(10)   Minor planned residential developments, subject to the requirements of §§ 152.050 - 152.062, herein (SUP).

(Ord. passed 10-1-07; Am. Ord. passed - - )

   The R-2 Residential Zoning District Classification is established to provide areas for medium- to high-medium density, for single- and multi-family residential uses, with a maximum density of eight dwelling units per acre, where adequate water and sewer facilities are available to serve the development. Housing types allowed include single-family, two-family, multi-family and individual manufactured homes, and manufactured home parks. Where water and/or sewer facilities are not available; consequently, the minimum lot sizes shall be increased and the density shall be reduced to accommodate the larger lot sizes that may be required by the Macon County Department of Public Health.

      (1)   Minimum lot size, single-family (sq. ft.): 8,000

      (2)   Minimum lot size, two-family (sq. ft.): 12,000

      (3)   Minimum setbacks (feet):       front: 25

                        side: 10

                        rear: 15

      (4)   Maximum building height (feet): 35

      (5)   Maximum gross floor area (sq. ft.): no restrictions

      (6)   Minimum open space (% of site): 40 (Not applicable to single-family and two-family residences.)

      (1)   The following uses are permitted by right in the R-2 Residential Zoning District Classification provided they meet all requirements of this section and all other requirements established in this ordinance. A use followed by the notation (SR) is permitted subject to special requirements contained in §§ 152.120 - 152.123, below.

      (2)   All permitted uses listed in the R-1 Residential Zoning District Classification, subject to special requirements if noted.

         (a)   Manufactured homes, individual, limited to one home per lot.

         (b)   PMH Planned Manufactured Housing Development (SUP).

         Adaptive reuses (SR)

(Ord. passed 10-1-07; Am. Ord. passed - - )

   The C-1 Central Commercial District is established to recognize the existing historic role andheritage of Franklin’s downtown area, and to promote its preservation, redevelopment and expansion. Further, this district provides concentrated retail, service, office, civic uses, places of worship, residences, and other compatible uses of land.

      Maximum setback (feet):   front    0

                  side:   0

                  rear:   0

      Minimum lot/parcel size (sq. ft.): no restrictions

      Minimum setbacks (feet):   front:    0

      Maximum building height (feet):    65

      Maximum gross floor area (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square-foot structures require a special use permit.

      (1)   All permitted uses listed in the R-1 Residential Zoning District Classification, subject to special requirements if noted.

      (2)   Adult day care centers registered with the North Carolina Department of Health and Human Services.

      (3)   Apartments three to 19 units.

      (4)   Bed and breakfast facilities.

      (5)   Brewpubs.

      (6)   Cemeteries.

      (7)   Civic centers and cultural art facilities.

      (8)   Civic clubs and fraternal organizations.

      (9)   Dance and fitness facilities.

      (10)   Dry cleaning and laundry establishments.

      (11)   Funeral homes and crematoria.

      (12)   Home occupations.

      (13)   Hotels and motels.

      (14)   Laundries, coin-operated.

      (15)   Live/work or mixed use buildings in which any of the business uses described in this subsection occur on the first floor and residential uses occur behind or on upper floors.

      (16)   Mobile food vending (SR).

      (17)   Multi-family dwellings and apartments 20 plus units (CZ).

      (18)   Music and art studios and galleries.

      (19)   Newspaper offices and printing establishments.

      (20)   Offices, professional, governmental and financial, including banks.

      (21)   Parking lots and garages.

      (22)   Parking lots and structures.

      (23)   Places of worship.

      (24)   Private clubs (SR).

      (25)   Public and semi-public uses such as libraries, museums and galleries.

      (26)   Public utility facilities.

      (27)   Recreational facilities, indoor.

      (28)   Repair services.

      (29)   Restaurants.

      (30)   Retail sales.

      (31)   Schools, business, technical and vocational.

      (32)   Service stations.

      (33)   Services, personal, business and repair.

      (34)   Tasting rooms.

      (35)   Theaters.

      (36)   Transit facilities.

      (37)   Wholesale sales.

         (a)   The first floors of all buildings, including structured parking, shall be designed to encourage and complement pedestrian-scale interest and activity. To the extent practicable, in consideration of the nature of the uses proposed, this is to be accomplished in part by the use of transparent windows and doors arranged so that the uses are visible from and/or accessible to the street on the first floor street frontage. In addition a combination of design elements shall be used on the building facade and/or in relationship to the building at street level to animate and enliven the streetscape. These design elements may include, but are not limited to, the following: ornamentation, molding, changes in material or color, architectural lighting, works of art, fountains and pools, street furniture, landscaping and garden areas, and display areas.

         (b)   Any design elements which extend into the public right-of-way on city or state maintained streets require an encroachment agreement with the Town of Franklin or the North Carolina Department of Transportation (NCDOT), as appropriate. Where expanses of blank wall are necessary, they may not exceed 20 feet in length. A blank wall is a facade which does not add to the character of the streetscape and does not contain transparent windows or doors or sufficient ornamentation, decoration or articulation as listed in the above paragraph. The first floor and street level shall be designed with attention to adjacent public or private open spaces and existing streetscape improvements. The provision of multiple entrances from the public sidewalk or open spaces is encouraged.

