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Erwin City Zoning Code

ARTICLE XI

INDUSTRIAL DISTRICT M-1

Sec. 36-309.- Intent.

This district is established to protect and promote suitable locations for wholesaling, manufacturing and processing industries.

(Code 1977, § 9-4031.1)

Sec. 36-310. - Permitted principal uses and structures.

The following are permitted principal uses and structures:

(1)

Manufacturing, assembling and processing industries.

(2)

Wholesale, warehouse, and transfer activities.

(3)

Farms and agricultural uses.

(4)

Vehicular services.

(5)

Family care home.

(6)

Convenience store.

(7)

Municipal facilities.

(8)

Offices for business and professional purposes.

(9)

Mobile food vendors.

(10)

Athletic and exercise facilities, indoor and instructional.

(11)

Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building

(12)

Outdoor dining

(13)

Educational uses

(14)

Trades and similar enterprises catering to household and business establishments.

(15)

Public facilities.

(16)

Brewery/microbrewery.

(17)

Distillery.

(Code 1977, § 9-4031.2; Ord. of 5-3-2012; ZT-2013-005 , § 2, 10-3-2013; Ord. No. 2013-2014:006, § 2, 1-9-2014; Ord. of 11-20-2014; Ord. No. 2023-2024-002 , 7-6-2023)

Sec. 36-311. - Permitted accessory uses and structures.

The following are permitted accessory uses and structures:

(1)

Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See article XV of this chapter.)

(2)

Commercial signs customarily incidental to a business establishment subject to the provisions of article XIX of this chapter, except industrial sites that are 50 acres or greater than the provisions set forth in section 36-549(6), special provisions for certain signs.

(3)

Wholesale and warehouse activities may include retail showroom, display, or sales area as an accessory use.

(Code 1977, § 9-4031.3; Ord. No. 2013-2014:004, § 2, 1-9-2014)

Sec. 36-312. - Special uses.

The following are special uses:

(1)

Junkyards and auto salvage yards. (Refer to section 36-424.)

(2)

Billboards and outdoor advertising signs. (Refer to article XIX of this chapter.)

(3)

Body piercing establishments. Body piercing establishments may not be located within 300 feet of another body piercing establishment, tattoo parlor/establishment or an adult entertainment establishment.

(4)

Tattoo parlor/establishment. Tattoo parlors/establishments may not be located within 300 feet of another tattoo parlor/establishment, body piercing establishment or an adult entertainment establishment.

(5)

Flea markets/rummage sales (see definition) that are enclosed completely within a building.

(6)

Adult entertainment establishments. No adult entertainment establishment shall be located within 1,000 feet of another adult entertainment establishment. No adult entertainment establishment shall be located within 1,000 feet of any property zoned for residential use or any church or school. No adult entertainment establishment shall be located within 300 feet of a tattoo parlor/establishment or body-piercing establishment. Note: All measurements for the preceding distances shall be measured from the property lines of the lots of said uses as shown on a current survey or where a current survey is not available, as shown on the county official tax maps.

(7)

Tower (collocation alternatives shall be encouraged as well as the use of existing structures for antennae placement).

(8)

Outdoor storage (see definition), provided that in the interest of safety to children and adjacent property, outdoor storage areas shall be encompassed by a wall, at least six feet high, or a fence and buffer strip approved by the planning board.

(9)

Electronic gaming operations within M-1 and B-2 Zoning District.

(Code 1977, § 9-4031.4; Ord. of 5-3-2001; Ord. of 3-11-2010; Ord. of 9-6-2012; Res. No. 2021-2022-001 , 7-1-2021; Ord. No. 2023-2024-002 , 7-6-2023)

Sec. 36-313. - Dimensional requirements.

The following regulations shall govern all permitted and conditional uses in this district:

(1)

Minimum lot area: 40,000 square feet (0.918 acres).

(2)

Minimum lot width: 100 feet.

(3)

Minimum required front yard: 40 feet.

(4)

Minimum required rear yard: 20 feet except where a lot abuts a residential district. In such an instance, the abutting rear yard shall be at least 30 feet wide.

(5)

Minimum required side yard: 15 feet except where a lot abuts a residential zoned lot. In such an instance, the abutting rear yard shall be at least 30 feet wide.

(6)

Maximum building height: 35 feet unless each required setback is increased by one foot for each foot above 35 feet.

The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Non-residential buildings located within the areas identified Medium Intensity, High Intensity, Downtown, and Employment Center Land Use Classifications are exempt from the district height requirement if they conform to the following:

a.

Highest point of the building shall not exceed 80 feet.

(7)

Maximum lot coverage by all structures: 50 percent.

All setbacks shall be measured from either the property line or public right-of-way whichever is closer. If no public right-of-way exists then the measurement will be taken from the access easement line.

(Code 1977, § 9-4031.5; Ord. of 8-2-2012; Ord. No. 2019-2020-007 , 3-5-2020)

Sec. 36-314. - Buffers.

(a)

Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential.

(b)

The buffering requirement may be waived by the board of adjustment along any boundary, which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas.

(Code 1977, § 9-4031.6; Ord. of 12-10-2009)

Sec. 36-315. - Off-street parking and loading.

Refer to article XVIII of this chapter.

(Code 1977, § 9-4031.7)

Sec. 36-316. - Signs.

Refer to article XIX of this chapter.

(Code 1977, § 9-4031.8)

Sec. 36-317. - Lights.

Refer to article XVII of this chapter.

(Code 1977, § 9-4031.9)

Sec. 36-318. - General provisions.

Refer to article XV of this chapter.

(Code 1977, § 9-4031.10)