

L/M

 

 

‡ L/M

‡ L/M

 

L/M

 

 

5.3.3D

Medical Facilities

All medical facilities, except as listed below

 

 

 

 

 

 

P

P

P

P

 

P

P

 

 

P

P

P

 

HospitalsClosed

 

 

 

 

 

 

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

5.3.3H

CemeteriesClosed, mausoleumsClosed, columbaria, memorial gardens

L

L

L

L

L

 

 

 

L

L

 

 

L

 

‡L

 

‡L‡L‡L

L

L

L

5.3.3B

Passenger Terminals

All passenger terminals, except as listed below

M

 

 

 

 

 

 

 

 

M

L

 

M

M

 

 

 

 

 

 

 

 

5.3.7

Rail and Bus terminals

 

 

 

M

M

P

 

P

P

P

P

P

P

 

 

P

L

L

5.3.3I

Places of WorshipClosed

All places of worshipClosed

L/m

L/m

L/m

L/m

L/m

L/m

P

P

P

P

 

 

P

 

‡ L/m

P

P

P

5.3.3J

Social Service Institutions

All social service institutions

 

 

 

 

 

 

 

 

 

M

 

 

M

 

 

 

 

 

‡ M

M

 

 

 

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

5.3.3M

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 AntennaeClosed

L/m

 

 

 

 

 

 

 

 

 

L/m

L/m

L/m

L/m

 

 

 

‡ L/m

 

L/m

 

 

5.3.3L

Wireless CommunicationClosed Facility, 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

5.3.3N

UnipoleClosed Wireless CommunicationClosed Facility

L/M 1 /m

L/M 1 /m

 

 

 

 

L/M 1

 

L/M 1L/M 1L/M 1L/M 1L/M 1L/M 1

 

‡ L/M 1

‡ L/M 1‡ L/M 1‡ L/M 1L/M 1L/M 1L/M 1

5.3.3N

Wireless Communication Facility, FreestandingClosed Concealed

L/M 1 /m 2L/M 1 /m 2L/M 1 /m 2L/M 1 /m 2L/M 1 /m 2L/M 1 /m 2L/M 1L/M 1L/M 1L/M 1L/M 1L/M 1L/M 1L/M 1

‡ L/M 1 /m 2

‡ L/M 1‡ L/M 1‡ L/M 1‡ L/M 1L/M 1L/M 1L/M 1

5.3.3N

Wireless Communication Facility, FreestandingClosed Non-Concealed

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 L/M 1 /m L/M 1 /m

 

 

5.3.3N

COMMERCIAL USES

 

 

 

 

 

Indoor Recreation

All indoor recreation, except as listed below

 

 

 

 

 

 

P

P

 

P

 

P

P

 

 

 

P

P

P

 

Adult establishmentClosed

 

 

 

 

 

 

 

 

 

 

 

 

L/m

L

 

 

 

 

 

 

 

 

5.3.4A

Conference centerClosed, retreat houseClosed, event venueClosed, banquet hallClosed

L/m

 

 

 

 

 

L

L

L

L

L

L

L

 

‡L

‡ L

‡ L

‡ L

L

L

L

5.3.4X

Electronic gaming operationsClosed

 

 

 

 

 

 

 

 

 

L

 

 

L

 

 

 

‡ L

 

 

 

 

 

5.3.4J

Firing rangeClosed, indoor

 

 

 

 

 

 

 

 

 

L

 

 

L

L

 

 

‡ L

 

 

 

 

 

5.3.4K

Nightclub or barClosed

 

 

 

 

 

 

L

L/m

 

L

 

L

L

 

 

 

‡ L

 

‡ L

L

L

L

5.3.4P

ShelterClosed, food bank or kitchen

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

5.3.3O

Outdoor Recreation

All outdoor recreation, except as listed below

L/m

 

 

 

 

 

 

L/m

 

L

 

L

L

 

 

 

‡ L

‡ L

L

L

L

5.3.4Q

CampgroundClosed, summer camp, RV camp

m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Drive-in theatre

 

 

 

 

 

 

 

 

 

L/m

 

 

L/m

 

 

 

 

 

 

 

 

 

5.3.4H

Firing rangeClosed, outdoor, archery, skeet

L/M

 

 

 

 

 

 

 

 

 

 

 

 

L/M

 

 

 

 

 

 

 

 

5.3.4L

Golf courseClosed, country club, swim club, tennis club

L

L

L

L

L

 

 

 

 

L

 

L

 

 

‡ L

‡ L

 

‡ L

‡ L

 

 

 

5.3.4M

MarinaClosed, boating facility

M

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Paintball

L/m

 

 

 

 

 

 

 

 

L/m

 

 

L/m

 

 

 

 

 

 

 

 

 

5.3.4R

Stadium, arena

 

 

 

 

 

 

 

 

M

 

 

 

M

 

 

 

 

‡ M

M

 

 

 

Overnight Accommodations

Hotel, motel, and extended stay residencesClosed

 

 

 

 

 

 

L

 

L

L

 

L

L

 

 

‡ L

‡ L

‡ L

‡ L

L

L

L

5.3.4N

Bed and breakfastClosed

L/m

L/m

L/m

L/m

L/m

L/m

L

L

L

L

 

 

L

 

‡ L/m

 

‡ L

 

‡ L

L

L

L

5.3.4D

Diet house

 

 

 

 

 

 

 

P

P

P

 

 

 

 

 

 

P

P

P

 

Parking, Commercial

All commercial parking

 

 

 

 

 

 

L

 

L

L

P

P

L

P

 

 

 

‡ L

L

L

L

5.3.4F

RestaurantsClosed

All restaurantsClosed, except as listed below

 

 

 

 

 

 

P

P

 

P

L

P

P

 

 

P

P

P

5.3.7

Drive-through facilitiesClosed

 

 

 

 

 

 

 

L

 

L

 

L

L

 

 

‡ L

‡ L

‡ L

 

 

 

5.3.4I

Retail Sales and Service

All retail sales and service, except as listed below

 

 

 

 

 

 

P

P

 

L

L

P

P

 

L

 

P

P

P

5.3.4B; 5.3.7

Antique shop

L

 

 

 

 

 

P

P

 

P

 

P

P

 

 

 

P

P

P

5.3.4C

Art, music, dance, photographic studio or gallery

 

 

 

 

 

 

P

P

P

P

 

P

P

 

 

P

P

P

 

Convenience storeClosed with gasoline sales

 

 

 

 

 

 

 

L

 

L

 

L

L

 

 

‡ L

 

‡ L

L

L

L

5.3.4G

Drive-through facilitiesClosed

 

 

 

 

 

 

 

L

 

L

 

L

L

 

 

‡ L

 

‡ L

 

 

L

5.3.4I

Payday Lenders

 

 

 

 

 

 

P

P

 

L

 

 

P

 

 

 

 

 

 

P

L

L

5.3.4S

Veterinary clinicClosed, animal hospitalClosed, kennelClosed

L

 

 

 

 

 

L

L

L

L

 

L

L

L

‡ L

 

‡ L

‡ L

‡ L

L

L

L

5.3.4W

Self-Service Storage

All self-service storage

 

 

 

 

 

 

 

 

 

L

 

 

L

L

 

 

 

‡ L

‡ L

 

 

 

5.3.4T

VehicleClosed Sales

Manufactured home sales

 

 

 

 

 

 

 

 

 

L

 

 

L

L

 

 

 

‡ L

 

 

 

 

5.3.4O

VehicleClosed sales, leasing, and rentals

 

 

 

 

 

 

 

 

 

L

 

L

L

L

 

 

‡ L

‡ L

 

L

 

 

5.3.4U

VehicleClosed Service

Car wash

 

 

 

 

 

 

 

 

 

L

 

 

L

L

 

 

‡ L

‡ L

 

 

 

 

5.3.4E

Vehicle service, minorClosed

 

 

 

 

 

 

L

L/m

 

L

 

 

L

L

 

 

‡ L

‡ L

‡ L

 

 

 

5.3.4V

Vehicle service, majorClosed

 

 

 

 

 

 

 

 

 

 

 

 

L

L

 

 

 

‡ L

 

 

 

 

5.3.4V

OFFICEClosed

 

 

 

 

 

OfficeClosed

All officesClosed uses

 

 

 

 

 

 

P

P

P

P

P

P

P

 

 

P

P

P

 

Drive-through facilitiesClosed

 

 

 

 

 

 

 

L

L

L

L

L

L

 

 

‡ L

‡ L

‡ L

 

 

L

5.3.4I

Research and DevelopmentClosed

 

 

 

 

 

 

P

P

P

P

L

P

P

P

 

 

P

P

P

5.3.7

INDUSTRIAL USES

 

 

 

 

 

Heavy Industrial

All heavy industrial, except as listed below

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

Asphalt plant

 

 

 

 

 

 

 

 

 

 

 

 

 

L/M

 

 

 

 

 

 

 

 

5.3.6A

Concrete manufacturing plant

 

 

 

 

 

 

 

 

 

 

 

 

 

L/M

 

 

 

 

 

 

 

 

5.3.6B

Hazardous and low-level nuclear disposalClosed and storage

 

 

 

 

 

 

 

 

 

 

 

 

 

L/M

 

 

 

 

 

 

 

 

5.3.6C

Wrecking, junk, and salvage yardsClosed

 

 

 

 

 

 

 

 

 

 

 

 

L/m

L

 

 

 

 

 

 

 

 

5.3.6H

Light Industrial Service

All light industrial service, except as listed below

 

 

 

 

 

 

 

 

 

 

L

L

P

P

 

 

 

 

L

L

L

5.3.6D

Resource Extraction

All resource extraction

 

 

 

 

 

 

 

 

 

 

 

 

 

L/M

 

 

 

 

 

 

 

 

5.3.6E

Warehouse and Freight Movement

All warehouse and freight movement

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

 

 

 

 

 

 

 

Waste-Related Service

All waste-related services, except as listed below

 

 

 

 

 

 

 

 

 

 

 

 

 

M

 

 

 

 

 

 

 

 

 

Recycling centersClosed

 

 

 

 

 

 

 

 

 

 

 

 

M

M

 

 

 

 

 

 

 

 

 

Transfer stationsClosed

 

 

 

 

 

 

 

 

 

 

 

 

L

L

 

 

 

 

 

 

 

 

5.3.6F

Wholesale Trades

All wholesale trade

 

 

 

 

 

 

 

 

 

m

 

 

P

P

 

 

 

 

L

 

 

5.3.6G

1.    If located within 300 feet of a designated North Carolina Scenic Byway.

2.    To determine which freestanding concealed or unipoleClosed facilities require a minor special use permit, see paragraph 5.3.3N.

3.    County Only

 

 

 

5.2.1. General

A. Approach to Categorizing Uses

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.

2. Use Determination

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, officeClosed, 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”.

B. Basis for Classifications

UseClosed 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.

C. Uses Not Specifically Listed

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 areaClosed 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. BuildingClosed and site arrangement;

8. Types of vehiclesClosed used and their parking requirements;

9. The relative number of vehicleClosed trips generated;

10. SignsClosed;

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.

