All listed uses are permitted by right according to the terms of this article. Conditional uses are permitted subject to additional regulations imposed. Any proposed use not listed within this article is prohibited. Any requested changes or uses not listed shall follow the requirements of article XXIII, changes and amendments of this chapter.

(Code 1977, § 9-4041.1)

The regulations established by this article within each district shall apply uniformly to each class or kind of structure or land.

(Code 1977, § 9-4041.2)

The minimum yards or other open spaces required by this article for each and every building hereafter erected, moved, or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements of any other building.

(Code 1977, § 9-4041.3)

Every building hereafter erected, moved, or structurally altered shall be located on a lot and in no case shall there be more than one principal building and its customary accessory building on a lot except in the following cases:

(1)

Multifamily dwellings in appropriate zoning districts.

(2)

An approved planned unit development or complex of residential or commercial buildings in an appropriate zoning district.

(3)

Institutional or industrial uses such as a school campus, hospital campus, industrial parks, research parks, etc.

(Code 1977, § 9-4041.4; Ord. of 4-7-2011)

The maximum lot coverage for all development in all residential zoning districts shall be 50 percent.

(Code 1977, § 9-4041.5)

Where the owner of a lot, at the time of the adoption of this article, or the owner's successor in title thereto does not own sufficient land to enable them to conform to the dimensional requirements of this article, such lot may be used as a building site in the district in which it is located; provided, that the lot width and lot area are not more than 20 percent below the minimum specified in this article. In any case where the lot area and lot width are more than 20 percent below the minimum specified in this article or other dimensional requirements cannot be met, the board of adjustment may approve, as a special exception, such dimensions as shall conform as closely as possible to the required dimensions.

(Code 1977, § 9-4041.6)

(a)

Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum of ten feet between the primary structure and any accessory building/structure as well as ten feet between each accessory building/structure.

(b)

Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard.

(1)

Minimum side setback: Ten feet.

(2)

Minimum rear setback: Ten feet.

(3)

Minimum setback from principal structure: Ten feet.

(4)

Maximum building height for accessory structures shall not exceed 20 feet mean roof height with the exception of schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35 feet mean roof height.

(c)

The following uses are permitted within accessory buildings in residential areas:

(1)

Parking.

(2)

Gazebo.

(3)

Pool houses.

(4)

Equipment enclosure.

(5)

Workshop.

(d)

Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard.

(e)

Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only.

(f)

All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed.

(Code 1977, § 9-4041.7; Ord. of 5-6-2010; Ord. of 2-7-2013)

(a)

Pools. All pools, whether aboveground or in-ground, shall be built only in rear yards. The term "pool" includes all structures, and walks or patio areas of cement, stone, or wood at or above grade, built for, and used in conjunction with the pool.

(1)

A pool shall not exceed 45 percent of a required rear yard.

(2)

Pools shall be setback a minimum of ten feet from all side and rear property lines. Patio areas at grade have no setback requirements from rear and side lot lines.

(3)

A pool shall be enclosed by a privacy fence with a minimum height of six feet and a maximum height of eight feet.

(4)

Pools located in rear yards on corner lots which are greater then 22,000 square feet shall be located in the rear yard opposite the abutting street, unless the rear yard is screened by a wall or privacy fence.

(b)

Satellite dishes. Satellite dishes less than 20 inches in diameter may be located anywhere on a lot. All other satellite dishes shall adhere to the following standards:

(1)

Satellite dishes shall be no larger than eight feet in diameter.

(2)

The maximum height shall be 15 feet, unless the applicant can prove:

a.

A less intrusive location is not possible;

b.

A higher location will improve reception;

c.

The dish must be installed and grounded properly;

d.

Satellite dishes may not be located in front or side yards and shall meet all setbacks applicable to accessory structures;

e.

Satellite dishes shall be screened from view with dense landscaping materials, fences, or other solid materials, to the extent that it does not impair reception;

f.

Satellite dishes with a reflective surface shall be painted a subdued or natural color; and

g.

Satellite dishes shall not be located on a roof.

(c)

Yard sale. Yard sales, as defined in this chapter, are specifically permitted as an accessory use in all residential zones and all properties currently used by residential purposes. Such sales may be conducted in the front yard provided sales do not exceed 48 hours (consecutive) in length, with sales only during daylight hours, and no more than one per month. No zoning compliance permits are required for these sales.

(d)

On-premises produce stands. On-premises produce stands requiring a building permit are no longer considered to be temporary and shall only be permissible as an accessory use in the RD (Rural District) only. On-premises produce stands requiring a building permit shall also require a regular zoning permit.

(1)

Products shall be produced on the premises.

(2)

All parking shall be accommodated by off-street parking.

(3)

Shall have reasonable ingress, egress and on-site vehicular travel.

(4)

Maximum of one sign with a maximum sign area of 36 square feet.

(Code 1977, § 9-4041.8; Ord. No. 2013-2014:008, 3-6-2014; Ord. No. ZT-2013-003 , § 2(9-4041.8), 9-5-2013)

No building shall be erected on a lot which does not abut a public dedicated street for a distance of at least 50 feet in an R-6 district, 75 feet in R-10 and R-15 districts, and 100 feet in a Rural District. Culs-de-sac located in R-6, R-10, and R-15 subdivisions must abut a public dedicated street for a distance of at least 40 feet. A building in a designed shopping center in a commercial district or a planned project in a residential district may be erected adjoining a parking area or other dedicated open space used in common with other lots.

(Code 1977, § 9-4041.9)

All principal structures shall display their street address clearly on their building to enable emergency vehicles to locate emergency calls. The following standards shall apply:

(1)

Street numbers shall be a minimum of three inches in height.