         (c)   All new structures must not be built further than 20 feet from street right-of-way to help encourage pedestrian activity. All new structures must be at least two or more stories high to help to insure new structures blend with the historic look of the C-1 Downtown District.

      (2)   Structured parking facilities. In addition to the above requirements, in the event that any openings for ventilation, service, or emergency access are located at the first floor level in the building facade, then they shall be an integral part of the overall building design. These openings as well as pedestrian and vehicular entrances shall be designed to minimize visibility of parked cars. The remainder of the street level frontage shall be either commercial space or an architecturally articulated facade designed to minimize the visibility of parked cars. All levels of a structured parking facility shall be designed and screened in such a way as to minimize visibility of parked cars. In no instance will rails or cabling alone be sufficient to meet this screening requirement. The design requirements of this section apply to all building facades which are visible from any public right-of-way.

      (3)   Screening. All structures and facilities for trash, loading, outdoor equipment, and storage, including the storage of inventory, shall be screened so as not to be visible from the street and pedestrian circulation areas. Solid walls shall be faced with brick, stone or other decorative finish with the decorative side adjacent to the public right-of-way. Fences shall be opaque and either painted or stained with the decorative side adjacent to the public right-of-way. In no instance will a chain link or barbed wire fence be acceptable. Trees used to fulfill this requirement shall be located on private property in planters, a planting strip, berm or tree lawn, any of which shall be at least eight feet wide and at least two feet deep. The trees shall be of a small maturing evergreen variety and be at least ten feet tall at the time of planting. All shrubs shall be between 24 inches and 36 inches tall at time of planting. All plant material shall conform with the American Standard for Nursery Stock published by the American Association of Nurserymen. Trees employed to meet the screening requirement may not be counted toward the street tree planting or urban open space tree requirements. Any lot which becomes vacant through the removal of a structure for any reason shall be screened from all abutting public street rights-of-way in accordance with the provisions of this section or cleared of rubbish and debris and seeded with grass. However, if the lot is to be used for parking either as a transitional or permanent use, it shall meet all the minimum requirements for that use as established by this chapter. Maintenance of screening required under these provisions shall conform to the requirements of §§ 152.170 - 152.179, including the requirement to promptly replace dead vegetation with healthy, living plantings.

      (4)   Street trees. In addition to all other requirements of this section, at least one tree width three to three and one-half inches caliper, minimum, measured 6 inches above ground, shall be planted for each 25 feet for small maturing trees and for each 35 feet for large maturing trees of the entire building lot which abuts any public street right-of-way with a minimum of one tree required for any distance up to 35 feet. Trees shall not be planted closer than two feet, nor more than ten feet, from the back of thecurb. For the purposes of this section, all specifications for measurement and quality of trees shall be in accordance with the American Standard for Nursery Stock published by the American Association of Nurserymen. All trees planted to meet this requirement shall be well-matched specimen grade and shall be limbed up six feet. Trees used to fulfill this requirement may be located on public or private property. Maintenance of street trees required under these provisions shall conform to the requirements of §§ 152.170 - 152.179 , including the requirement to promptly replace dead vegetation with healthy, living plantings.

      (6)   Urban open spaces. On parcels of ten acres or more, open spaces for public congregation and recreational opportunities are required for non-residential developments and shall be equipped or designed to allow pedestrian seating and to be easily observed from the street or pedestrian circulation areas. All urban open spaces shall comply with the minimum required design standards of this subchapter.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 6-2-14; Am. Ord. passed 10-5-15; Am. Ord. passed 2-1-16; Am. Ord. passed - -; Am. Ord. 2024-003, passed 6-3-24)

   The C-2 Secondary Commercial Zoning District Classification is established to provide for general commercial activities, for those uses requiring easy vehicular access, circulation and parking, and larger lot areas than found in the C-1 Commercial District described above. This district promotes a broad range of commercial operations and services necessary for the operation of the town and surrounding areas. Light manufacturing is allowed, but heavy manufacturing is not.

      Minimum lot/parcel size (sq. ft.): 8,000

      Minimum lot size, two-family (sq. ft.): 12,000

      Minimum setbacks (feet):   front:    10

                  side:   10

                  rear:   10

      Maximum building height (feet):    65

      Maximum gross floor area (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square- foot structures require a special use permit.

      Minimum open space (% of site): 10 (Not applicable to single-family and two-family residences.)

      (1)   All permitted uses listed in the C-1 Central Commercial Zoning District Classification, subject to special requirements if noted.

      (2)   Animal boarding facilities (SR).

      (3)   Animal hospitals and clinics.

      (4)   Assisted living facilities(SR).

      (5)   Automobile car washes.

      (6)   Automobile sales and service.

      (7)   Bus stations.

      (8)   Communication services.

      (9)   Construction trade facilities.

      (10)   Farm and construction equipment sales and service.