D. Developments with Multiple Principal Uses

DevelopmentsClosed with multiple principal uses shall conform to the following:

1. When all principal uses of a developmentClosed fall within one UseClosed Category, the entire developmentClosed shall be assigned to that UseClosed Category;

2. When the principal uses of a developmentClosed fall within different UseClosed Categories, each principal use shall be classified in the applicable UseClosed Category and each use shall be subject to all applicable regulations for that UseClosed Category.

E. Principal Uses

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 stormwaterClosed 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 utilitiesClosed 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.

F. Accessory Uses

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.

G. Uses Not Included

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.

5.2.2. Agricultural Use Categories

Characteristics: Characterized by uses that create or preserve areas intended primarily for the raising of animals and cropsClosed, and the secondary industries associated with agricultural production.

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, personalClosed or commercial animal breeding and developmentClosed

ApicultureClosed

Greenhouse or nursery not engaged in retail trade, floriculture, horticulture, pasturage, row and field cropsClosed, viticulture, tree or sod farmClosed, silviculture

LivestockClosed auction

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 officesClosed

Auction ring

Barns, garages, sheds, silos, stables (noncommercial)

Home occupationsClosed

Sales of agricultural products grown or raised on the premises

Docks, noncommercial

Animal wasteClosed processing (see Waste-Related Service)

Commercial feed lots (see Heavy Industrial)

LivestockClosed slaughtering (Heavy Industrial)

Processing of food and related products (see Heavy Industrial)

Solid or liquid wasteClosed transfer or composting (see Waste-Related Service)

Housing for ranch or farmClosed labor (Household Living)

Resource Extraction

Limited Agriculture (City Only)

5.2.3. Residential Use Categories

A. Household Living

Characteristics: Residential occupancy of a dwelling unitClosed by a household on a month-to-month or longer basis.

Principal Uses

Accessory Uses

Uses Not Included

Manufactured Home, Class A or B, manufactured home parkClosed or subdivisionClosed

Multiplex, apartment

Single-familyClosed detached, zero lot lineClosed, traditional house, patio house, semi-attached house, duplex, townhouseClosed, detached rowhouse

Upper-story residential

Family care homeClosed

Accessory dwelling unitClosed (i.e. granny flats and mother-in-law apartments)

Accessory structureClosed

Ancillary indoor storage

Children’s play area or equipment

Greenhouse or nursery not engaged in retail trade

Home occupationClosed

In-house care for six or fewer personsClosed

Private community center

Private garage, barbecue pit, carport, tool or garden shed, storage unit, swimming pool

Docks, noncommercial

ApicultureClosed

Limited Agriculture (City Only)

Bed and breakfastClosed establishment, hotel, motel, inn, extended-stay facility (see Overnight Accommodations)

Group HomeClosed (see Group Living)

Independent Living FacilityClosed (see Group Living)

Congregate Living FacilityClosed (see Group Living)

Nursing or convalescent house (see Group Living)

Residential assisted living facility not having individual dwelling unitsClosed (see Group Living)

B. Group Living

Characteristics: Residential occupancy of a structureClosed by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care, training, or treatment.

Principal Uses

Accessory Uses

Uses Not Included

Co-livingClosed

Orphanage

Commercial dorm, fraternity or sorority

Congregate Living FacilityClosed

Group homeClosed

Hospice, nursing, or convalescent house

Independent Living FacilityClosed

Monastery, convent

Retirement center or life care community without individual dwelling unitsClosed

 

Ancillary indoor storage

Associated officesClosed

Food preparation and dining facility

Recreational facility

Staff residence

Alternative or post-incarceration facility (see Social Service Institutions)

Age-restricted dwelling unitsClosed that do not offer services associated with independent living facilitiesClosed or congregate care facilities (see Household Living)

Bed and breakfastClosed establishment, hotel, motel, inn, extended-stay facility (see Overnight Accommodations)

Family care homeClosed (see Household Living)

Membership club or lodgeClosed (see Indoor Recreation)

Treatment center, transient lodging or shelterClosed for the homeless (see Social Service Institutions)

5.2.4. Public and Civic Use Categories

A. Community Service

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 lodgeClosed (nonprofit)

Library

MuseumClosed

Neighborhood arts center or similar community facility (public)

Philanthropic institutionClosed

Senior center

Social service facility, food pantry or meal center, shelterClosed

Union hall

Accessory dwelling unitClosed

Ancillary indoor storage

Associated officeClosed

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 WorshipClosed)

Counseling in an officeClosed setting (see OfficeClosed)

Membership clubs and lodges (see Indoor Recreation)

Park (see Parks and Open Areas)

Private community center (see Household Living: Accessory UseClosed)

Treatment center, transient lodging or shelterClosed for the homeless (see Social Service Institutions)

B. Care Centers

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

Drop-in/short-term childcare centersClosed

Associated officeClosed

Food preparation and dining facility

Health, arts and crafts, and therapy area

Indoor or outdoor recreation facility

Counseling in an officeClosed setting (see OfficeClosed)

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 UseClosed)

C. Educational Facilities

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 hospitalClosed

Public, private and charter schools

Seminary

 

Adult continuing education program

Ancillary indoor storage

Associated officeClosed

Auditorium, theaterClosed

Cafeteria or other food service

Day care

Dormitory

Health facility

Housing for students or faculty

LaboratoryClosed, library

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)

 

D. Government Facilities

Characteristics: OfficesClosed, storage, and other facilities for the operation of local, state, or federal government.

Principal Uses

Accessory Uses

Uses Not Included

City, county, state, or federal government officeClosed

Correctional facilitiesClosed, jail, prison

Emergency services, fire, sheriff or medical station

Ancillary indoor storage

HelistopClosed

Associated officesClosed

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 wasteClosed transfer or composting (see Waste-Related Service)

Utilities (see Utilities)

E. Medical Facilities

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 officeClosed

Blood plasma donation center

Day treatment facilityClosed

HospitalClosed

Medical center

Medical clinicClosed

Medical laboratoryClosed

Medical officeClosed

Rehabilitation clinicClosed

Urgent care or emergency medical officeClosed

Ancillary indoor storage

Associated officeClosed

Cafeteria

Care Center

Chapel, ancillary worship space

HelistopClosed

Housing for staff or trainees

LaboratoryClosed

Limited internal support retail

Maintenance facility

Meeting area

Out-patient clinicClosed

Pharmacy

Recreational facility

Adult establishmentClosed (see Indoor Recreation)

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 hospitalClosed (see Educational Facilities)

 

F. Parks and Open Areas

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

CemeteryClosed, columbaria, mausoleumClosed, memorial park

Game preserve, wildlife management area, refuge, wild animal sanctuary, water conservation area

Park

PlaygroundClosed

Reservoir, control structureClosed, drainage well, water supply water well

Zoo

CampgroundClosed (public parkClosed only)

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 parkClosed only)

CampgroundClosed, private (see Outdoor Recreation)

Crematorium (see Light Industrial Service)

Firing rangesClosed (see Indoor or Outdoor Recreation)

Golf courseClosed, country club (see Outdoor Recreation)

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)

G. Passenger Terminal

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

AirportClosed

Bus terminal

HeliportClosed

Rail passenger terminal

Ancillary indoor storage

Associated officeClosed

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)

H. Place of Worship

Characteristics: Places of assembly that provide meeting areas for religious practice.

Principal Uses

Accessory Uses

Uses Not Included

Church, mosque, synagogue, or temple

Accessory dwelling unitClosed

Ancillary indoor storage

Associated officeClosed

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

ShelterClosed

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 UseClosed)

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, shelterClosed for the homeless (see Social Service Institutions)

I. Social Service Institutions

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 officeClosed

Day care

Food services and dining area

Meeting room

Staff residences located on-site

CemeteryClosed, columbariumClosed, mausoleumClosed, memorial park (see Parks and Open Areas)

Congregate care facility with individual units that meet the definition of a dwelling unitClosed (see Household Living)

Educational facility (see Educational Facilities)

Family care homeClosed (see Household Living)

Group homeClosed (see Group Living)

Philanthropic institutionClosed (see Community Service)

Residential assisted living facility without individual dwelling unitsClosed (see Group Living)

J. Utilities

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:

WasteClosed treatment plant, water tower or tank, water treatment facility, water reclamation facility, solar array power station

MINOR UTILITIES:

AM/FM/TV/HDTV broadcast facility

Electrical substation

Gas meter and regulator stations

Telephone exchange, water or wastewater pump station

Wireless CommunicationClosed Facility

Control, monitoring, data or transmission equipment

Associated storage

Maintenance yardClosed or buildingClosed (see Light Industrial Service)

Utility officeClosed (see OfficeClosed)

TV and radio studio (see OfficeClosed)

Reservoir or water supply (see Parks and Open Areas)

 

5.2.5. Commercial Use Categories

A. Indoor Recreation

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

Adult establishmentClosed

BarClosed, nightclub

Bowling alleyClosed, game arcade, pool hall, skating rink

Conference centerClosed, retreat houseClosed, event venueClosed, banquet hallClosed

Gymnastic facility, indoor sports academy

Indoor firing rangeClosed

Membership club and lodge

Movie or other theaterClosed

Ancillary indoor storage

Associated officeClosed

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)

B. 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

CampgroundClosed, summer camp, recreational vehicle RV parkClosedrk

Drive-in theaterClosed

Firing rangeClosed such as rifle range, archery range, handgun, or skeet shooting

Golf courseClosed, country club, swim club, tennis club

MarinaClosed, boating facility

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 officesClosed

Caretaker or security personClosed housing

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 shelterClosed

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)

C. Overnight Accommodations

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 breakfastClosed establishment

Diet House

Residency or Single Room Occupancy Hotel

Ancillary indoor storage

Associated officesClosed

Food preparation and dining facility

Laundry facility

Meeting facility

Off-street parking

Recyclable material storage (temporary)

Swimming pool, other recreational facility

CampgroundClosed, private (see Outdoor Recreation)

Hunting/fishing camp, dude ranch (see Outdoor Recreation)

Patient overnight accommodations (see Medical Facilities)

Transient lodging, shelterClosed for the homeless (see Social Service Institutions)

Recreational vehicle RV parkClosedrk (see Outdoor Recreation)

D. Parking, Commercial

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

StructureClosed intended to shield parking attendants from the weather

Bus barn (see Warehouse and Freight Movement)

Sale or servicing of vehiclesClosed (see VehicleClosed Sales and Service)

E. Restaurants

Characteristics: Establishments that prepare and sell food for on- or off-premise consumption.

Principal Uses

Accessory Uses

Uses Not Included

RestaurantClosed, fast-food restaurantClosed, pizza delivery facility, drive-in, yogurt or ice cream shop

Caterer located in a restaurantClosed

Ancillary indoor storage

Associated officesClosed

Deck, patio for outdoor seating or dining

Drive-through facilityClosed

Valet parking facility

BarClosed or tavern (see Indoor Recreation)

F. Retail Sales and Service

Characteristics: Companies or individuals involved in the sale, lease or rental of new or used products, or providing personalClosed services or repair to the general public.