(2)

Street numbers shall be a color that contrasts with the surface it is mounted on.

(3)

Street numbers shall be clearly visible from the roadway.

(4)

The total street numbering area allowed shall be three square feet.

(5)

Structures that are not visible from the street must have the street numbers placed at the entrance of the driveway that is used to access the structure. The numbers must adhere to the above standards and shall be placed on a mailbox or signpost that is clearly visible from the roadway.

(Code 1977, § 9-4041.10)

The height limitations contained in the dimension requirements do not apply to spires, belfries, cupolas, antennas, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Code 1977, § 9-4041.11)

No portions of any entrance driveway leading from a public street shall be closer than 20 feet to the corner of any intersection as measured from the intersecting right-of-way line.

(Code 1977, § 9-4041.12)

Construction of curb cuts for purposes of ingress or egress to property abutting a public right-of-way shall be approved by the public authority in the town which has jurisdiction over the maintenance of public streets and the state department of transportation, highway commission, where said curbs affect access to state highways. Provision for all access work done on highway rights-of-way is subject to approval by the highway commission.

(Code 1977, § 9-4041.13)

Temporary buildings, manufactured homes, recreational vehicles (RV's), and modular buildings used for nonresidential and residential purposes may be located in any zoning district, but only if they are temporary uses, such as construction offices, equipment storage receptacles, temporary residence, pending completion of permanent residence, or temporary offices, and only if temporary building permits are initially obtained from the building inspector and renewed every 90 days for a period not to exceed one year. Temporary uses shall comply with all other appropriate provisions of this article and state building codes.

(a)

Said temporary residence shall receive a temporary zoning permit.

(b)

Temporary residences shall be located in the rear or side yard.

(c)

Temporary residences shall be located on the same site that the pending completion of a new home or the renovation of a home deemed uninhabitable is taking place.

(Code 1977, § 9-4041.14; Ord. No. ZT-2013-003 , § 5(9-4041.14), 9-5-2013; Ord. No. 2019-2020-003 , 11-7-2019)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Code 1977, § 9-4041.15)

There shall be no planting, structure, fence, or other obstruction to visibility on any corner lot between two and ten feet above the level of the centerline of the street in a triangle area bounded by the street right-of-way line on such corner lots and a side line joining points along right-of-way lines 25 feet from the intersecting right-of-way corner.

(Code 1977, § 9-4041.16)

The provisions contained in this article shall not affect buildings, structures, and uses for which building permits were issued prior to the passage of this article, providing that the activities for which the outstanding permits were issued are begun within six months of the date the ordinance from which this article is derived is adopted. Outstanding zoning permits not used within six months shall be null and void. See vested rights for site-specific and phased development plans.

(Code 1977, § 9-4041.17)

All territory which may hereafter be included within the zoning jurisdiction or the town shall be zoned by the board of commissioners at the time of such incorporation.

(Code 1977, § 9-4041.18)

(a)

In addition to the requirements of this article, all effluents and emissions into the air or surface water or groundwater from new development permitted by this article must be in conformity with all applicable federal, state and county health and environmental quality regulations. It shall be the responsibility of the applicant to comply with all applicable regulations, which also include floodplain and watershed regulations.

(b)

Further, all land-disturbing activities shall meet the requirements of the Sedimentation and Pollution Control Act of 1973.

(Code 1977, § 9-4041.19)

(a)

Junkyards, salvage yards and similar uses as defined in this chapter (refer to definition) shall be permitted as a conditional use exclusively in the M-I Industrial District. Junkyards shall not be located in any other district.

(b)

In the interest or safety to children and adjacent property, junkyards shall be encompassed by a wall or fence at least six feet high and shall be screened from view by a buffer strip approved by the planning board.

(Code 1977, § 9-4041.20)

(a)

Applicability. Unless otherwise noted in this article, fences or walls are permitted in the various districts subject to the following regulations:

(1)

Permitted fence types. The following fence types are permitted in all zoning districts:

a.

Masonry or stone walls;

b.

Iron;

c.

Chainlink;

d.

Wood or similar material;

e.

Vinyl;

f.

Fences proposed to be constructed of any other materials shall be subject to the approval of the zoning administrator.

(2)

Prohibited fence types. The following fence types are prohibited, including, but not limited to:

a.

Fences constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock in prescribed zoning districts and in accordance with this Code;

b.

Fences carrying electrical current, except for the purpose of enclosing livestock in prescribed zoning districts and in accordance with this Code;

c.

Fences constructed in whole or in part of readily flammable material such as paper, cloth or canvas;

d.

Fences topped with barbed wire or metal spikes in residential zoning districts, except those fences built in conjunction with electric or gas substations, utility facilities, sewer plants or facilities, radio and television masts, towers and similar structures, municipal water storage facilities, public correctional and mental institutions, or military facilities, or hazardous or radioactive waste, storage, and disposal facilities;

e.

Fences constructed of concertina wire;

f.

Fences constructed in whole or in part of sheet metal, tin, or tires.

(3)

Maintenance required. Any fence which, through neglect, lack of repair, state of disrepair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal or property is hereby deemed a nuisance. If such conditions exist, the zoning administrator shall require the owner of the property upon which the fence is located to repair, replace or demolish the fence causing the nuisance, in accordance with the regulations found in this article.

(4)

Maximum height.

a.

Fence heights shall not exceed those heights as found in the "Use and Requirement" Charts found in Part F of section 36-433. Uses not explicitly noted in chart shall conform to the most approximate type use noted, which shall be determined by the zoning administrator.

b.