      (11)   Golf courses.

      (12)   Golf driving ranges (SR).

      (13)   Greenhouse and plant nurseries.

      (14)   Indoor shooting ranges (SUP).

      (15)   Laundries, coin-operated.

      (16)   Lawn and garden centers.

      (17)   Manufacturing facilities, light.

      (18)   Medical clinics less than 10,000 square fee.

      (19)   Microbreweries.

      (20)   Mini-warehouses (SR).

      (21)   Multi-family dwellings and apartments of 20 or more units (CZ).

      (22)   PCD Planned Commercial Development (CZ).

      (23)   PRD Planned Residential Development (CZ).

      (24)   Recreational facilities, outdoor.

      (25)   Residences, multi-family dwelling and apartments fewer than ten units.

      (26)   RV Parks.

      (27)   Shelter facilities (SR).

      (28)   Tobacco sales, vape shops.

      (29)   U.S. Post Office and parcel delivery services.

      (30)   Vehicle repair.

      (31)   Wholesale sales, distribution and warehousing.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 3-3-14; Am. Ord. passed 6-2- 14; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   The C-3 Highway Commercial Zoning District Classification is established to provide areas accommodating all uses stated in the C-2 Secondary Commercial District above plus the following: uses requiring ready access to a thoroughfare, uses requiring larger parcels for larger buildings, sales lots, storage, and parking. Residential and service uses are explicitly allowed.

      Minimum lot/parcel size (sq. ft.): 15,000

      Minimum lot size, two-family (sq. ft.): 22,500

      Minimum setbacks (feet):   front:    10

                  side:   10

                  rear:   10

      Maximum building height (feet):    65

      Maximum gross floor area (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square- foot structures require a special use permit.

      Minimum open space (% of site): 10 (not applicable to single-family and two-family residences.)

      (1)   All permitted uses listed in the C-2 Secondary Commercial Zoning District Classification, subject to special requirements if noted.

      (2)   Electronic machines and devices for sweepstakes.

      (3)   Sales of manufactured homes and recreational vehicles.

      (4)   Sawmills, Lumber yards, Mulch Grinding SR.

      (5)   Vehicle sales with lot areas in excess of one acre.

(Ord. passed 10-1-07; Am. Ord. passed 5-6-13; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   The I-1 Industrial District is established to provide for areas that recognize both existing and future manufacturing operations. This classification allows all uses as described above for C-3 Highway Commercial, plus medium to heavy manufacturing operations. These districts and uses must be located so as to have direct access to or within close proximity to a thoroughfare.

      Minimum lot/parcel size: one acre

      Minimum setbacks (feet):   front:    30

                  side:   20

                  rear:   20

      Maximum building height (feet):    65

      Maximum gross floor area (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square- foot structures require a special use permit.

      Minimum open space (% of site):     10 (not applicable to single-family and two-family residences.)

      (1)   All permitted uses listed in the C-3 Highway Commercial Zoning District Classification, subject to special requirements if noted.

      (2)   Adult establishments, subject to requirements contained in Chapter 156, Town Code.

      (3)   Asphalt manufacturing.

      (4)   Concrete manufacturing.

      (5)   Governmental facilities.

      (6)   Landfills.

      (7)   Manufacturing facilities, heavy.

      (8)   Public utility operations.

      (9)   Recycling and garbage disposal centers.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   The Neighborhood Mixed Use Zoning District Classification is primarily intended to providesuitable locations for limited, neighborhood- oriented, commercial, business and service activities in close proximity to major residential neighborhoods. The district is designed to allow for a mix of residential, commercial, business and service uses in limited areas along major traffic arteries and at key intersections leading to residential neighborhoods in order to provide services to the residents of that particular neighborhood. The types of uses allowed and the standards established for development in this district should be compatible with the residential character of the area, and the uses should not cause traffic congestion, cause obnoxious noise, dust, odors, fire hazards or lighting objectionable to surrounding residences, nor visually detract from the overall appearance of the neighborhood.

      Minimum lot/parcel size (sq. ft.): 8,000

      Minimum lot size, two-family (sq. ft.): 12,000

      Minimum setbacks (feet):   front:    10

                  side:   10

                  rear:   10

      Maximum building height (feet):        25

      Maximum footprint (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square- foot structures require a special use permit.

      Minimum open space (% of site): 20 (not applicable to single-family and two-family residences.)

      (1)   All permitted uses listed in the R-1 Residential Zoning District Classification, subject to special requirements if noted.

      (2)   Grocery and convenience stores without petroleum dispensing, subject to the requirement that such stores shall not operate prior to 7:00 a.m. nor later than 9:00 p.m.

      (3)   Music and art studios and galleries.

      (4)   Newspaper offices and printing establishments.

      (5)   Offices, financial, governmental, medical, and professional.

      (6)   Restaurants, limited (SR).

      (7)   Retail sales.

      (8)   Services, personal.

      (9)   Tasting room.

         (a)   Where possible, the project should use indigenous materials of the region, including stone and wood;

         (b)   Buildings, structures and grounds shall be designed using materials, finishes and proportions in a manner which will produce a coordinated appearance with adjacent properties.