Principal Uses

Accessory Uses

Uses Not Included

SALES-ORIENTED:

Convenience storeClosed (with or without gas sales)

Drive-through facilityClosed

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, produceClosed, sporting goods, stationery, tobacco and related products, vehicleClosed parts, and videos

PERSONALClosed SERVICE-ORIENTED:

Art, music, dance, or photographic gallery or studio

Athletic, tennis, swim or health club

Bulk mailing service

Caterer not located in a restaurantClosed

Dry-cleaning or laundry drop-off facility, laundromat

Funeral home or mortuary

Hair, nail, tanning, and personalClosed care service

Payday lenders or check cashing services

Photocopy, blueprint, and quick-sign service

Psychic or medium

 

Ancillary indoor storage

Associated officesClosed

Car wash at a convenience storeClosed with gas sales

Food preparation and dining area

Manufacture or repackaging of goods for on-site sale

Public recycling drop-off siteClosed

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 storeClosed with gas sales (see VehicleClosed Sales and Service)

Crematorium (see Light Industrial)

Food service contractorClosed (see Light Industrial Service)

Laundry or dry-cleaning plant (see Light Industrial Service)

Repair or service of motor vehiclesClosed, motorcycles, RVs, boats, and light and medium trucks (see VehicleClosed Sales and Service)

RestaurantClosed (see RestaurantsClosed)

Sale or rental of machinery, equipment, heavy trucks, buildingClosed materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurantClosed equipment, and store fixtures (see Wholesale Trade)

G. Self-Service Storage

Characteristics: Facilities providing separate storage areas for personalClosed or business use designed to allow private access by the tenant for storing or removing personalClosed property.

Principal Uses

Accessory Uses

Uses Not Included

Mini-warehouse

Multistory enclosed storage facility

Storage garage

Associated officeClosed

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 VehicleClosed Sales and Service)

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)

H. Vehicle Sales

Characteristics: Direct sales of passenger vehiclesClosed, light and medium trucks, and other consumer motor vehiclesClosed such as motorcycles, boats, and recreational vehiclesClosed.

Principal Uses

Accessory Uses

Uses Not Included

Manufactured housing sales

VehicleClosed sales, rental, or leasing facilities (including passenger vehiclesClosed, motorcycles, trucks, boats, and other recreational vehiclesClosed)

Ancillary indoor storage

Associated officesClosed

Incidental sale of parts

Single-bay, automatic car wash

VehicleClosed storage

Convenience storeClosed with gasoline sales (see Retail Sales and Service)

Retail sale of farmClosed equipment and machinery and earth moving and heavy construction equipment (see Heavy Industrial)

VehicleClosed parts sale as a principal use (see Retail Sales and Service)

I. Vehicle Service

Characteristics: Direct service to passenger vehiclesClosed, light and medium trucks, and other consumer motor vehiclesClosed such as motorcycles, boats, and recreational vehiclesClosed.

Principal Uses

Accessory Uses

Uses Not Included

Car wash

Vehicle Service, MajorClosed

Vehicle Service, MinorClosed

Ancillary indoor storage

Associated officesClosed

Incidental sale of parts

Single-bay, automatic car wash

Towing

VehicleClosed fueling

VehicleClosed storage

Convenience storeClosed with gasoline sales (see Retail Sales and Service)

Retail sale of farmClosed equipment and machinery and earth moving and heavy construction equipment (see Heavy Industrial)

VehicleClosed parts sale as a principal use (see Retail Sales and Service)

Maintenance yardClosed or facility (see Light Industrial Service)

J. Office Use Categories

Characteristics: Activities conducted in an officeClosed setting and focusing on business, professional, or financial services.

Principal Uses

Accessory Uses

Uses Not Included

Advertising officeClosed, business management consulting, data processing, financial business such as lender, investment or brokerage house, collection agencyClosed, real estate or insurance agent, professional service such as lawyer, accountant, bookkeeper, engineer, architect, sales officeClosed, travel agencyClosed, business incubator

Bank

Counseling in an officeClosed setting

TV or radio studio

Utility officeClosed

Research and developmentClosed

Ancillary storage

Cafeteria

Day care

Health facility

HelistopClosed

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

RestaurantsClosed (without drive through)

Conference centerClosed, retreat houseClosed, event venueClosed, or banquet hallClosed (See Indoor Recreation)

ContractorClosed or others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (see Light Industrial Service)

OfficeClosed/warehouse (see Warehouse and Freight Movement)

Urgent care or emergency medical officeClosed (see Retail Sales and Service)

 

K. Research and Development

Characteristics: Firms engaged in the fields of research and developmentClosed. Sites remain free of visitors and are primarily used for research and developmentClosed.

Principal Uses

Accessory Uses

Uses Not Included

Research, testing, and developmentClosed laboratoryClosed, pilot plantClosed, prototyping

Research‐related manufacturing

Accessory medical clinicClosed

Ancillary indoor storage

Associated officeClosed

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 materialsClosed, incinerators, warehousing and employee retail and service facilities

Residential unit for security purposes (single unit).

Sale or rental of machinery, equipment, heavy trucks, buildingClosed materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurantClosed equipment, and store fixtures (see Wholesale Trade)

Small‐scale catering establishments (see RestaurantsClosed).

5.2.6. Industrial Use Categories

A. Light Industrial Service

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. ContractorsClosed and buildingClosed maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

Principal Uses

Accessory Uses

Uses Not Included

BuildingClosed, heating, plumbing, or electrical contractorClosed, contractorClosed and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site

Clothing or textile manufacturing

Commercial bakery

Crematorium

Equipment rental

Exterminator

Food Service ContractorClosed

Janitorial and buildingClosed maintenance service,

Laundry, dry-cleaning, and carpet cleaning plants

Maintenance yardClosed or facility

Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items or electrical items, and toys

MicrobreweryClosed; micro-distilleryClosed

Movie production facility

Photo-finishing laboratoryClosed

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 shopClosed

Woodworking, including cabinet makers and furniture manufacturing

Accessory medical clinicClosed

Ancillary indoor storage

Associated officeClosed

Cafeteria

Day care

Employee recreational facility

On-site repair facility

Residential unit for security purposes (single unit)

BreweryClosed

Caterer (see RestaurantsClosed and Retail Sales and Service)

Manufacture and production of goods from composting organic material (see Waste-Related Service)

Outdoor storage yardClosed (see Warehousing and Freight Movement)

Sale or rental of machinery, equipment, heavy trucks, buildingClosed materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurantClosed equipment, and store fixtures (see Wholesale Trade)

B. Warehouse and Freight Movement

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 storageClosed, including nonflammable liquids, feed and grain storage, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store

Bus barn

Outdoor storage yardClosed

ParcelClosed services

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 officeClosed

Cafeteria

Daycare

Employee recreational facility

Outdoor storage yardClosed

Residential unit for security purposes (single unit)

Truck fleet parking and maintenance area

Bulk storageClosed of flammable liquids (see Heavy Industrial)

Mini-warehouse, multi-story enclosed storage facility, storage garages (see Self-Service Storage)

Solid or liquid wasteClosed transfer or composting (see Waste-Related Service)

 

C. Waste-Related Service

Characteristics: Characterized by uses that receive solid or liquid wastesClosed from others for transfer to another location and uses that collect sanitary wastesClosed or that manufacture or produceClosed goods or energy from the composting of organic material.

Principal Uses

Accessory Uses

Uses Not Included

Animal wasteClosed processing

Landfill, incinerator

Manufacture and production of goods from composting organic material

Recyclable material storage, including construction material

Recycling centerClosed

Transfer stationClosed

Ancillary indoor storage

Associated officeClosed

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)

D. Wholesale Trade

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 buildingClosed materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurantClosed equipment, and store fixtures

Wholesaling of food, clothing, auto parts, and buildingClosed hardware

Accessory medical clinicClosed

Ancillary indoor storage

Associated officesClosed

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)

E. Heavy Industrial

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 yardsClosed are located here. Sales to the general public are limited.

Principal Uses

Accessory Uses

Uses Not Included

Animal processing, packing, treating, and storage, livestockClosed slaughtering, processing of food and related products, production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products, production or fabrication of metals or metal products including enameling and galvanizing, sawmill

Asphalt plant

BreweryClosed

Concrete manufacturing plant

Hazardous or low-level nuclear materialClosed disposalClosed

Railroad freight yardClosed

Sale of farmClosed equipment and machinery and earth moving and heavy construction equipment

Wrecking, junk or salvage yardClosed

Associated officesClosed

Cafeteria

Product repair

Repackaging of goods

Warehouse, storage

Animal wasteClosed processing (see Waste-Related Service)

MicrobreweryClosed

Repair and service of motor vehiclesClosed, motorcycles, RVs, boats, and light and medium trucks (see VehicleClosed Sales and Service)

Store selling, leasing, or renting consumer, house, and business goods (see Retail Sales and Service)

F. Resource Extraction

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, borrowClosed pit

Quarries

Ancillary indoor storage

Associated officesClosed

Equipment storage

Solid or liquid wasteClosed transfer or composting (see Waste-Related Service)

Stockpiling of sand, gravel, or other aggregate materials (See Warehouse and Freight movement)

5.3.1. Agricultural Use Standards

A. Agricultural Uses

Agricultural usesClosed 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 usesClosed shall be allowed. In all other RS districts, only apicultureClosed, commercial cropClosed production, and forestryClosed are allowed.

2. For on-site sales as an accessory use pursuant to paragraph 5.2.2, Agricultural UseClosed Categories, no parking spacesClosed 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 adjacentClosed property, streamsClosed, and public or private stormwaterClosed collection systems.

5. The sale of compost is prohibited.

B. Forestry (City Only)

ForestryClosed 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.

5.3.2. Residential Use Standards

A. Commercial Dorms

Commercial dorms shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site planClosed 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.

B. Congregate Living Facility

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 densityClosed as the base densityClosed for dwelling unitsClosed with each room or suite considered a dwelling unitClosed.

2. Facilities with the following on-site common use facilities dining, recreation, health care, a convalescent center, and multifamilyClosed units; shall not exceed 1½ times the allowed multifamilyClosed base densityClosed of the district, with each unit counted separately, except in the DD District where there is no limit on the multifamilyClosed base densityClosed.

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 densityClosed for the district, with each room or suite considered a dwelling unitClosed, except in the DD District where there is no limit on the multifamilyClosed base densityClosed.

4. DensityClosed limits indicated above may be exceeded with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

C. Family Care Homes and Group Homes

FamilyClosed care and group homeClosed facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Family Care Homes

a. Family care homeClosed 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 homeClosed facility.

2. Group Homes

a. The facility shall meet all State requirements, and all applicable housing and buildingClosed code requirements.

b. The facility shall be separated by a minimum 1,125 linear feet from a group homeClosed or family care homeClosed facility. Measurements shall be made as a straight line measurement from the closest point on the property line of each facility.