Measurement. Fence height shall be measured in the same manner as buildings. Where fences are located on retaining walls or manmade berms, the height of the retaining wall or berm shall not be considered as part of the overall height of the fence.

c.

Fence height limitations do not apply to fences built in conjunction with electric or gas substations, utility facilities, sewer plants or facilities, radio and television masts, towers and similar structures, municipal water storage facilities, public correctional and mental institutions, or military facilities, or hazardous or radioactive waste, storage, and disposal facilities.

(5)

Temporary fences. Nothing in this section shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the state building code or other applicable state or federal requirements.

(6)

General fence requirements.

a.

Obstruction of view. No fence shall be placed or retained in such a manner as to obstruct vision at any intersection of public or private streets.

b.

Fence prohibited in rights-of-way. No fence shall be erected or maintained within or on any state or town right-of-way.

c.

Obstruction of drainageway. Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale or ditch.

d.

Historic district. Fences in historic districts shall meet the guidelines for the particular historic district in which it is located.

e.

Orientation of barbed wire. On fences topped with barbed wire, the bottom strand must be at least six feet above grade.

f.

Placement of support boards, posts, and other fence support materials. Fences shall be built with the finished side facing outward toward property line.

g.

Location of fence to allow maintenance. No fence shall be erected in any location that prohibits the owner of the property on which said fence is erected from having access, for maintenance purposes, to all sides of such fence.

(b)

Use and requirement chart.

(Code 1977, § 9-4041.21; Ord. of 1-14-2010)

The following regulations apply to customary home occupations:

(1)

Such business shall not change the character of the dwelling.

(2)

Such business may not use any portion of an accessory building/structure.

(3)

Employees are restricted to family members that reside at the home.

(4)

No outside storage associated with the home occupation is permitted.

(5)

No more than 25 percent of the home shall be used in connection with the home occupation.

(6)

No display or advertising is permitted.

(7)

No off-street parking will be permitted in connection with the home occupation.

(8)

Animal care services, which may include pet trimming and washing, are expressly prohibited as home occupations.

(9)

Activities engaging in the business of conducting a barbershop, beauty salon or parlor, or other cosmetology services as approved by the governing board.

(Code 1977, § 9-4041.22; Ord. of 2-7-2002)

(a)

Outdoor storage of goods, equipment and material shall be prohibited in all districts except the B-2 Highway Business District and the M-I Industrial Zoning District as a conditional use as provided within article III, map and zoning districts of this chapter.

(b)

All nonconforming outdoor storage existing on the effective date of the ordinance from which this article is derived, which does not conform to the requirements of this article, shall be removed and/or brought into compliance within 36 months from the effective date of the ordinance from which this article is derived.

(c)

After the effective date of the ordinance from which this article is derived, any new outdoor storage that has not been approved as a conditional use shall be considered in violation of the provisions of this section and shall be removed within 30 days at the owner's expense. Failure to comply shall result in a penalty in accordance with section 36-584.

(Code 1977, § 9-4041.23)

(1)

Landscape regulations.

(a)

Established. The minimum standards for this provision include the installation and maintenance of landscape plantings which are necessary to preserve and enhance the aesthetic beauty of the city, and to ensure the health, safety, and general welfare of its residents. More specifically, the intent of these regulations is to provide for adequate buffering between incompatible land uses; protect, preserve and enhance the aesthetic appeal and scenic beauty of the city; reduce noise and air pollution; reduce storm water run-off; filter and reduce glare from artificial light sources; and provide shaded areas along streets and in parking lots.

This section is established in support of the findings that:

(1)

Screening between two lots lessens the transmission from one lot to another of dust, noise and glare.

(2)

Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces and more extensive screening can shield entirely one use from another dissimilar adjacent use.

(3)

Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.

(4)

The provisions of this section are necessary to safeguard the public health, safety and welfare.

(b)

Definitions.

Buffer-yard means a landscaped area parallel to recorded side or rear property lines, and public street right-of-ways in order to provide spatial separation and/or screening between adjacent land uses.

Canopy trees means any locally adapted tree variety expected to reach a height in excess of 30 feet at maturity.

Fencing means a wall or fence provided for aesthetic purposes or for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder or other detrimental effects.

Landscape plan means the design and specifications for the placement of all natural and manmade features (such as plantings, fencing, earth berms, buildings, parking, drives, walkways, etc.) within a specified exterior space;

including the retention of existing viable features, as well as the introduction of new or replacement features for the purpose of enhancing the property and its appearance, minimizing the potential for negative impacts upon public senses, and protecting the community environment.

Planting means the introduction or retention of hedges, plantings, natural vegetative covers or berms for the purpose of beautifying and enhancing property, controlling soil erosion and air temperature, reducing glare or noise and screening adjoining uses.

Screening means the introduction or retention of hedges, plantings, natural vegetative covers, berms or walls for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder or other detrimental effects.

Shrub means a locally adapted permanent evergreen or deciduous species expected to reach four feet in height within three years of planting.

Understory tree means a locally adapted tree variety not expected to reach a height in excess of 30 feet or less than ten at maturity.

(2)

Affected property.

(a)

New developments. All new developments, buildings, structures, and parking areas shall comply with the minimum landscape requirements set forth herein provided however, developments that provide four or less parking spaces shall be exempt from the landscape requirements for parking areas.

(b)

Renovation to existing development. Any "change of use" as defined by the state building code or if total renovations to an existing development within a five-year period enlarge the total footprint 25 percent or more, then the parking area for such development shall be required to comply with the minimum requirements set forth herein to the fullest extent technically feasible as determined by the permit-issuing authority.