      (7)   Drive-through service. No development shall provide drive-in or drive-through service.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. 2019-001, passed 2-4-19; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   The MICR Medical Institutional Cultural Residential District is to establish and provide for a mix of medical, institutional, cultural and residential uses, while maintaining compatibility with surrounding uses of land.

      Minimum lot/parcel size (sq. ft.):   8,000

      Minimum lot size, two-family (sq. ft.): 12,000

      Minimum setbacks (feet):   front:    10

                  side:   10

                  rear:   10

      Maximum building height (feet):    65

      Maximum gross floor area (sq. ft.): 15,000-99,999 square-foot structures require conditional zoning approval. 100,000 plus square- foot structures require a special use permit.

      Minimum open space (% of site): 10 (not applicable to single-family and two-family residences.)

      (1)   All permitted uses listed in the R-1 Residential Zoning District Classification, subject to special requirements if noted.

      (2)   Assisted living facilities (SR).

      (3)   Civic centers and cultural art facilities.

      (4)   Community colleges.

      (5)   Funeral homes and crematoria Hospitals and clinics.

      (6)   Mobile food vending (SR).

      (7)   Music and art studios and galleries.

      (8)   Offices, professional, governmental and financial.

      (9)   Parking lots and garages.

      (10)   Restaurants (SR).

      (11)   Retail sales, medically-oriented.

      (12)   Schools business, technical and vocational.

      (13)   Services, personal.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 10-5-15; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   This zoning district classification is established to provide development standards for particular roadway corridor areas which are in addition to those provided by the other zoning districts established by this chapter. The purpose for establishing this entry corridor overlay district is first, to recognize the importance that different roadway corridors play in defining the town’s character as entryways and, second, to protect and preserve both the aesthetics of these important roadways and their traffic-handling capabilities, thereby contributing to the general welfare of the Town of Franklin.

         (a)   Such principal structure(s) is not situated within 10 feet of the projected right-of-way line of an entry corridor roadway;

         (b)   Parking for the site is placed to the side or rear of such structure(s) so that it is screened from view from the entry corridor by means of such structure(s) and landscaping, as necessary.

         (c)   When siting principal structures within the setback, the developer is encouraged to design the site, including any proposed structures, in such a way as to protect and preserve the aesthetics of the entry corridor, thereby furthering the purpose of this section.

         (c)   Business identification signs. Each business on a development parcel shall be entitled to install one or more business identification signs on the premises where the business is located so long as the total amount of such signage does not exceed one square foot for each linear foot of the front facade for that business, or 250 square feet, whichever is less. Such signs may be placed on the front wall of the business or on awnings, canopies or marquees attached to or closely associated with such facade. Any additional facade which has a door designed and used for public access may contain a business identification sign so long as the total amount of such signage does not exceed one square foot for each three linear feet of such facade frontage for that business, or 250 square feet, whichever is less. Also, in shopping centers, one suspended sign may be incorporated per business, which sign shall not exceed three square feet per face per sign.

         (a)   Street trees shall be required at the rate of one large-maturing tree (35 feet in height) for every 50 linear feet of property abutting a street, or one small-maturing tree (25 feet in height) for every 40 linear feet of property abutting a street if overhead utility lines are present. Trees do not need to be spaced evenly. They may be clustered with a minimum spacing of 15 feet and a maximum spacing of 75 feet. Street trees shall be placed in a planting strip on private property and not within the street right-of-way.

         (b)   No street tree can be planted farther than 35 feet from the edge of the right-of-way to count as a street tree. The width of the planting strip may vary, but the minimum width cannot be less than seven feet and the average width shall be at least ten feet. The planting area must be covered with living material, including ground cover and/or shrubs, except for mulched areas directly around trees and shrubs, so that no soil is exposed. When a sidewalk is proposed to be constructed on a development site and right-of-way configuration requires that it be constructed on the developer’s property, the width of the planting strip may be reduced to an average of seven feet. During the development review process, the approving authority for the town may permit minor deviations in the placement of trees in order to avoid conflict with utility structures and utility lines.

         (c)   Existing vegetation on a development parcel may count toward meeting the requirements of this section when such is in good condition and helps to further the purpose of the district.

         (a)   Single-family and two-family residential dwellings shall be required to comply with the provisions of (E)(1) through (E)(4), above, but they shall not be required to comply with the remaining regulations of the EC Entry Corridor Overlay Zoning Classification.

         (b)   Small lots, defined as lots with less than 100 feet of frontage on an entry corridor roadway or with less than 100 feet of depth, may have site constraints which make strict compliance with the regulations contained in this section a hardship. In such cases, the approving authority for the town may approve deviations from such regulations so long as the plans of development are consistent with the goals and objectives stated herein.