D. Manufactured Home

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:

1. Class A Manufactured Homes

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 unitClosed.

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, screeningClosed of the foundation area shall be by a continuous, permanent masonry foundation or masonry curtain wall in accordance with NC BuildingClosed 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 BuildingClosed Code, freestanding or attached firmly to the primary structureClosed and anchored securely to the ground.

h. The moving hitch, wheels and axles, and transporting lights shall be removed.

2. Class B Manufactured Homes

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 BuildingClosed Code, free standing or attached firmly to the primary structureClosed and anchored securely to the ground.

d. The moving hitch, wheels and axles, and transporting lights shall be removed.

E. Manufactured Home Park or Subdivision

Manufactured Home ParksClosed or SubdivisionsClosed 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 PlanClosed and manufactured homes shall be permitted only where they have been expressly indicated on the approved Development PlanClosed.

3. Manufactured house subdivisionsClosed shall show the orientationClosed of the house to the street in the DevelopmentClosed 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 parkClosed shall maintain a side yardClosed of at least 10 feet.

6. DevelopmentClosed Plans for manufactured home parksClosed and subdivisionsClosed shall show lot layouts, and pedestrian walkways that connect the house with any support facilities.

F. Co-Living

Co-livingClosed 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-familyClosed or two-familyClosed residential subdivisionClosed.

 

5.3.3. Public and Civic Use Standards

A. Auditoriums

1. Except in design districts, auditoriums shall not be located adjacentClosed to residential uses.

2. In design districts, auditoriums shall not be permitted in the S2 sub-district of CD or CSD Districts.

B. Cemeteries, Columbaria, and Memorial Gardens

CemeteriesClosed, 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 cemeteriesClosed shall be allowed.

2. Within design districts, cemeteriesClosed shall not exceed 300 graves in size.

3. Refer to paragraph 7.8.9, CemeteriesClosed, for additional requirements.

C. Club or Lodge (Nonprofit)

Nonprofit clubs or lodges shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In Residential and PDR Districts:

a. All structures shall be located at least 30 feet from property lines. This distance can be reduced to the yardsClosed allowed per Sec. 6.9, Nonresidential and Group Living DevelopmentClosed in Residential DistrictsClosed, if a masonry wall at least six feet high is provided. The wall shall be located outside of the street frontageClosed area and maintain the height limitations pursuant to Sec. 9.9, Fences and Walls.

b. Parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, 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.

D. Correctional Facility

Correctional facilitiesClosed 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 buildingClosed 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 areaClosed.

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 adjacentClosed 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 worshipClosed.

5. Site developmentClosed shall be in conformance with the landscaping and dimensional requirements of the zoning district.

E. Day Care Facility

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 districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

3. The facility shall meet the following space requirements if children are the primary clients of the use:

a. Outdoor Play Space

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1402, as amended.

b. Indoor Play Space

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1401,

as amended.

F. Government Facilities

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 districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, 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.

G. Museum

MuseumsClosed 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 museumClosed.

2. MuseumsClosed shall not be permitted in the S2 sub-district of the CD and CSD Districts.

3. In residential districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

H. Parks and Open Areas

Parks and open areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Vehicle Use Area Landscaping Standards

On sites greater than two acres, the shrub requirements of paragraph 9.8.3B.3, Shrubs, and paragraph 9.8.2B, Vehicular UseClosed Areas Visible from AdjacentClosed Property, shall not apply if the vehicleClosed use areas are located 100 feet or more from property lines, and at least 25% of the total site areaClosed is left in natural vegetation.

2. Setbacks

a. For all structures, picnic areas, playgroundsClosed, and unlighted basketball courts and athletic fields:

(1) Except in Design districts, a 50-foot setbackClosed shall be maintained from property lines adjacentClosed to residentially zoned or used property.

(2) Design Districts

Except as required for the incidental buildingClosed type, a 15-foot setbackClosed shall be maintained instead of the required build-to zoneClosed in paragraph 16.2.1, BuildingClosed Placement Standards.

(3) Through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, the setbackClosed 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 buildingClosed orientationClosed 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 setbackClosed 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 setbackClosed shall be maintained from property lines adjacentClosed to residentially zoned or used property.

(2) Design Districts

Except as required for the incidental buildingClosed type, a 30-foot setbackClosed shall be maintained instead of the required build-to zoneClosed in paragraph 16.2.1, BuildingClosed Placement Standards.

(3) Through the issuance of a minor special use permit per Sec. 3.9, Special Use Permits, the setbackClosed may be reduced with measures used to reduce light and glare onto adjacentClosed 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 adjacentClosed 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 setbackClosed shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.

I. Passenger Terminals

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.

J. Places of Worship

Places of worshipClosed 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 worshipClosed 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 districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

K. Schools – Elementary, Middle, or High

Schools shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. UseClosed 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 buildingClosed codes and other applicable State laws.

2. In residential districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

L. TV/HDTV/AM/FM Broadcast Antennae

Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennaeClosed/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 structureClosed, equipment enclosures and ancillary structures shall meet the setbackClosed requirements of the underlying zoning district plus an additional six inches for every one foot of antennaClosed support structureClosed height.

2. The entire antenna-supporting structureClosed 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 obstructionClosed 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 bufferClosed shall surround the base of the broadcast antennaClosed 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. GradingClosed shall be limited only to the area necessary for the new broadcast antennaClosed.

a. If the proposed broadcast antennaClosed is the principal use of the property then landscaping per Article 9, Landscaping and Buffering, shall be applicable. Additionally, a bufferClosed equivalent to that required for an Industrial use adjoining a Residential use shall be provided around the broadcast antennaClosed equipment compound in the RR district; and a bufferClosed equivalent to that required for a Light Industrial use adjoining a Residential use around the broadcast antennaClosed equipment compound in all other districts.

b. If the proposed broadcast antennaClosed is to be located in front of an existing structureClosed on the same zone lot, a street bufferClosed shall also be required.

c. On sites in residential districtsClosed adjoining public rights-of-way an opaque fence consistent with the requirements of Section 9.9 shall surround the broadcast antennaClosed equipment compound.

5. The only signage that shall be permitted upon an antenna-supporting structureClosed/tower, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structureClosed, (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 signsClosed, and property manager signsClosed (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.

M. Utility Facilities

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 setbacksClosed, be fenced (unless totally enclosed within a structureClosed), and either be screenedClosed from view or designed to have a residential appearance.

2. In residential districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

N. Wireless Communication Facilities for Transmitting and Receiving Electronic Signals (WCFs)

1. The purpose of this section is to:

a. Minimize the safety and aesthetic impacts of wireless communicationClosed facilities (WCFs) on surrounding areas by establishing standards for location, setbacksClosed, structural integrity, and compatibility;

b. Encourage the location and collocationClosed of wireless communicationClosed 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 communicationClosed services in the City and County of Durham;

d. Regulate in accordance with all federal and State law applicable to wireless communicationClosed 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 communicationsClosed services.

2. Exceptions

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 communicationsClosed facility that does not include the addition of any new antennaClosed elements, feed linesClosed, and/or associated support equipment on the facility or in the equipment compound, or the placement of any new wireless communicationsClosed facility.

c. A government-owned wireless communicationsClosed 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 communicationsClosed facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.

d. Antenna-supporting structures, antennasClosed, and/or antennaClosed arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission, unless it qualifies as an eligible facility requestClosed.

e. Temporary mobile communication towers pursuant to Sec. 3.12, Temporary Use Permit, and paragraph 5.5.2H, Mobile Communication Tower.

f. Small wireless facilitiesClosed, or any other wireless communicationClosed facility, installed within public right-of-wayClosed 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.

3. General Requirements

a. WCFs and associated equipment shall be permitted in accordance with the use table in Section 5.1.

b. GradingClosed shall be limited only to the area necessary for the new WCF and equipment compound, and access to the facility.

c. Structural, Operational, and Insurance Requirements

Unless otherwise indicated below, the following shall apply to any site planClosed 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 buildingClosed, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety shall be met.

(2) The ownerClosed 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 planClosed application, site planClosed 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 orientedClosed 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 signClosed shall be posted and shall include the contact information of the ownerClosed of the WCF.

(5) Storage

(a) A WCF equipment compound shall not be used for the storage of any excess equipment or hazardous materialsClosed, nor be used as habitable space.

(b) No outdoor storage yardClosed(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 equipmentClosed.

(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 equipmentClosed, the following steps shall be taken:

(i) Upon notification by the City and/or County of interference with public safety communications equipmentClosed, the ownersClosed 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 ownerClosed 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 equipmentClosed, 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 planClosed, with documentation provided by the service provider(s).

(8) Pedestrian and Vehicular Movement

No facility, structureClosed, or associated equipment shall extend into an existing sidewalk or walkway, trail, drivewayClosed, bicycle or other vehicular parking area, or travel lane; or otherwise impede pedestrian or vehicular movement and circulation.

4. Standards for Specific Wireless Communication Facilities (WCFs)
a. Collocation – Concealed, Attached

(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) SetbacksClosed

The facility to which the WCF will be attached shall maintain the normal setbacksClosed of the zone.

(c) Aesthetics

(i) Concealed, attached WCFs, including cables, antennasClosed, 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, antennaClosed, and accessory equipment not otherwise camouflaged, as prescribed above, shall be hidden from view by installation interior to a supporting buildingClosed or facility, screenedClosed from off-site view, or installed in a location not visible off-site.

(2) Approval

Site planClosed approval is required pursuant to Sec. 3.7, Site Plan Review.

b. Collocation – Non-Concealed, Attached

(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 planClosed approval is required pursuant to Sec. 3.7, Site Plan Review.

c. Collocation on an Existing, Freestanding WCF

(1) Standard

The collocationClosed of additional wireless facilitiesClosed on existing, freestanding WCFs shall be consistent with the existing concealment method, if applicable, of the freestanding WCF.

(2) Approval

Site planClosed approval is required pursuant to Sec. 3.7, Site Plan Review.

d. Eligible Facility Request/Substantial Change

“Eligible facility requests” and “substantial changesClosed” to existing WCFs shall be regulated as follows:

(1) Site planClosed approval is required pursuant to Sec. 3.7, Site Plan Review.

(2) For applications that claim “eligible facility requestClosed” status for additional height to a freestanding WCF, a fall zoneClosed impact analysis shall be provided.

(a) The analysis shall include:

(i) A sealed engineering analysis of the fall zoneClosed with the additional height.

(ii) A sealed survey indicating all primary structures and facilities within the fall zoneClosed shall be provided.

(iii) A list of active buildingClosed permits with addresses within the fall zoneClosed, or a statement that at time of submittal no buildingClosed permits were issued within the fall zoneClosed.

(b) The analysis shall demonstrate the additional height does not impact primary structures or facilities if the support structureClosed should fail. If the impact analysis demonstrates there are no existing primary structures or facilities, or none pending with an active building permitClosed, within the fall zoneClosed with the additional height, then the application shall be considered an “eligible facility requestClosed.” Otherwise, the request shall be considered a substantial changeClosed.