Development exempt from approval. The following activities or uses shall be exempt from buffer requirements in this section:

(1)

Public projects. The construction of any public street or utility service line, whether publicly or privately owned.

(2)

Maintenance. Maintenance of any structure is exempt from site plan review.

(3)

Agricultural. The use or intended use of land, with or without accessory structures, for purposes of agriculture, raising of crops or animals, forestry and the like.

(4)

Single family residences. Single family residences, including manufactured homes, on a single lot of record are exempt from buffer requirements, but shall comply with all other requirements regarding single family residences and manufactured homes.

(5)

Home occupations. Home occupations as defined in this chapter, unless expressly provided otherwise.

(6)

Accessory structures integral to permitted development. Any accessory structure or use, whether temporary or permanent, integral to an approved development permitted in accordance with the provisions of this title. Such accessory structure or use shall comply with the design and performance provisions of this chapter.

(7)

Temporary uses, nonmaterial. Those activities of short duration that do not materially affect the area's natural environment, parking requirements, transportation patterns, public health or economic values shall be reviewed for approval by the zoning administrator.

(3)

Responsibility of requirements. One hundred percent of the applicable buffer requirements shall be the responsibility of the developing land use.

(a)

Where there are competing or conflicting land uses and or differences in the intensity of the land uses, buffer-yards and screening shall be required according to the following: The designated buffer-yards are intended to be an aggregate dimension between the competing uses.

(b)

If a proposed use is to develop next to an undeveloped or "vacant" property, the proposed use will be required to designate one-half of the required buffer-yard based on the previous or the potential use of the adjacent property. The existing zoning or the proposed use as shown in the land use plan will determine the potential use of the adjacent property.

(c)

If a proposed use is to develop next to an existing land use that was not previously required to create a buffer-yard, the proposed use will be required to create the entire buffer-yard.

(d)

Perpendicular encroachments by driveways, pedestrian-ways, and utilities across or through the buffer are permitted, but should be minimized so as to maintain the sprit and intent of the ordinance.

(4)

Landscape material specifications.

(a)

All plant materials shall be healthy, living plants. The use of artificial plants to satisfy requirements set forth herein shall be prohibited.

(b)

All plant materials used to satisfy requirements set forth herein shall be suitable for the climatic characteristics of the town. The recommended plant list in subsection 36-436(18) lists species of plants that are suitable for the climate of the town.

(c)

Equal spacing of plant material installed to satisfy requirements set forth herein shall not be required. Plant materials may be grouped and clustered in order to present a more natural appearance; provided however, material installed to comply with buffer requirements set forth herein shall be placed in a manner to form a continuous buffer.

(d)

Existing trees, regardless of classification may be counted toward requirements for shade trees or ornamental trees as set forth herein provided such trees are a minimum of three inches in caliper, in good health, and located in the approximate area as required herein.

(e)

Ornamental trees may be substituted on a 1:1 ratio for shade trees where tree installation is required in close proximity to overhead utility services.

(f)

Shade trees shall be defined as any deciduous or leaf bearing tree that reaches a mature height in excess of 40 feet. Shade trees shall be a minimum of two inches in caliper or eight feet in height at the time of installation.

(g)

Evergreen trees shall be defined as any tree that maintains foliage on a year round basis. Evergreen trees shall be a minimum of one and one-half inches in caliper or six feet in height at the time of installation.

(h)

Ornamental trees or understory trees shall be defined as any deciduous or evergreen tree that has a particular ornamental characteristic and tends to have a mature height less than that of a shade tree. The ornamental characteristic of such trees may include a distinctive shape, color, flower, or limb configuration. Ornamental trees shall be a minimum of one and one-half inches in caliper or six feet in height at the time of installation.

(i)

Shrubs shall be a minimum of three gallons in size at the time of installation. Where these regulations specifically require the installation of "tall, evergreen shrubs," such shrubs shall be a minimum of three gallons in size and three feet in height at the time of installation; shall reach a minimum mature height of six feet; and shall be a species of shrub that does not lose all its leaves at one time.

(j)

Groundcover shall consist of grass, turf, sod, ivy, bedding plants, or low, spreading vines. Pebbles, wood chips, bark, mulch, straw and similar materials shall be used to delineate planting beds, but in no instance shall such materials be used for the purpose of sidewalks, parking areas, or driveways. Areas dedicated for lawns shall be cleared of debris, graded level, and covered with sod, turf, or grass seed.

(5)

Landscape plan preparation. All landscape plans shall be drawn to scale and prepared in a professional manner. The code enforcement officer shall reserve the right to refuse acceptance of landscape plans that have not been prepared in a professional manner. All landscape plans shall comply with the requirements set forth herein. Landscaping shall not be haphazardly placed in order to fill left over space, but rather to accomplish the intent of these regulations as required herein.

(6)

Landscape plan submittal requirements.

(a)

Two copies of the proposed landscape plan shall accompany all applications for zoning permits. In situations where a site meets the minimum requirements set forth herein or a proposed development is not subject to requirements set forth herein, the code enforcement officer may waive the requirement for the submittal of a landscape plan.

(b)

The landscape plan shall illustrate the following information:

(1)

Location and labels for all proposed plant materials;

(2)

Location and labels of existing vegetation to be saved or remain undisturbed;

(3)

Methods and details for the protection of existing vegetation;

(4)

Location and specifications for proposed fences, walls, or berms;

(5)

Plant list or schedule with the botanical and or common name, quantity, spacing, and size of all proposed materials at the time of installation;

(6)

Location of all existing and proposed structures, paved areas, landscape islands, and sidewalks.