(Ord. passed 10-1-07)

   The UV Urban Village Zoning District Classification is intended to create mixed use development that is economically vital, pedestrian-oriented and contributes to the place-making character of the built environment. This classification offers the unique opportunity to provide quality and long-lasting retail, office and residential uses in an organized layout that encourages the full range of access by patrons and users, and offers innovative high-quality design of structures, public amenities and pedestrian facilities. The development and design standards set forth in this section are intended to accomplish the following purposes:

   (A)   Provide safe and convenient access to shopping and other essential services to pedestrians, bicyclists, transit riders, motorists, and persons with disabilities.

   (B)   Provide effective traffic flow through access management and improved internal and external connectivity.

   (C)   Create a built environment that serves to enhance gateway corridors, preserve historic heritage, promote economic development and an improved tax base for the city, and celebrate Franklin’s distinction from other towns and cities.

   (D)   Promote sustainable use of limited land and investment resources through the following means:

      (1)   Encouraging higher building densities;

      (2)   Allowing efficient shared parking areas, making cost effective use of existing infrastructure;

      (3)   Showcasing innovative high-quality development;

      (4)   Providing adaptive reuse of under-performing retail properties;

      (5)   Ensuring multi-modal transportation access;

      (6)   Ensuring internal and external connectedness;

      (7)   Developing a durable framework of infrastructure and built structures that can accommodate future renovations; and

      (8)   Re-establishing the public realm, civic pride, and sense of community ownership in new developments.

         (a)   Applicants for creation of an urban village district project are required to submit a master plan for the entire development that indicates the following:

            1.   The general street network;

            2.   The proposed land use configuration within that network;

            3.   Phasing boundaries if phasing is proposed;

            4.   The ultimate proposed development intensity (including the number of residential units and gross square footage of all nonresidential uses) for the entire development and for each phase;

            5.   A conceptual landscape plan;

            6.   Proposed setback, height, signage, architectural and other design standards for the overall project and for proposed uses;

            7.   Building elevations or perspective drawings to demonstrate proposed building character; and

            8.   A conceptual stormwater plan for the development.

         (b)   For initiation of this zoning classification, properties may fall under more than one ownership so long as there exist covenants or other legally binding agreements that address cross-access, cross-parking and other similar issues affecting joint operation of the projects.

         (e)   Modifications. Revisions to approved urban village district master plans may be approved by Town Council or by the Town Manager, or his or her designee, depending on the type of revisions being requested. The Town Council shall review any revisions to a master plan that increase the overall development intensity, change the proposed mix of uses by increasing or reducing any use category by 10% or more, or increases maximum building heights from that shown on the approved master plan. Additionally, the Town Council shall review any revision to a master plan that results in a decrease in the amount of perimeter open space or perimeter parking lot buffering, or in a 25% or greater reduction in the number of proposed blocks from that shown on the approved master plan. For the purpose of determining overall development intensity, one residential unit shall be regarded as the equivalent of 500 square feet of office floor area; one residential unit shall be regarded as the equivalent of 200 square feet of commercial floor area; and 1,000 square feet of office space shall be regarded as the equivalent of 350 square feet of commercial. For other uses, the Planning Director shall determine the equivalency factor.

      (1)   Accessory dwelling units (SR).

      (2)   Accessory uses and structures.

      (3)   Adult day care centers registered with the NC Department of Human Resources.

      (4)   Adult day care homes.

      (5)   Animal hospitals and clinics as long as they contain no outdoor kennels.

      (6)   Banks and other financial institutions.

      (7)   Bed and breakfast facilities.

      (8)   Brewpubs.

      (9)   Business services.

      (10)   Child care centers (SR).

      (11)   Child care homes.

      (12)   Civic clubs and fraternal organizations (SR).

      (13)    Cultural arts buildings.

      (14)   Dance, health and fitness facilities.

      (15)   Dry cleaning and laundry establishments containing less than 6,000 sq. ft. of floor area.

      (16)    Funeral homes.

      (17)   Governmental buildings.

      (18)   Home occupations (SR).

      (19)   Hotels and motels.

      (20)   Laundries, coin-operated.

      (21)   Lawn and garden centers.

      (22)   Live/work or mixed use buildings in which any of the business uses described in this subsection occur on the first floor and residential uses occur on upper floors.

      (23)   Minor planned residential developments, subject to the requirements of §§ 152.050 - 152.062.

      (24)   Mobile food vending (SR).

      (25)   Multi-family dwellings and apartments three to nine units.

      (26)   Multi-family dwellings and apartments ten-plus units.

      (27)   Music and art studios.

      (28)   Neighborhood community centers.

      (29)   Newspaper offices and printing establishments.

      (30)   Offices, business, professional and public.

      (31)   Parking lots and parking garages.

      (32)   Parks.

      (33)   Personal services.

      (34)   Places of worship.

      (35)   Public utility facilities (SR).

      (36)   Recreational facilities, indoors.

      (37)   Repair services, miscellaneous.

      (38)   Residential dwellings, single family.

      (39)   Residential dwellings, multi-family.

      (40)   Residential dwellings, two-family.

      (41)   Restaurants.

      (42)   Retail stores (not including automobile, manufactured home, farm equipment, gasoline, and boat and heavy equipment sales).