(3) If an application qualifies as an eligible facility requestClosed, the modification shall be allowed with an approved site planClosed demonstrating compliance with applicable setbacksClosed 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 changeClosed 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 requestClosed 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 requestClosed 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 changesClosed shall be held to all applicable Ordinance requirements.

e. Freestanding, Concealed and Unipole WCF

        

(1) Standards

(a) Height

(i) General

Calculations of height shall include the foundation of the wireless support structureClosed at gradeClosed, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennasClosed.

(ii) In the RR District

The maximum height shall be 120 feet.

(iii) In PDR and All Residential DistrictsClosed Other than the RR District

The maximum height shall be limited to 20 feet above the allowable buildingClosed height of the underlying zoning district.

(iv) In All Other Districts Pursuant to Sec. 5.1, UseClosed Table

The maximum height shall be 180 feet.

(b) SetbacksClosed

The following setbackClosed requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.

(i) SetbacksClosed shall be measured from the base of the wireless support structureClosed.

(ii) The minimum setbackClosed from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in PDR and residential districtsClosed, a reduction in the minimum setbacksClosed may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(iii) The minimum setbackClosed from the centerline of a natural gas line easementClosed 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 bufferClosed of at least 60% opacityClosed 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 unipoleClosed WCFs less than 120 feet in height shall be engineered and constructed to accommodate at least two antennaClosed arrays.

(ii) Freestanding, concealed and unipoleClosed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antennaClosed arrays.

(iii) Freestanding, concealed and unipoleClosed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antennaClosed arrays.

(f) Monopines/Faux Trees

A monopine or faux treeClosed 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 gradingClosed 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 zoneClosed requirements shall be pursuant to paragraphs 8.3.1D.3.a, d, and e, Clusters of Trees.

(ii) Any tree protection zoneClosed 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 easementClosed 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 structureClosed to be designed as a tree trunk and antennaClosed 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 structureClosed, and shall cover any of the support structureClosed that extends above the tree line of the cluster of trees.

(2) Approval

In addition to applicable site planClosed 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 UseClosed 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 treeClosed, or unipoleClosed, 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 UseClosed Permit Approval, shall be required for any freestanding, concealed or unipoleClosed WCF proposed within 300 feet of a designated State of North Carolina Scenic Byway.

f. Freestanding, Non-Concealed WCF

(1) Standards

(a) General

(i) In all RR and RS-20 districts, freestanding, non-concealed WCFs shall only be permitted on parcelsClosed 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 structureClosed at gradeClosed, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennasClosed.

(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) SetbacksClosed

The following setbackClosed requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.

(i) The minimum setbackClosed 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 districtsClosed, a reduction in the minimum setbacksClosed may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(ii) The minimum setbackClosed from the centerline of a natural gas line easementClosed 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 bufferClosed of at least 60% opacityClosed 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 structuresClosed.

(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 antennaClosed arrays.

(ii) Freestanding, non-concealed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antennaClosed arrays.

(iii) Freestanding, non-concealed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antennaClosed arrays.

(2) Approval

In addition to applicable site planClosed 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 UseClosed 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 UseClosed Permit Approval, shall be required for any freestanding, non-concealed WCF proposed within 300 feet of a designated North Carolina Scenic Byway.

5. Applications Requiring Special Use Permit Approval

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 antennasClosed and equipment on an existing wireless support structureClosed or structures within the applicant’s geographic search ringClosed. CollocationClosed on an existing WCF support structureClosed is not reasonably feasible if collocationClosed is technically or commercially impractical, or the ownerClosed of the existing WCF support structureClosed is unwilling to enter into a contract at fair market valueClosed.

(2) That the use of existing facilities would prevent the provision of personal wireless servicesClosed 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 adjacentClosed 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.

c. Required Balloon Test

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) OwnersClosed 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 signClosed 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 adjacentClosed to the property of the proposed WCF site. The posting shall be at least 14 days before the test date. The signClosed 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 ownersClosed and their properties, a copy of the notification sent to each ownerClosed, and affidavits attesting to mailing and signClosed posting per Ordinance standards shall be submitted with the application for the special use permit.

6. Variance

Technical dimensional requirements shall not prohibit or have the effect of prohibiting the provision of personal wireless servicesClosed, pursuant to the Telecommunications Act of 1996. Applicants may seek variancesClosed, pursuant to the requirements of Sec. 3.14, VarianceClosed, to technical dimensional requirements that an applicant claims have the effect of prohibiting the provision of personal wireless servicesClosed.

7. Third Party Review

Due to the complexity of the methodology or analysis required to review certain applications for a wireless communicationClosed 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 varianceClosed application, including all supporting documentation. The third party review shall be submitted as evidence to the Board of Adjustment or governing body, as applicable.

8. Abandonment

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 ownerClosed 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.

9. Structural Integrity Certification

A third-party structural analysis sealed by a registered professional engineer with WCF expertise shall be submitted by the ownerClosed of the facility to the Planning Director, or designee, every five years from the date of the issuance of the certificate of complianceClosed for the support structureClosed. The analysis shall certify that the structureClosed has been inspected pursuant to the applicable buildingClosed and safety codes and is structurally sound. If the required structural certification cannot be provided, the Planning Director shall issue a notice of violationClosed and provide a timeframe to either repair or remove the facility.

O. Shelters; Food Pantry or Meal Center

SheltersClosed, 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 UseClosed shall not require a minor special use permit.

 

5.3.4. Commercial Use Standards

A. Adult Establishments

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 buildingClosed or structureClosed associated with the use shall be closer than 50 feet to a property line of an adjacentClosed nonresidential zone.

2. No property associated with the use shall be closer than 1,000 feet to a pre-existing place of worshipClosed, state licensed day care facility, public or private school, public parkClosed, 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 buildingClosed.

4. Measurements shall be made from the property line of the proposed adult establishmentClosed to the property line or zoning district line as noted above, and from the property line of any separate parking lotsClosed used for the adult establishmentClosed.

B. All Retail Sales and Service

Retail sales and service uses shall be permitted in accordance with the use table in paragraph 5.1.2, UseClosed 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 PlanClosed.

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 collegeClosed and not to attract additional traffic to the campus.

C. Antique Shops

Antique shops shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The parcelClosed on which the shop is located shall be a minimum of five acres.

2. Backlit signsClosed shall be prohibited.

3. The maximum parking allowed shall be no more than the minimum parking required.

D. Bed and Breakfasts

Bed and breakfastsClosed 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 ownerClosed or manager shall reside on site.

3. There shall be no substantial modifications to the exterior appearance of the structureClosed; however, fire escapes, handicapped entrances and other features required by buildingClosed 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 breakfastClosed home” or “bed and breakfastClosed 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 yardClosed.

E. Car Washes

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 vehiclesClosed shall be allowed on the site.

2. Provisions shall be made for an on-site drainage system to capture water used to wash vehiclesClosed. This water shall be discharged into a sanitary sewer system or another approved on-site system and shall not be discharged into the stormwaterClosed system.

F. Commercial Parking

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-familyClosed residential developmentClosed shall require installation of a wall a minimum of six feet in height along each property line adjacentClosed to residential developmentClosed 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-wayClosed or adjacentClosed property.

Commentary:  Parking areas will not be considered visible if they can only be seen by looking along drivewaysClosed.

G. Convenience Stores with Gas Sales

Convenience storesClosed 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 vehiclesClosed 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 materialClosed) spills occurring inside and outside the buildingClosed;

b. Counter measures for use in preventing fuel (or other hazardous materialClosed) spills from entering the stormwaterClosed collection system; and

c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwaterClosed 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 StoresClosed with Gas Sales shall not be permitted.

7. One parking spaceClosed per two fueling stations can be credited towards minimum parking requirements per paragraph 10.3.1, Required Motorized VehicleClosed and Bicycle Parking, with the following limitations:

a. No more than 50% of required parking spacesClosed 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 structureClosed and the street.

H. Drive-In Theaters

Drive-in theatersClosed 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 boulevardClosed.

2. The face of the projection screenClosed shall not be visible from any public street within 1,500 feet.

3. Food sales shall be available to patrons of the drive-in theaterClosed only.

4. VehicleClosed areas shall be visually shielded so that lights will not shine onto adjacentClosed property.

I. Drive-Through Facilities

1. Except in the CSD District, drive-through facilitiesClosed 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 facilityClosed.

b. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plansClosed.

c. Any speaker systems associated with a drive-through facilityClosed shall be designed and located so as not to adversely affect adjacentClosed uses.

d. Drive-through lanes between the right-of-wayClosed of a roadway and a buildingClosed shall require landscaping pursuant to Sec. 9.8, VehicleClosed UseClosed 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 adjacentClosed roadway.

e. (County Only) Within the SRP-C District, no drive-through lanes or other vehicular areas shall be located between the primary structureClosed and the street.

2. Drive-through facilitiesClosed 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 UseClosed 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 plansClosed.

b. Drive-through facilitiesClosed shall only be permitted for bank or pharmacy uses.

c. Drive-through facilitiesClosed shall be limited to one lane and shall not be located in any street yardClosed or any side yardClosed.

d. To minimize the visual impact when drive-through facilitiesClosed are visible from the street, the facility shall be incorporated into the overall buildingClosed design with material selection and design details.

e. Any speaker systems associated with a drive-through facilityClosed shall be designed and located so as not to adversely affect adjacentClosed uses.

J. Electronic Gaming Operations

Electronic gaming operationsClosed shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Electronic gaming operationsClosed 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 worshipClosed;

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 worshipClosed, 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 operationClosed, consisting of either a buildingClosed 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 signsClosed allowed shall be one.

7. No signClosed shall have changeable copyClosed.

K. Firing Range, Indoor

Indoor firing rangesClosed 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 permitClosed for a dwelling, school, day care, or place of worshipClosed.

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.

L. Firing Range, Outdoor

Outdoor firing rangesClosed 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 AirportClosed Overlay. Proposals located within five miles of Raleigh Durham AirportClosed shall provide a letter from the AirportClosed 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, heliportsClosed, and helistopsClosed. 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 worshipClosed.

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.

a. Backstop standards for ranges up to 900 feet in length:

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.

b. Backstop standards for ranges greater than 900 feet in length:

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 bufferClosed of 80% adjacentClosed to vacant land, or 100% adjacentClosed to developedClosed land, as applicable, shall be required around the perimeter of the site.

8. The entrance and exit to an outdoor firing rangeClosed 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.

M. Golf Course, Country Club, Swim Club, Tennis Club

Golf coursesClosed, 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 buildingClosed or clubhouse shall be closer than 100 feet to any residential use.

2. In residential districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

N. Hotels, Motels, and Extended Stay Residences

Hotels, motels, and extended stay residencesClosed 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 residenceClosed is through or adjacentClosed to (including directly across a public right-of-wayClosed from) a residential districtClosed or use, unless such access is consistent with an approved development planClosed that specifies the type, size, and intensity of use.