(c)

If an irrigation system is proposed that is equipped with automatic timers and is connected to the county public water system, then such system shall be equipped with automatic rain and soil moisture sensors that are activated to prevent the operation of those irrigation systems while rain is falling and/or when soil moisture is adequate. Any irrigation system connected to the county public water system shall require the installation of a double backflow protection device.

(7)

Reserved.

(8)

Required screening types. In situations where a development is adjacent to multiple uses then the most restrictive buffer requirement for a property line shall be required along each side and rear property line abutting the property, otherwise the development shall follow the requirements listed below. Residential uses are identified as uses number one, two and three in the land use relationship table in subsection 36-436(9).

Buffer-yards shall be required to meet the following minimum screening requirements:

Type C. A five-foot landscaping buffer; typically the areas abutting a right-of-way and other perimeters not required to have either a type A or type B buffer-yard, typically on the front and corners side property lines or adjacent to similar uses (indicated by a "0" in the land use relationship table in subsection 36-436(9)). This type of buffer shall consist of, lawn, low-growing evergreen shrubs or broadleaf evergreens, or other ground cover.

(9)

Land use relationships. The following land use relationships shall be used to determine required screening and buffering as provided in subsection 36-436(8). Buffer-yards shall range in width from ten to 40 feet. The following table illustrates the required buffer-yard widths, in feet:

  #1—Single Family Dwelling, District R-D and R-15

  #2—Single Family Dwelling, Districts R-10 and R-6

  #3—Multifamily Dwellings, Districts R-10 and R-6

  #4—Central Business, District C-D

  #5—Manufactured Home Park, District MHP

  #6—Highway Commercial District, B-2

  #7—Neighborhood Business District, B-1

  #9—Industrial District, M-1

(10)

Exceptions to the land use relationships.

(a)

All residential developments shall maintain a minimum type A buffer of 40 feet parallel to the railroad right-of-way.

(b)

All developments adjacent to a public park with active recreation shall require a minimum type A buffer of 20 feet.

(c)

A public greenway trail may exist in any required buffer, if a public greenway trail is dedicated in a required buffer there shall be a reduction of the required planting equal to one-half of the standard requirement.

(11)

Modifications of the requirements.

(a)

Alteration of screening and buffer-yard requirements.

(1)

In the event that the unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impractical to install and maintain the required screening and buffering, the zoning director may alter the requirements provided the spirit and intent is maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the zoning director showing existing site features that would screen the proposed use and any additional screen materials the developer may propose to have installed. The zoning director shall have no authority to alter the screening and buffering requirements unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screening.

(2)

The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing relief to the screening and buffering requirements contained in this section. Neither shall the desire of an owner to make more intensive use nor greater economic use of the property be grounds for reducing the screening/buffer requirements.

(3)

The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees.

(b)

If the required buffer-yard area makes up over 20 percent of an existing parcel, no greater than one acre in size, the use of a solid wall or fence may reduce the yard requirement by one-half.

A fence or solid wall shall be of material compatible with the principle building in composition and color. The fence or wall shall also conform to section 36-433. Minimum height: six feet.

A minimum of one understory tree or four shrubs per 20 feet of linear fence or wall shall be planted.

(c)

If required landscaping of a buffer-yard makes up over 20 percent of a lot greater than one acre in size, the use of an earth berm may reduce the yard requirement by one-fourth.

Berms must be placed and planted within the developing property.

• Minimum height, three feet.

• Minimum crown width, two feet.

• Minimum slope, 2:1.

In no way shall the berm be allowed to impact or detain natural storm-water flows.

(12)

Supplementary screening.

(a)

Utility and mechanical screening. All non-residential and multifamily developments' mechanical and utility equipment which is greater than five tons in nominal capacity, and is located on, beside, or adjacent to any building or developments shall be fully screened from the view of streets and adjacent property. The screen shall exceed the height of the equipment, shall not interfere with the operation of the equipment, and shall use one or a combination of the following screening techniques:

(1)

Building materials and design which are compatible with those used for the exterior of the principal building, or

(2)

Evergreen plantings. In situations where mechanical and utility equipment is (are) located on the roof of a structure, all devices will be fully screened from the view of streets or adjacent property using technique 1.

(b)

Trash containment areas screening. All trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent streets and properties. If the device is not visible from off the site, then it need not be screened. The type of screening used shall be equal to the standards in subsection (a).

(13)

Street frontage landscaping requirements. Parking areas located adjacent to public rights-of-way shall provide a landscape strip between the parking area and its point of intersection with the right-of-way.

This section shall not apply to the central commercial district. Parking areas in the central commercial district shall have wheel stops or curbing installed so as to not allow the front of a vehicle to protrude into the public right-of-way.

(a)

If the parking area does not exceed 10,000 square feet in area, then such landscape strip shall be a minimum of five feet in width and shall contain a minimum of eight shrubs per 40 linear feet of street frontage (see figure 1). Such required shrubs shall be a species with a minimum height of three feet at planting.

(b)

If the parking area exceeds 10,000 and does not exceed 100,000 square feet in area, then such landscape strip shall be a minimum of eight feet in width and shall contain a minimum of one shade tree and eight shrubs per 40 linear feet of street frontage (see figure 1). Such required shrubs shall be a species with a minimum height of three feet at planting.

Figure 1

(c)

If the parking area exceeds 100,000 square feet in area, then such landscape strip shall comply with one or a combination of the following options:

(1)

Such landscape strip shall be a minimum of 20 feet in width and shall contain a berm with a minimum height of two and one-half feet above the finished elevation of the parking area. Such berm shall have a maximum slope of one foot of rise to three feet run (1:3) and a minimum crown width of three feet. In addition to the required berm, one shade tree and eight shrubs per forty linear feet of street frontage shall be required (see figure 2).