      (43)   Schools, business, technical and vocational.

      (44)   Schools, elementary and secondary.

      (45)   Signs.

      (46)   Tasting rooms.

      (47)   Theaters, indoors or outdoors but not including drive-in theaters.

      (8)   Design considerations. Design is critical to the creation of an Urban Village District and to achieving the goals of this classification. The design considerations set forth in this section are intended in some instances to guide project design and in others to provide specific design requirements, and the text is intended to make this distinction clear. In general, the use of the term “shall” indicates a specific design requirement, whereas the term “should” indicates design guidance. In order to obtain a special use permit to develop an Urban Village, an applicant must demonstrate, among other things, that the design of the proposed development (1) meets the specific standards contained herein, (2) is generally in harmony with the design guidelines contained herein, and (3) will result in a development which is consistent with the purposes set forth herein.

         (e)   Building orientation. It is preferred that primary facades face the adjacent street or significant public space. Apartment buildings and buildings containing commercial or institutional uses shall have a main entrance facing a connecting walkway with a direct, safe, pedestrian connection to the street. Where the main entrance does not face the adjacent street, buildings shall nonetheless be designed to provide an attractive streetside facade.

         (k)   Internal access and connectivity. The site shall be traversed by a network of internal streets built according to city standards. Internal streets should seek to avoid cul-de-sacs and dead end roads and other features that hamper connectivity. However, roads may terminate at a monumental structure or green space. In such cases a sidewalk or other connection must be provided to ensure the goals of connectivity. In addition, internal streets are also required to have sidewalks and street trees. If a bus line serves, or is expected to serve, the district, a bus shelter is required. Larger projects may require more shelters as determined by traffic impact analysis. Connectivity is a goal of the internal street system and external connections to areas outside and adjacent to the urban village should be created where possible. Only one driveway per block face is allowed. Detached single-family housing and duplex housing are exempt from the driveway restriction. Parking access from alleyways, however, is encouraged.

         (m)   Pedestrian zone and sidewalks. The pedestrian zone is the area between the street curb and the building edge or, for access roads, the street curb and the right-of-way area. The pedestrian zone includes sidewalks, street trees and other pedestrian amenities. The pedestrian zone will generally be 15 feet wide but may be wider depending on the setback pattern. Sidewalks in urban village districts shall be required along one side of access streets and both sides of internal streets throughout the development. If appropriate to the design of the village, greenway paths may be substituted for sidewalks in residential areas to provide connections. The sidewalk shall be a minimum of seven feet wide in the Urban Village Zoning District Classification. In solely residential areas containing less than eight units per acres, sidewalks are only required to be five feet wide. With institutional and public uses that have an increased setback, a sidewalk shall connect the building facade entrance with the street. The sidewalk may be as wide as the entire pedestrian area. Arcades, awnings, outdoor dining, shelters, seating areas, fountains, street trees, additional landscaped areas and other pedestrian amenities may be a part of this pedestrian area so long as seven feet of clear walking space is maintained. The pedestrian area may also be used to create an area for waiting, pick-up and drop-off. At locations such as intersections and other crosswalks, curb extensions (bulb-outs) are required to create safer pedestrian crossings.

         (o)   Street trees. Street trees are required in the pedestrian zone and along access roads at an average of one tree every 30 feet for mid-story and under-story trees, and one tree for every 40 feet for canopy trees. In selecting street trees, priority should be given to long-lived species proven to function well in urban settings with a form and branching pattern compatible with the space and type of adjacent traffic. Trees may be planted in minimum six-foot by six-foot pits. Tree frames and grates are not required but are recommended especially near store entrances, other sidewalk constraints, points of ingress, egress or public gathering areas. If tree grates are not used, an organic surfacing material shall be used to level the surface of the tree pit with the sidewalk. This material shall receive regular maintenance. To offer flexibility in the tree planting requirement, trees may be planted in planting strips adjacent to the curb edge of the sidewalk. Planting strips shall be no narrower than six feet wide. Planting strips may include grass, flowers and other plant material where appropriate. Planting strips may not be appropriate in pedestrian gathering areas.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 6-2-14; Am. Ord. passed 10-5-15; Am. Ord. passed 2-1-16; Am. Ord. passed - - )

   (A)   (1)   The Traditional Neighborhood Overlay Zoning District Classification is primarily intended to allow the development of residentially zoned areas as traditional neighborhood developments (“TNDs”) exhibiting the characteristics of TNDs appropriate to their urban context. Thus, the application of this overlay should result in a development utilizing elements appropriate for its relationship to the surrounding and nearby uses and oriented to pedestrians. Pedestrian orientation should be achieved using, among other techniques, the following:

         (a)   By providing safe walking conditions which can be achieved through: the reduction of street widths and turning ratios from those conventionally utilized, encouraging parking along streets in order to slow traffic and protect pedestrians, providing mostly alley access to uses to reduce vehicular/pedestrian conflicts and bringing dwellings closer to the street;

         (b)   By providing walking destinations within the typical range of pedestrians in the form of civic buildings and spaces such as parks and limited commercial areas meeting residents’ daily needs; and

         (c)   By providing enjoyable walking environments, by reducing the amount of parking in the fronts of sites and providing for a streetscape appropriate in scale and design for pedestrian use.