2. All hotel, motel, and extended stay residenceClosed buildings, vehicular use areas that are at gradeClosed or higher, and elements of associated underground vehicular use areas that extend to gradeClosed or higher shall be located at least 50 feet from any property line adjacentClosed to a residential districtClosed or use.

3. Any accessory commercial activities such as restaurantsClosed shall not be located along the side of the property adjacentClosed to a residential districtClosed or use.

4. Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacentClosed to a residential districtClosed 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 residenceClosed is 200 feet or less from a residential districtClosed or the property line of a single-familyClosed residential use, unless such location is consistent with an approved development planClosed 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 residenceClosed 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 residenceClosed is adjacentClosed to a residential districtClosed.

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 adjacentClosed 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 adjacentClosed to a residential districtClosed 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 residenceClosed is adjacentClosed to a residential districtClosed 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 adjacentClosed pre-existing residential use at ground level not located within the SRP-C District.

O. Manufactured Home Sales

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 districtClosed or use.

2. The display area shall be set back a minimum of 25 feet from the street right-of-wayClosed.

3. In addition to the landscaping requirements found in Article 9, Landscaping and Buffering, the following landscaping shall be provided within any street yardClosed:

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 screenedClosed 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 signsClosed 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.

P. Nightclubs or Bars

Nightclubs or barsClosed 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.

2. Distance from a Place of Worship

a. With the exception of nightclubs or barsClosed located within a Design District, the applicant shall demonstrate that no existing place of worshipClosed 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 worshipClosed is located within 50 feet of the proposed nightclub or similar establishment.

c. Measurements shall be made from the point on the place of worshipClosed, whether on the buildingClosed 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 buildingClosed, associated parking area, or outdoor activity area that is closest to the place of worshipClosed.

3. No outside storage shall be located on the site.

4. Additional Design District Requirements

Nightclubs and barsClosed 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 barClosed.

b. Nightclubs or barsClosed 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 districtClosed boundary to the point on the proposed nightclub or barClosed, whether on the buildingClosed or associated parking area that is closest to the residential districtClosed boundary.

c. Outside Activities

For outside activities, the following standards shall be met:

(1) For the area between the building lineClosed and the right-of-wayClosed, excluding alleysClosed, 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-wayClosed 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 adjacentClosed properties; and

(ii) A minimum three-foot-high fence or wall at the property line along rights-of-way.

(iii) When a buildingClosed wall is present along adjacentClosed properties, no fence or wall shall be required along the length of that buildingClosed 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 planClosed.

5. (County Only) Within the SRP-C District, the following shall apply:

a. The applicant shall demonstrate that no existing place of worshipClosed 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.

Q. Outdoor Recreation

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 adjacentClosed to (including directly across a public right-of-wayClosed) a residential districtClosed or use, unless such access is consistent with an approved development planClosed 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 adjacentClosed to a residential districtClosed.

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 setbackClosed from any property line adjacentClosed to a residential districtClosed or use shall be maintained for any unlighted structureClosed, food sale or dining area, playgroundClosed, viewing area, court, field, or other athletic or entertainment area or facility.

a. CD and CSD Districts

Except as required for the incidental buildingClosed type, a 15-foot setbackClosed shall be maintained instead of the build-to zoneClosed in paragraph 16.2.1, BuildingClosed Placement Standards.

b. DD District

Except as required for the incidental buildingClosed type, no setbackClosed or build-to zoneClosed is required.

c. (County Only) Within the SRP-C District, a 15-foot setbackClosed shall be maintained from any property line adjacentClosed to a residential districtClosed 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 setbackClosed from any property line adjacentClosed to a residential districtClosed or use shall be maintained for any lighted structureClosed, food sale or dining area, playgroundClosed, viewing area, court, field, or other athletic or entertainment area or facility.

a. CD and CSD Districts

Except as required for the incidental buildingClosed type, in the CD and CSD Districts, a 30-foot setbackClosed shall be maintained instead of the build-to zoneClosed in paragraph 16.2.1, BuildingClosed Placement Standards. In addition, the site planClosed 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 adjacentClosed residential districtClosed or use.

b. DD District

Except as required for the incidental buildingClosed type, no setbackClosed or build-to zoneClosed is required.

c. (County Only) Within the SRP-C District, a 30-foot setbackClosed shall be maintained from any property line adjacentClosed to a residential districtClosed or use not located within the SRP-C District. In addition, the site planClosed 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 adjacentClosed residential districtClosed 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 structureClosed, miniature golf coursesClosed shall have a maximum site areaClosed of 0.5 acres.

b. Outdoor recreation uses are only allowed on the roof of a structureClosed if they are set back a minimum of 10 feet from the buildingClosed face, in addition to any buildingClosed 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 adjacentClosed right-of-wayClosed. In association with ballparks, batting cages are allowed to be visible from adjacentClosed right-of-wayClosed.

d. Design Standards

(1) Uncoated chain link fencing is prohibited except when the outdoor recreation use is on the roof of a structureClosed and the fencing is not visible from the adjacentClosed right-of-wayClosed.

(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 zoneClosed as established by paragraph 16.2.1, BuildingClosed Placement Standards.

(3) All fences and walls shall be in conformance with the standards of Sec. 9.9, Fences and Walls.

6. In residential districtsClosed, parking located between the structureClosed and the street shall be set back from the right-of-wayClosed beyond the minimum or maximum street yardClosed, as applicable.

R. Paintball or Similar Recreation Facilities on Natural Sites

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 adjacentClosed to any existing place of worshipClosed, day care or school.

3. All activities shall take place at least 100 feet from any residential districtClosed 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 buildingClosed shall be located at least 100 feet from all property lines. Total buildingClosed floor areaClosed shall be as follows:

a. For sites in the Rural Tier, total buildingClosed floor areaClosed shall be in accordance with the table below:

Site Acreage

Maximum BuildingClosed Floor AreaClosed (square feet)

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 buildingClosed floor areaClosed shall be 750 square feet.

6. A bufferClosed consistent with that of an Industrial UseClosed adjacentClosed to a Residential UseClosed 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.

S. Payday Lenders

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.

T. Self-Service Storage

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 screenedClosed from view from adjacentClosed properties pursuant to Sec. 9.7, ScreeningClosed, except where storage units are not visible off-site and all access to individual storage units are from corridors internal to the buildingClosed.

U. Vehicle Sales, Leasing, and Rentals

VehicleClosed 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 vehiclesClosed or equipment shall be within a completely enclosed buildingClosed.

2. VehicleClosed or equipment repairs made on-site shall be subject to the restrictions of paragraph 5.3.4V, VehicleClosed Service, and VehicleClosed Service Limited.

3. Adequate on-site area shall exist for the loading and unloading of vehiclesClosed from car carriers to ensure that no such loading or unloading occurs in any public right of way.

4. VehicleClosed 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 UseClosed 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 bufferClosed pursuant to Sec. 9.4, Project Boundary Buffers, is required between the edge of the display area and the property line or right-of-wayClosed.

b. Plants can be grouped together, provided that a contiguous growing area as specified in The Landscape Manual for Durham, North Carolina, not encroachedClosed upon by impervious pavement, shall be provided for each planted tree. Sidewalks shall be permitted to encroachClosed 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 adjacentClosed 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 alleyClosed) or access easementClosed and the display area if the display area is more than 50 feet from the right-of-wayClosed or access easementClosed.

5. VehicleClosed sales, leasing, and rental facilities in the CI and Design districts shall meet the requirements of paragraph 9.8.4, Vehicular UseClosed Area Landscaping in the CI and Design districts.

6. The provisions of Sec. 7.5, Outdoor Display, shall not apply. No vehiclesClosed 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 UseClosed 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 vehicleClosed sales facilities shall be permitted. No outdoor vehicleClosed storage or sales are allowed.

e. Off-site loading and unloading is permitted in association with indoor sales.

V. Vehicle Service, Minor or Major

VehicleClosed 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 StoresClosed with Gas Sales.

2. Any repair, servicing, maintenance or other work on vehiclesClosed shall be conducted within an enclosed structureClosed.

3. No outdoor storage shall be allowed.

4. No more than two inoperable motor vehiclesClosed 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 buildingClosed;

b. Counter measures for use in preventing spills from entering the stormwaterClosed collection system; and

c. Routine cleanup procedures for work areas and parking areas. Wash-down water shall not be permitted to enter the stormwaterClosed collection system.

6. Existing vehicleClosed 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 screenClosed (a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screenClosed all outdoor operations of the vehicle repair shopClosed, including vehicleClosed storage, from off-site views, including views from rights-of-way and adjoining properties.

b. Additional screeningClosed 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.

W. Veterinary Clinics, Animal Hospitals, and Kennels

Veterinary clinicsClosed, animal hospitalsClosed, and kennelsClosed shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. No outdoor runs, kennelsClosed, or storage shall be allowed in PDR or Design districts. (County Only) No outdoor runs, kennelsClosed, 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 adjacentClosed residential use in a residential districtClosed.

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 adjacentClosed residential use in a non-residential district.

4. Within the S2 sub-districts of the CD and CSD Districts, KennelsClosed shall not be permitted.

5. In the RR District, parking located between the structureClosed and the street shall be set back at least 25 feet from the right-of-wayClosed.

X. Conference Centers, Retreat Houses, Event Venues, or Banquet Halls

Conference centers, retreat housesClosed, event venuesClosed, 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 yardClosed.

 

5.3.5. Office Use Standards

A. Reserved

5.3.6. Industrial Use Standards

A. Asphalt Plants and Other Facilities for the Manufacture and Storage of Chemicals, Petroleum Products, Explosives, and Allied Products (When Not an Accessory Use – Service Stations and Research Laboratories are not Addressed by this Provision)

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 buildingClosed.

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.

B. Concrete Manufacturing Plants

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 adjacentClosed to an existing hospitalClosed, day care facility, educational facility, place of worshipClosed, 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 boulevardClosed.

4. Property boundaries facing public streets shall be fenced with a six-foot-high fence and the fence shall be two-thirds screenedClosed by vegetation at planting.

C. Hazardous and Low Level Nuclear Material Disposal and Storage Areas

Hazardous and low level nuclear materialClosed disposalClosed 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.

D. Light Industrial Uses

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 yardClosed or facility; and

c. Regional recycling centerClosed.

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 yardClosed or facility; and

c. Regional recycling centerClosed.

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.

E. Resource Extraction

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.

F. Transfer Stations

Transfer stationsClosed shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The transfer stationClosed shall only handle wasteClosed that can be legally handled or disposed of in a solid wasteClosed landfill facility. This limitation shall not preclude use of the transfer stationClosed site for collection, processing, storage, and transfer of recyclable materials or for other wasteClosed reduction activities.

2. The transfer stationClosed entrance drivewayClosed shall be located on a major thoroughfare or boulevardClosed, and located within 2,000 feet of an interstate highway interchange.