Figure 2

(2)

Such landscape strip shall be a minimum of 25 feet in width and consist of undisturbed woodland or forest (see figure 3).

Figure 3

(14)

Peripheral landscaping requirements. A landscape border a minimum of five feet in width shall encompass the periphery of parking areas not located adjacent to public rights-of-way. Such landscape border shall be required between any parking area and any property line, yard, required yard, or buildings. Such landscape border may be interrupted for ingress and egress to buildings and adjoining lots. The landscape border shall contain a minimum of one shade tree or one ornamental tree, and eight shrubs per 40 linear feet of perimeter (see figure 4).

This section shall not apply to the central business district. Parking areas in the central business district shall have wheel stops or curbing installed so as to not allow the front of a vehicle to protrude into adjacent property.

Figure 4

(15)

Landscape requirements for the interior of parking areas.

(a)

The interior of parking areas shall contain tree landscape islands and peninsulas located in such a manner as to divide and break up large expanses of paving; guide and delineate an orderly traffic flow pattern; promote pedestrian and vehicular safety; and preserve existing trees and vegetation.

(b)

A maximum of 12 consecutive parking spaces in a row shall be permitted without a tree landscape island or peninsula.

(c)

Each end of each row of parking spaces shall require a tree landscape island (see figure 5).

Figure 5

(d)

The minimum width for a tree landscape island or peninsula that is parallel to a parking space shall be nine feet, and the minimum length for the same shall be 18 feet. Each tree landscape island or peninsula shall contain a minimum of one shade tree and the balance of the area shall contain a permeable ground cover (see figure 6).

Figure 6

(e)

No more than four double rows of parking spaces shall exist without a landscape island extending the entire length of one double row of parking. Such tree landscape island shall be a minimum of nine feet in width and shall contain one shade tree per 40 linear feet of length and the balance of the area shall contain a permeable ground cover (see figure 7).

Figure 7

(f)

The zoning permit-issuing authority may require the channelization of ingress and egress points to parking areas in order to facilitate and ensure the safe and efficient movement of vehicular traffic into, from, and through such parking area. Channelization may be accomplished by limiting parking spaces along primary ingress and egress points, and/or the use of tree landscape islands, raised concrete islands, or other structures that will guide and delineate traffic flow.

(16)

Landscape material installation and maintenance.

(a)

All landscaping material shall be installed in accordance with accepted planting procedures prior to the issuance of a certificate of occupancy. Otherwise, a financial guarantee shall be posted in accordance with subsection 9-4041.24.13.

(b)

The owner, occupant, tenant, or agent shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance. Proper maintenance shall include watering, weeding, mowing, mulching, fertilizing, and pruning. Any dead or damaged landscaping material shall be promptly replaced with materials of an approved size and type.

(c)

Trees planted and retained to fulfill the requirements of this chapter shall be permitted to attain their normal, mature size. Trees shall be pruned only as necessary to promote healthy growth and prevent hazardous conditions.

(17)

Financial guarantees. The city recognizes that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with requirements set forth herein, and to reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, in lieu of requiring the completion and installation of any and all landscape improvements prior to the issuance of a certificate of zoning compliance, the code enforcement officer may enter into a written agreement with the developer whereby the developer shall agree to complete all required landscape improvements. Once said agreement is signed by both parties and the security required herein is provided, the certificate of zoning compliance may be issued if all other requirements of these regulations are met. To secure this agreement, the developer shall provide as approved by the code enforcement officer either one or a combination of the following guarantees equal to 1.25 times the entire cost of the improvements secured. Any expense associated with cost verification by the code enforcement officer shall be paid entirely by the developer.

(a)

Surety performance bond. The developer shall obtain a performance bond from a surety bonding company authorized to do business in the state. The bond shall be payable to the city. The duration of the bond shall be until such time as the city approves the improvements.

(b)

Cash or equivalent security. The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the city or in escrow with a financial institution designated as an official depository of the city. The use of any instrument other than cash shall be subject to the approval of the code enforcement officer. If cash or other instrument is deposited in escrow with a financial institution as provided herein, then the developer shall file with the city an agreement between the financial institution and himself guaranteeing the following:

(1)

That said escrow amount will be held in trust until released by the city and may not be used or pledged by the developer in any other transaction during the term of the escrow; and

(2)

That in case of a failure on the part of the developer to complete said improvements, the financial institution shall upon notification of the city to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay the city the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the city any other instruments fully endorsed or otherwise made payable in full to the city.

(c)

Default. Upon default, meaning failure on the part of the developer to complete the required improvements in the time allowed by this section or as spelled out in the performance bond or escrow agreement, then the surety, or financial institution holding the escrow account shall if requested by the city, pay all or any portion of the bond or escrow fund to the city up to the amount needed to complete the improvements based on an estimate by the city. Upon payment, the city, in its discretion, may expend such portion of said funds, as it deems necessary to complete all or any portion of the required improvements. The city shall return to the developer any funds not spent in completing the improvements.

(d)

Release of guarantee security. The code enforcement officer may release part of any security posted as the improvements are completed and approved by the city. Such funds may be released within ten days after the corresponding improvements have been so approved.

(18)

Recommended plant list. The following list contains some plant species that are native to the Dunn area or are known to be suitable for the climate of the Dunn area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the Dunn area.