      (2)   The types of uses allowed and the standards established for development in this zoning classification should be compatible with the residential character of the area, and the uses should not cause traffic congestion, obnoxious noise, dust, odors, fire hazards or lighting objectionable to surrounding residences, nor visually detract from the overall appearance of the neighborhood.

      (2)   Density bonus. When an area qualifies for designation as a Traditional Neighborhood Overlay Zone, then it shall be entitled to residential density equal to the density of the underlying zone plus 75% if it is within one-half mile walking distance of a business district or 25% if it is not. Commercial uses, including their required on-site parking, shall not exceed 20% of the project area.

         (a)   The amount of residential and commercial use allowed in the project;

         (b)   The types of residential, commercial, mixed-use and civic buildings and uses permitted;

         (c)   The types and dimensions of streets and thoroughfares, together with their turning ratios, sight triangles, parking, street tree and lighting configurations;

         (d)   The dimensions of permitted buildings, their lot sizes, setbacks, building lines and heights;

         (e)   Any intrusions permitted in required yards;

         (f)   The location of required parking areas according to building types as well as landscape and signage elements of the project; and

         (g)   The architectural standards to be applied within the project.

      (1)   In areas subject to the Traditional Neighborhood Overlay Regulations, no building or land shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided in this chapter except for the following uses and only when complying with all sections of this chapter, including definitions:

         (a)   Any use permitted in the R-1 Zoning District Classification shall be permitted in the TN Traditional Neighborhood Overlay Zoning District Classifications.

         (b)   Offices, financial, including banks, governmental, and professional.

         (c)   Art studios and galleries, craft, antique and book shops.

         (d)   Services, personal, business, and repair.

         (e)   Retail sales, including convenience stores without petroleum dispensing.

         (f)   Live/work or mixed use buildings in which any of the business uses described above occur on the first floor and residential uses occur on upper floors.

         (g)   Accessory uses and/or structures.

      (2)   Commercial establishments within this Overlay Zone shall not open to the public before 7:00 a.m. nor remain open to the public after 10:00 p.m. daily. Any establishment operating in this Overlay Zone shall maintain and/or store all equipment or goods related to the business within the principal building except for displays in the front yard or sidewalk that do not interfere with the flow of sidewalk traffic nor endanger the public.

      (1)   Minimum front yard requirement - 0 feet. The minimum front yard setback from any street shall be measured from the nearest edge of the right-of-way.

      (2)   Minimum rear yard requirement - 0 feet.

      (3)   Minimum side yard requirements - two side yards totaling at least ten feet with one side not less than five feet and no buildings closer than ten feet. On all corner lots, the side yard adjacent to the street shall be adequately sized to allow for appropriate traffic sight triangles.

      (4)   Maximum building height - the greater of three stories (not to exceed 14 feet each, with space within one story able to intrude through other stories) together with a roof of reasonable proportions and an elevation of not more than four feet before the first floor or 35 feet.

      (5)   Minimum lot size - none.

      (6)   Setbacks for commercial use properties adjoining residential uses not subject to this Overlay Zone shall provide for a minimum of a ten-foot setback along any side abutting a Residential District in which is located a buffer strip as defined in § 152.175.

      (4)   Off-street parking. Adequate off-street parking shall be provided. Residential uses shall meet the same requirements as provided in § 152.093. Business uses shall provide at least one space for each employee, plus one parking space per 200 square feet of business or office floor space. In determining whether a use meets the parking requirements set forth herein, any parking space located along the street and contiguous to the lot of such use may be counted toward the satisfaction of such use’s parking requirements up to one half of such requirements. Spaces that straddle property lines shall count toward the lot fronting the majority of the space unless this would render the other lot without street parking.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08 ; Am. Ord. 2024-003, passed 6-3-24)

   This classification is designed to accommodate planned residential developments for which a conditional zoning permit or a special use permit has been issued in accordance with § 152.053 herein. Such permits are required as a prerequisite to any use or development in the PRD Classification, and no use shall be permitted except pursuant to such permit. Such permits shall insure that the proposed use or development is consistent with the requirements of this section and may further specify the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request. In granting conditional zoning approval for a planned residential district pursuant to this section, the Town Council may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured and substantial justice done.

      (3)   Adult day care centers registered with the NC Department of Health and Human Services Adult day care homes.

      (6)   Child care homes.

      (7)   Child day care centers (SR).

      (8)   Golf courses.

      (9)   Golf driving ranges.

      (11)   Manufactured homes.

      (14)   Planned residential developments (major).

      (15)   Public utility facilities (SR).

      (19)   Schools, elementary and secondary.