3. There shall be at least 500 feet of separation between the transfer stationClosed facility [buildingClosed and vehicular use areas adjacentClosed to the buildingClosed] and the nearest residential structureClosed.

4. The facility shall conform to all applicable State and federal regulations.

G. Wholesale Trade

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.

H. Wrecking, Junk, and Salvage Yards

Wrecking, junk, and salvage yardsClosed 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 screenedClosed from view. The fence shall be six-feet high, measured from the lowest point of gradeClosed. 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 buildingClosed;

b. Countermeasures for use in preventing spills from entering the stormwaterClosed collection system; and

c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwaterClosed collection system.

4. Existing wrecking, junk and salvage yardsClosed that were in operation prior to January 1, 1994, and do not comply with all of the provisions listed above, shall provide an opaque screenClosed (a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screenClosed the facility from off-site views, including views from rights-of-way and adjoining properties. Additional screeningClosed 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.

5.3.7. SRP District Use Standards

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 restaurantsClosed without drive-through windows, are allowed as an accessory use with the following conditions:

1. No signsClosed shall be visible off-site.

2. The use shall be located within a buildingClosed housing a principal use allowed in the District.

5.4.1. Accessory Structures

Accessory structures shall be subject to the following additional requirements:

A. The square footage of an accessory structureClosed shall not be larger than the primary structureClosed.

B. Accessory structures shall be located as follows:

1. Accessory structures associated with a single-familyClosed or duplex structureClosed shall be located to the rear of the front building lineClosed of the primary structureClosed, with the following limitations and exceptions:

a. Except in the RU and RC Districts, the accessory structureClosed 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 structureClosed provided that:

(1) It is not located in the street yardClosed; and

(2) It is on a lot at least two acres in size.

d. Attached Accessory Structures

Attached accessory structures are allowed where a single structureClosed maintains a shared common wall along a side or rear lot line that separates two lots.

(1) This allowance does not supersede any applicable buildingClosed 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 lineClosed of the primary structureClosed(s) and shall be subject to the side and rear yardClosed requirements of those districts.

3. The location of accessory structures associated with Places of WorshipClosed shall not be restricted, with the following exceptions:

a. Except in the RU and RC Districts, the accessory structureClosed 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 parcelsClosed less than two acres, accessory structures shall not be allowed in the street yardClosed between the primary structureClosed and the right‐of‐way. On corner lots, this restriction shall only apply to one street yardClosed, at the discretion of the applicant.

d. For parcelsClosed in the Urban and Downtown Tiers, no more than 75% of the site may contain accessory structures. For parcelsClosed in all other tiers, no more than 50% of the parcelClosed may contain accessory structures.

4. Accessory structures for all other developmentClosed not listed above shall be located to the side or rear of the primary structureClosed, but not within side or rear yardsClosed. For developmentsClosed with more than one primary structureClosed, the primary structureClosed located closest to the right-of-wayClosed shall be used to locate the accessory structureClosed.

5. On corner lots, one of the two street yardsClosed may be developedClosed using the side yardClosed (single) standard of the base zoning district.

6. On flag lots, an accessory structureClosed may be located in front of the primary structureClosed.

C. The maximum height of an accessory structureClosed shall not exceed the greater of a) two storiesClosed and 32 feet or b) the height of the primary structureClosed in feet.

D. Within Special Flood Hazard Areas and Future Conditions FloodClosed Hazard Areas, an accessory structureClosed 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 buildingClosed 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 structureClosed with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofingClosed certificate. Elevation or floodproofingClosed 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 structureClosed shall not exceed the lesser of 3 storiesClosed or 40 feet and shall not exceed the primary structureClosed in height; and

2. The structureClosed shall be compatible with the primary structureClosed in style, materials, roof form, and details.

5.4.2. Accessory Dwellings

Accessory dwellings shall be subject to the following additional requirements:

A. Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

Accessory dwellings shall not be permitted in Special Flood Hazard Areas or Future Conditions FloodClosed Hazard Areas.

B. General

1. An accessory dwelling unitClosed shall be allowed as follows:

a. On a residential lot developedClosed with one or two primary dwelling unitsClosed. Only one accessory dwelling shall be allowed.

b. For certain civic uses as indicated in Sec. 5.2, UseClosed Categories, provided that:

(1) Multiple accessory dwelling unitsClosed shall be allowed for paragraph 5.2.4H, Place of WorshipClosed, 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 yardClosed requirements applicable to primary structures.

(3) The maximum size of each unit shall be 1,000 square feet on a single storyClosed and 1,200 heated square feet total. There shall be no maximum for collective square footage across multiple accessory dwelling unitsClosed.

(4) No additional parking is required.

(5) No special use permit is required. Place of WorshipClosed 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 PlanClosed Review.

c. DensityClosed limits shall not apply to accessory dwelling unitsClosed.

d. If a primary dwelling is a single‐family residence, an accessory structureClosed may be a duplex, so long as the total heated sf of the Accessory Dwelling UnitClosed (ADU) does not exceed 1,200 square feet for both units combined.

2. The accessory dwelling can be located within the primary structureClosed (attached) or separate (detached) from the primary structureClosed.

3. A nonconforming accessory structureClosed 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 varianceClosed pursuant to Sec. 3.14, VarianceClosed, may be required.

4. The heated floor areaClosed of the accessory dwelling shall not exceed 1,000 square feet on a single storyClosed and 1,200 square feet total, except in the RR District, where the heated or air-conditioned floor areaClosed can be a maximum of 50% of the primary dwelling heated or air-conditioned floor areaClosed on lots of four acres or larger. However, in no instance shall the floor areaClosed of an accessory dwelling unitClosed equal or exceed the floor areaClosed of the primary structureClosed.

Commentary:   Accessory dwelling unitsClosed are required to meet all applicable buildingClosed and housing codes.

5. UseClosed of a travel trailer or recreational vehicleClosed (RV) as an accessory dwelling shall be prohibited within a residential districtClosed 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.

7. Height

a. For detached accessory dwelling unitsClosed, the maximum height for accessory structures shall apply.

b. Accessory dwellings that are an addition to the primary structureClosed shall conform to the applicable height limits for the primary structureClosed.

c. Height limits shall not be considered if the accessory dwelling is only a conversion of existing space within the primary structureClosed.

5.4.3. Amateur Wireless Facility

A. Non-commercial, amateur, ham radio or citizen’s band antennaClosed supporting structures, antennasClosed or antennaClosed arrays with an overall height less than 50 feet in Residential districtsClosed or with an overall height less than 70 feet in all other zoning districts can be developedClosed, if in accordance with the following additional requirements.

1. Towers and support structures shall meet the setbackClosed 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 antennaClosed supporting structures, with a height greater than as provided above shall be regulated in accordance with paragraph 5.3.3N, Wireless CommunicationClosed Facilities for Transmitting and Receiving Electronic Signals.

5.4.4. Home Occupations

Home occupationsClosed shall be allowed within any residential use subject to the following regulations:

A. General

The following requirements shall apply to all home occupationsClosed:

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 occupationClosed is located.

4. VehiclesClosed used primarily as passenger vehiclesClosed shall be permitted in connection with the home occupationClosed. Only one commercially licensed vehicleClosed shall be allowed, except in the RS-20 and RR districts, where up to two heavy equipmentClosed vehiclesClosed can be permitted. All heavy equipmentClosed vehiclesClosed associated with a home occupationClosed permit shall be screenedClosed from view from adjoining properties and the public right of way.

5. No equipment or process shall be used in connection with the home occupationClosed that creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable off-site.

6. No hazardous materialsClosed can be manufactured, stored, processed or disposed of on the premises.

7. The home occupationClosed shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupationClosed shall not exceed 30% of the floor areaClosed of the livable portion of the dwelling.

8. An accessory structureClosed or an accessory dwelling can be used for all or a portion of the floor areaClosed of the home occupationClosed but the combined total square footage devoted to the home occupationClosed 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 occupationClosed shall be prohibited except to meet the accessibility requirements of the Americans with Disabilities Act.

Commentary: UseClosed of an accessory structureClosed for a home occupationClosed may require modification of the structureClosed to meet the habitable space requirements of the BuildingClosed Code. If outside employees are associated with the home occupationClosed, modifications to an accessory structureClosed 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.

B. Rural Home Occupations

The following requirements shall apply to all home occupationsClosed 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 personsClosed residing on the premises, up to three nonresident employees can be engaged in the home occupationClosed.

2. If a home occupationClosed is located within an accessory structureClosed or dwelling, the accessory structureClosed 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 occupationClosed 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 occupationsClosed utilizing these provisions shall be required to cease operations if the parcelClosed size is reduced to less than 10 acres.

C. Other Home Occupations

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 personsClosed residing on the premises and up to one nonresident employee can be engaged in the home occupationClosed.

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 occupationClosed.

D. Telecommuting

TelecommutingClosed shall not be considered a home occupationClosed.

5.4.5. Storage of One or More Junk Vehicles

5.4.6. Manufactured Home Storage

Storage of a manufactured home shall be prohibited within a residential districtClosed 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.

5.4.7. On-Site Recycling Facilities and Drop-Off Sites

Commentary:  On-site recycling facilities and public recycling drop-off sitesClosed should not be confused with recycling centersClosed, 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 sitesClosed include facilities located in church or school parking lotsClosed 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 multifamilyClosed 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 sitesClosed 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.

5.4.8. Satellite Dishes (Earth Stations)

Satellite dishes (earth stations) that are less than one meter (39.37 inches) in diameter in residential districtsClosed 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 UseClosed Permit issued in accordance with Sec. 3.9, Special Use Permit, shall be required.

B. If attached to a roof or buildingClosed, a letter certifying the roof’s and buildingClosed’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.

5.4.9. Swimming Pools

Commentary: In-ground and above-ground pools are subject to any applicable public health and buildingClosed 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:

A. Private Pools

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 structureClosed unless located to the rear of the primary structureClosed, and shall not be closer than five feet to any property line.

B. Outdoor Community Pools, Private Club Pools, or Townhouse, Detached Rowhouse, Multiplex and Apartment Pools

1. Except for roof-top pools, outdoor pools including decking shall be located at least 100 feet from any property line adjacentClosed to a single-familyClosed residential districtClosed or use. For purposes of this paragraph, a district or use that is across a public right-of-wayClosed shall not be considered adjacentClosed.

2. When the pool is adjacentClosed 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 opacityClosed of 50%.

5.4.12. Domestic Chickens (City Only)

A. Purpose

The purpose of this section is to authorize and provide standards for the keeping of domesticated chickensClosed. It is intended to enable residents to responsibly keep a small number of female chickensClosed on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.

B. Definitions

ChickenClosed,” “ChickenClosed Coop,” and “Chicken PenClosed” are defined in Sec. 17.3, Defined Terms.

C. Number and Type of Chickens Allowed

The maximum number of chickensClosed allowed is 10 per lot, regardless of how many dwelling unitsClosed are on the lot. Only female chickensClosed are allowed. There is no restriction on chickenClosed breeds.