(Ord. No. 2014-2015:007 , §§ 9-4041.24.1—9-4041.24.18, 2-5-2015; Ord. No. 2014-2015:009 , § 3, 6-4-2015)

Editor's note— Ord. No. 2014-2015:007 , § 9-4041.25—9-4041.27, adopted Feb. 5, 2015, repealed §§ 36-437—36-439, which pertained to tree size at planting, visibility and tree replacement and derived from the Code of 1977, § 9-4041.25—9-4041.27.

Editor's note— Ord. No. 2014-2015:009 , § 1, adopted June 4, 2015, repealed § 36-440, which pertained to existing developed properties and derived from the Code of 1977, § 9-4041.25, and Ord. No. 2014-2015:007 , § 9-4041.28, 2-5-2015.

(a)

The intent of this section is to ensure that streetscape trees are provided along designated entrance corridors in order to provide a more pleasing view from the travel ways; to provide a continuity of vegetation throughout the town; to reduce the amount of impervious surface and reduce storm water runoff; improve environmental conditions; preserve existing trees; and to provide harmony within, and enhance the image of the town.

(b)

Streetscape landscaping shall be required on all proposed development, which abuts a right-of-way along designated entrance corridors, as defined below. Existing trees along the designated entrance corridors shall be preserved whenever practical. The designated entrance corridors include, but are not limited to, the following streets:

(c)

Designated entrance corridor specifications.

(1)

The streetscape landscaping standards, as set forth in section 36-436 shall be applied for all proposed development abutting rights-of-way along designated entrance corridors.

(2)

In cases where a designated entrance corridor is scheduled to be widened, the developer shall plant the trees prior to the widening project, provided that the North Carolina Department of Transportation (NCDOT) has marked the proposed right-of-way.

(Code 1977, § 9-4041.29)

(a)

Days/hours of operation. Businesses engaging in electronic gaming operations activities may operate from 8:00 a.m. until 10:00 p.m. each day, Monday through Saturday unless otherwise specified by the planning board or governing board.

(b)

The maximum number of machines/terminals/computers for any electronic gaming operations is 20.

(c)

The machines/terminals must not be prohibited by state or federal law and must have all applicable permits and licenses.

(d)

If food or beverage is served, the establishment must meet the requirements of the town zoning ordinance, the county department of health, and all local, state and federal law requirements.

(e)

No establishment that operates electronic gaming machines in any capacity may serve alcohol.

(f)

All establishments engaging in electronic gaming must post restrictions banning it's patrons from bringing firearms into the facility.

(g)

The establishment must be a minimum of 500 feet from any residential zoning district.

(h)

The establishment must be a minimum of 500 feet from any other organization engaged in an electronic gaming operation business.

(i)

The establishment must be a minimum of 500 feet from any church, synagogue or temple and associated uses including cemeteries congregate care facility; a public or private daycare center; or any public or private school. The required separation from the above listed uses applies whether the place of worship, school, child day care center, playground, or park is the principal use or an accessory use of the property.

(j)

The applicant shall submit a current plot plan prepared within 30 days prior to application by a registered land surveyor or engineer depicting the following:

(1)

Property lines and the structures containing any existing electronic gaming businesses within 1,000 linear feet of the subject property.

(2)

Property lines of any established church, synagogue, or temple and associated uses including cemeteries congregate care facility; a public or private daycare center; or any public or private school that is within 500 feet of the subject property.

(3)

Property lines of any existing residential zoning district within 300 feet of the subject building.

(k)

Distances shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structure wall of the electronic gaming establishment to the nearest lot line of the religious use, school, residential district or other electronic gaming facility.

(l)

Establishments will provide at least 25 square feet for each gaming terminal or machine. Furthermore, gaming areas when implemented as an accessory use shall be completely separated from public view by a method which is state building code compliant.

(m)

No goods or services of any kind may be traded or bartered in return for the use of any portion of the permitted electronic gaming operation.

(n)

The minimum age of any persons entering an electronic gaming operation shall be 18.

(o)

All establishments engaging in electronic gaming, either as a primary or accessory use, are subject to inspection at any time by a representative of the town or its designee.

(p)

All existing electronic gaming operations shall be mandated to comply with the above referenced regulations within six months of the adoption of the ordinance from which this article is derived. Failure to do so will result in a violation of the town zoning ordinance. Furthermore, any permitted electronic gaming business that is not in compliance with the regulations as stated shall receive one written violation describing the nature of the violation and a time period to come into compliance. Should the establishment not come into compliance within the specified time, or is found to be in violation of this article for a second time, the conditional permit in question shall be remanded to the commissioners of the town for a public hearing on its revocation.

(Code 1977, § 9-4041.30; Res. No. 2021-2022-001 , 7-1-2021)

(a)

Private equine stables are those not boarding horses for the public, and/or for hire. There shall not be more than one horse for each one acre of the total site area; furthermore the maximum number of equines shall be limited to ten horses per site. All other stables boarding horses for the public or for hire will be considered a commercial use and subject to additional regulations as outlined within this article. Commercial stables are allowed one horse for each one acre of the total site with a maximum of 20 animals per site.

(b)

Such buildings or structures shall be located no closer than 40 feet to any right-of-way or property line and no closer than 50 feet to any building containing a dwelling unit or accessory living quarters on the same premises.

(c)

There shall be no open-air storage of manure, compost or similar used or soiled organic materials closer than 100 feet to any boundary property line or any institutional, any commercial or any improved upon property closer than 50 feet to any dwelling unit or accessory living quarters on the same premises.

(d)

Pasture and grazing lands which abut any property line for any distance are required to have erected and maintained a fence not less than four feet nor more than six feet in height, and shall be located no closer than 20 feet from any established right-of-way. Any fence which abuts said property lines shall be installed in accordance with the setbacks which govern accessory structures in each respective zoning district where allowed.

(e)

Grass areas within the fence line are subject to reasonable mowing requirements.

(Code 1977, § 9-4042.1; Ord. of 5-3-2012)

(a)

No mining shall be commenced in the Town of Erwin's zoning jurisdiction until a conditional use permit has been approved by the board of commissioners.

(b)

Conditional use approval granted by the board of commissioners shall not become effective until a mining permit is issued by the state department of environment and natural resources (DENR), division of land resources, land quality section, or successor agency.

(c)

Mining may occur in a Rural District, RD Town of Erwin zoning district for which mining is listed as a conditional use subject to the terms and conditions of this section and article III development and subdivision review, permitting, and approval requirements, subsection conditional use permit of this chapter [section 36-80 rural district (RD)]. In keeping with article III development and subdivision review, permitting, and approval requirements, subsection conditional use permit of this chapter [section 36-80 Rural District (RD)], the following guidelines shall be used:

(1)

The operation will not constitute a substantial physical hazard to a neighboring dwelling house, school, religious structure, hospital, commercial or industrial building, public street, or public property.

(2)

The operation will not have a significantly adverse effect on the purposes of a publicly-owned park, forest, or recreational open space area.

(d)

A conditional use permit shall automatically expire if at any time after its issuance the state mining permit is revoked or terminated.

(e)

Definitions. Definitions as listed in the North Carolina General Statutes and The Mining Act of 1971 (NC) as amended shall apply to this subsection.

(f)

Permit application.

(1)

Applicants for a conditional use permit shall submit to the Town of Erwin planning department two copies of all documents required by the State of North Carolina for a mining permit application, the reclamation plan, and any maps and charts accompanying these documents. These documents shall be reviewed by the Town of Erwin planning board and the board of commissioners.

(g)

Buffer and screening standards.

(1)

A visual screen shall be established and maintained around that portion of the mining site that is being excavated or being used for the storage of minerals. Such screening is required only when such areas are visible at eye-level at ground elevation, at the time of permit issuance, from state-maintained right(s)-of-way, publicly-owned areas which have been maintained essentially in their natural state of vegetation, adjacent residences and other buildings, but not including accessory buildings. Said screening shall meet the requirements of the "Type B; options 1 and 3" buffer of the buffer types in the appendices of this chapter. With a minimum buffer width of 30 feet wide, maturing trees shall be spaced not more than 30 feet apart and only evergreen plantings shall be utilized to meet the requirements of this section. When excavated areas have been reclaimed in accordance with the following: The Mining Act of 1971, of North Carolina and as amended, and Chapter 5 of the North Carolina Administrative Code, Title 15 Environment and Natural Resources, required artificial screening may be removed.

(2)

The visual screening requirements of the previous section may be exempted when:

a.

The planning department determines that existing vegetative cover will fulfill these requirements. Such natural screening may consist of existing vegetative cover including, but not limited to, trees and shrubs, not less than 50 percent of which shall be evergreen. Screening may also consist of earthen berms or other artificial screens used individually or in combination with each other and existing vegetation to achieve a screening effect required by this section. Screening materials and vegetation may be located in required buffer areas. All berms and other artificial screens requiring extensive land disturbance shall comply with the North Carolina General Statutes.

b.

It is determined that due to topographic, or other circumstances where, through no fault of the permittee, that the requirements of this section cannot be provided. In such case, an alternative plan shall be submitted to the planning department.

(h)

Vibration standards. All mining activities in the Town of Erwin planning and zoning jurisdiction shall conform to the vibration policy adopted by the land quality section of the state department of environment and natural resources (DENR).

(Ord. No. 2015-2016:004 , § 3, 8-6-2015)

(a)

Prior to the issuance of a zoning compliance permit, food vendors shall provide documentation of approval from the county health department in which the food vendor's associated restaurant or commissary is located.

(b)

Food vendor must obtain:

(1)

Town zoning compliance permit.

(2)

Town privilege license.

(c)

Permits shall be available for inspection.

(d)

Vendors may operate only on private property with written permission from the property owner that the food vendor may operate on his/her private property.

(e)

Food vendors must cease operations between 11:00 p.m. and 8:00 a.m. and are not permitted to remain on-site overnight.

(f)

Food vendors shall not block emergency access, fire lanes, loading/service areas, drive aisles, or parking spaces required per the zoning ordinance.

(g)

Food vendors shall be located a minimum of 15 feet from any fire hydrant, any fire department connection, driveway entrance.

(h)

There is adequate parking for the principal business as well as the food vendor.

(i)

Shall have reasonable ingress, egress and on-site vehicular travel.

(j)

A food vendor shall not operate with or as a drive-in window.

(k)

Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the state building code.

(l)

Grease and wastewater must be contained and disposed of in an approved grease receptacle.

(m)

Public waste receptacles shall not be used to dispose of the food vendor's waste.

(n)

If the food vendor is operating after dark, the food vendor shall provide appropriate lighting.

(o)

Maximum of one easel sign with a maximum sign area of 12 square feet of display may be placed within the customer waiting area.

(p)

The town manager or code administrator may revoke the zoning compliance permit if it is determined that the food vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.

(q)

Exemption:

(1)

This section shall not apply to food vendors with applicable health department permits vending at any parade, festival, or event authorized by the town.

(2)

That has been included in a temporary zoning compliance permit for a rally, carnival, religious revivals, and similar temporary uses per section 36-582.

( ZT-2013-005 , § 3, 10-3-2013)