D. Personal Use Only

1. Eggs, chicks, adult chickensClosed, and processed chickensClosed shall not be sold. ChickenClosed manure and compost using chickenClosed manure shall not be sold or otherwise distributed.

2. ProduceClosed on which chickenClosed manure from the permitted chickensClosed has been used as fertilizer, or on which compost made with such manure has been used, shall not be sold.

E. Chicken Enclosures

A chicken coopClosed and chicken penClosed shall be provided. ChickensClosed shall be secured in the chicken coopClosed during non-daylight hours. During daylight hours chickensClosed can be located in the chicken penClosed and can be located outside of the pen in a securely fenced yardClosed or chickenClosed tractor/portable pen if supervised by an adult personClosed.

F. Construction, Design, and Location for Coop and Pen

1. Location

Notwithstanding the location requirements of paragraph 5.4.1, Accessory Structures, chicken coopsClosed shall be located at least 15 feet from any property line or public right-of-wayClosed, and chicken pensClosed shall be located at least five feet from any property line or right-of-wayClosed.

2. Coop

a. Except as required in paragraph 1, above, the chicken coopClosed 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.

3. Pen

a. The chicken penClosed 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.

G. Maintenance

1. The chicken coopClosed, chicken penClosed, and surrounding area shall be kept in a sanitary condition at all times.

Commentary: The chicken coopClosed should provide adequate security, ventilation, and shelterClosed from moisture and temperature extremes. ChickensClosed 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. ChickensClosed should be provided adequate bedding in the chicken coopClosed 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, StormwaterClosed 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 chickensClosed 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 adjacentClosed property, public area, or right-of-wayClosed. If a chickenClosed 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 wasteClosed.

H. Waste Storage and Use

1. No more than two cubic feet of chickenClosed 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 chickenClosed manure shall be producedClosed in an enclosed backyard composter.

Commentary:  Be aware that unprocessed chickenClosed manure may contain pathogens that can be transmitted to produceClosed 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.

5.4.13. Cluster Box Unit (CBU)

A. General

1. If required by the United States Postal Service (USPS), CBUs for residential developmentsClosed 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 structureClosed requirements pursuant to paragraph 5.4.1, Accessory Structures, the requirements of this section shall apply.

B. Location

1. CBUs shall be located as follows:

a. Within a primary buildingClosed, such as an apartment buildingClosed, or an accessory facility serving the developmentClosed 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-wayClosed and common access drives at least 50 feet interior to the developmentClosed.

2. CBUs can be located in open spaceClosed or in a common access easementClosed. The area of each CBU located in common open spaceClosed shall count towards any required open spaceClosed for the developmentClosed.

C. Parking and Pedestrian Access

1. The number of motor vehicleClosed parking spacesClosed 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 SpacesClosed

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 officesClosed, and parking bays designated for visitor parking.

b. Such parking areas shall include a designated handicap accessible parking spaceClosed in a location meeting USPS requirements.

3. Pedestrian Access

a. Walkways or sidewalks shall connect CBUs to parking areas and the overall walkway and sidewalk system of the developmentClosed.

b. All CBUs shall be accessed by walkways or sidewalks meeting handicap accessibility width and paving requirements.

5.5.1. In General

A. The maximum allowed time period for a Temporary UseClosed Permit is 45 days, unless otherwise specified below. A Temporary UseClosed 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 obstructClosed pedestrian or vehicular access or circulation; and shall not obstructClosed access to fire hydrants or connections.

5.5.2. Specific Temporary Uses

A. Carnivals

1. General

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.

2. Location

Carnivals shall not be permitted in residential districtsClosed. All facilities associated with a carnival shall be located at least 100 feet from the property line of the closest residential property or use.

3. Permitted Timeframe

No carnival shall be permitted for any period longer than 10 days.

B. Christmas Tree Sales Lots

1. General

Christmas tree sales lots shall require a temporary use permit if located in a residential districtClosed.

2. Permitted Timeframe

No Christmas tree sales lot requiring a permit shall be permitted for any period longer than 60 days.

C. Circuses

1. Location

Circuses shall not be permitted in residential districtsClosed. All facilities associated with a circus shall be located at least 100 feet from the property line of the closest residential property or use.

2. Permitted Timeframe

Temporary UseClosed Permits for a circus shall not be granted for any period longer than 10 days.

D. Construction Management Buildings

1. General

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 permitClosed. Manufactured homes are permitted during construction for this use.

2. Permitted Timeframe

The temporary buildings shall be removed prior to the issuance of a final certificate of complianceClosed for the construction project, or upon the expiration of the building permitClosed associated with the construction project.

E. Land Clearing and Inert Debris Landfills (LCIDs)

1. General

LCIDs shall comply with all applicable local, State, and federal regulations.

2. Size

The total disposalClosed area shall be less than two acres is size.

3. Permitted Timeframe

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.

F. Farmers’ Markets

A farmers marketClosedt can operate with a temporary use permit as follows:

1. Unless prohibited within the committed elementsClosed of a development planClosed, farmers marketsCloseds are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worshipClosed, 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 producersClosed, as defined in Sec. 17.3, Defined Terms.

c. All products sold shall be food or beverage products, farm productsClosed, or value-added farm productsClosed.

d. Provisions for recycling and wasteClosed removal. All recycling and wasteClosed 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. SignsClosed: SignsClosed are permitted as follows:

(1) SignsClosed erected only during market hours:

(a) No signClosed permit is required.

(b) One signClosed per street frontageClosed is allowed.

(c) The maximum signClosed area per signClosed is 24 square feet.

(d) SignsClosed 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 SignsClosed, shall apply.

(2) Permanent signsClosed:

Permanent signsClosed shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage planClosed of the overall developmentClosed site hosting the market. If no common signage planClosed exists for the host site, a common signage planClosed shall be required.

4. Parking

a. During hours of operation, the minimum motor vehicleClosed 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 spacesClosed of the host property shall be permitted to count towards required market parking so long as a document signedClosed by the property ownerClosed and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spacesClosed during the hours of operation of the farmers marketClosedt.

(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 marketClosedt. 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-wayClosed, with no crossing of freewaysClosed or expresswaysClosed.

G. Manufactured Homes

1. Following a Fire or Natural Disaster that Causes an Existing Building to be Uninhabitable
a. General

Class A or B manufactured homes are be permitted as temporary residences following a fire or natural disaster.

b. Location

Such manufactured homes shall be located to the rear of the site unless site conditions make such location impractical.

c. Permitted Timeframe

Temporary UseClosed 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 ComplianceClosed is received for the permanent structureClosed.

2. During Home Construction in the RR District
a. General

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.

b. Location

Any manufactured homes used for this purpose shall be located to the rear of the site unless site conditions make such a location impractical.

c. Permitted Timeframe

The manufactured home shall not be permitted for periods longer than 12 months, though such permits may be renewed one time, if valid buildingClosed 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.

3. For Custodial Care
a. General

Class A or B manufactured homes may be permitted as temporary accessory dwellings to provide custodial care.

b. Location

Manufactured homes used for this purpose shall only be permitted in residential districtsClosed on sites developedClosed with a single-familyClosed residence. The manufactured home shall be located to the rear of the primary structureClosed and shall maintain all required setbacksClosed of the district.

c. Permitted Timeframe

(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.

d. Approval Process

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.

H. Mobile Communication Towers

1. General

Mobile communication towers permitted as temporary uses shall not exceed 125 feet in height.

2. Permitted Purpose and Timeframe

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.

I. Outdoor Sales

1. Residential

Garage or yardClosed sales in residential districtsClosed shall not require a temporary use permit provided they comply with the following requirements:

a. General

(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.

b. Permitted Timeframe

No more than four sales occur on any single site in any calendar year, with a minimum period between sales of three months.

2. Nonresidential

Commentary:  For outdoor sales located within the public right-of-wayClosed, 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 parcelClosed 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 produceClosed.

J. Portable On-Site Storage/Temporary Dumpster on Residential Property

1. General
a. Portable On-site Storage

A portable on-site storage unit is any container designed for the storage of personalClosed property and for transport by commercial vehicleClosed that is typically rented to ownersClosed or occupants of property for their temporary use. A portable on-site storage unit is not a buildingClosed or structureClosed.

(1) Associated with a Building PermitClosed

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 permitClosed issued by the Durham City-County Inspections Department.

(2) No Building PermitClosed

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.

b. Temporary Dumpster

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 PermitClosed

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 permitClosed issued by the Durham City-County Inspections Department.

(2) No Building PermitClosed

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.

2. Location
a. Single-Family Residences

Except as authorized above, a portable on-site storage unit or temporary dumpster for a single-familyClosed residence shall be located in the drivewayClosed or at least five feet from any property line behind the front building lineClosed of the primary structureClosed.

b. All Other Types of Residences

Except as authorized above, a portable on-site storage unit or temporary dumpster for any residential housing type other than a single-familyClosed residence shall be located in an on-site vehicular use area and shall not obstructClosed any drive aisle or blockClosed any required parking spaceClosed.

3. Size

The longest dimension of a portable on-site storage unit, or the longest aggregate dimension of multiple units, shall not exceed 20 feet.

4. Permitted Timeframe

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.

K. Public Facilities

1. General

Structures associated with government activities shall be incidental to a permanent use or buildingClosed located on the site.

2. Location

Except for modular school classrooms, the temporary public facilityClosed can be located within street yardsClosed, but not within any required parking or landscape area. An all-weather surface shall be provided for access to the temporary public facilityClosed.

3. Permitted Timeframe

Except for modular school classrooms, the temporary public facilityClosed shall not be permitted for periods longer than three years, although the permit can be renewed once for up to an additional 24 months.

4. Modular School Classrooms

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 stormwaterClosed 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 ComplianceClosed for the modular units;

d. Documentation provided by the applicant that demonstrates the existing parking facilities can accommodate the additional classrooms, or additional parking spacesClosed 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.

L. Real Estate Offices and Model Homes

1. General

Temporary facilities used as real estate sales or leasing officesClosed or model homes may be located within new residential developmentClosed.

2. Location

Such facilities shall be required to meet all setbackClosed requirements of the underlying zoning district and shall not be used as residences.

3. Permitted Timeframes

A facility permitted as a temporary real estate sales or leasing officeClosed shall be removed upon completion of sales or leasing in the residential developmentClosed.

M. Special Events

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.

N. Temporary Healthcare Structures

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.

2. Permitted Timeframe

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 structureClosed shall comply with NCGS § 160D-915, as amended.

O. Temporary Structures on Nonresidential Construction Site

1. Permitted Timeframe

a. The temporary structureClosed shall be permitted only while construction activities are being performed.

b. The temporary structureClosed(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 structureClosed shall be removed from the site when construction ceases, or the building permitClosed expires, whichever occurs first.

2. Location

Temporary structures shall be located on the site and shall comply with all setbackClosed requirements of the district, and shall not be placed within required landscaping.

P. Tents

Tents used as temporary uses require permits from the fire marshal’s officeClosed as well as a temporary use permit.