   (D)   Density. The density for a planned residential development shall be established by the Town Council in consideration of surrounding land uses and the existence of adequate private and public facilities, including without limitation, water, wastewater, solid waste, stormwater, roads and parks, to serve the development. Unless a planned residential development qualifies for a density bonus as provided in division (E) below, the density authorized for the district shall not exceed ten units per acre.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 3-3-14; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   This classification is designed to accommodate the development of shopping centers and retail establishments larger than 15,000 square feet of floor area or which contain commercial uses which are proposed to be developed in conjunction with residential uses. A conditional zoning permit or special use permit, issued in accordance with §§ 152.034 or 152.053, as applicable, is required as a prerequisite to any use or development in a PCD District, and no use shall be permitted except pursuant to such permit. Such permit shall insure that the proposed use or development is consistent with the requirements of this section and may further specify the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request. In granting the special use permit for a planned commercial development district, the Town Council may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured and substantial justice done.

      (1)   Accessory uses and structures.

      (2)   Adult day care centers registered with the NC Department of Health and Human Services.

      (3)   Animal boarding facilities.

      (4)   Assisted living facilities.

      (5)   Automobile car washes.

      (6)   Automobile sales and service establishments.

      (7)   Banks and other financial institutions.

      (8)   Bed and breakfast facilities.

      (9)   Brewpubs.

      (10)   Business services.

      (11)   Child care center (SR).

      (12)   Civic clubs and fraternal organizations.

      (13)   Construction trades facilities.

      (14)   Dance, health and fitness facilities.

      (15)   Dry cleaning and laundry establishments.

      (16)   Farm and construction equipment sales and service.

      (17)   Food processing establishments.

      (18)   Funeral homes and crematoria.

      (19)   Golf courses.

      (20)   Golf driving ranges.

      (21)   Home occupations (SR).

      (22)   Hotels and motels.

      (23)   Laundries, coin-operated.

      (24)   Manufactured homes and recreational vehicle sales.

      (25)   Mini-warehouses.

      (26)   Mobile food vending (SR).

      (27)   Music, art studios and galleries.

      (28)   Newspaper offices and printing establishments.

      (29)   Offices, business, financial, including banks, governmental, and professional.

      (30)   Parking lots and parking garages.

      (31)   Parks, public, including greenways.

      (32)   Personal services.

      (33)   Places of worship.

      (34)   Planned residential developments.

      (35)   Public utility facilities (SR).

      (36)   Recreational facilities, indoors.

      (37)   Recreational facilities, outdoors, commercial.

      (38)   Repair services, miscellaneous.

      (39)   Residential dwellings, single-family, two-family and multi-family.

      (40)   Restaurants.

      (41)   Restaurants, drive-in.

      (42)   Retail sales.

      (43)   RV Parks.

      (44)   Service stations.

      (45)   Signs

      (46)   Tasting rooms.

      (47)   Wholesale sales, distribution and warehousing.

   (C)   Development requirements. Primary vehicular access for a PCD Planned Commercial Development shall be by means of a major or minor thoroughfare designated as such on the current City Thoroughfare Plan. Alternatively, access may be provided by means of streets other than major or minor thoroughfares when it is clearly demonstrated that the development will not result in a significant increase in traffic on any such street.

   (D)   Development standards. All uses and structures in the PCD Classification shall meet the following development standards:

      (3)   Buffering and landscaping. The applicant shall propose, plant, construct, and make satisfactory arrangements for the preservation of a buffer and/or setbacks adequate to protect adjoining properties from the impacts of the proposed development. Such buffers, at a minimum, shall meet the requirements of §§ 152.170 - 152.179. Any part of the project area not used for buildings or other structures, loading and access ways shall be left in a natural state or landscaped with grass, trees, and shrubs.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 6-2-14; Am. Ord. passed 10-5-15; Am. Ord. passed 2-1-16; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

   This classification is designed to accommodate planned manufactured housing developments for which a conditional permit or special use permit has been issued in accordance with §§ 152.034 or 152.053, as applicable. The applicable permit is required as a prerequisite to any use or development in the PMH, and no use shall be permitted except pursuant to such permit. Such permit shall insure that the proposed use or development is consistent with the requirements of this section and may further specify the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request. In granting the special use permit for a planned manufactured housing district, the Town Council may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured and substantial justice done.

   (B)   Permissible uses, a building or land shall be used only for those purposes specified for the project which may include the following:

      (1)   Accessory uses and structures.

      (2)   Adult day care centers registered with the NC Department of Human Resources.

      (3)   Adult day care homes so long as the use is clearly incidental to the residential use of the dwelling and does not change the essential residential character of the dwelling.

      (4)   Child care centers (SR).

      (5)   Child care homes so long as the use is clearly incidental to the residential use of the dwelling and does not change the essential residential character of the dwelling.

      (6)   Home occupations (SR).

      (7)   Manufactured homes.

      (8)   Mobile homes.

      (9)   Parks, public, including greenways.

      (10)   Places of worship.

      (11)   Public utility structures (SR).

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)

 

         (a)   The developer shall be informed of the meeting by mail. Failure of the developer, or his or her authorized agent, to attend this meeting shall lead to an automatic annulment of the application.

         (b)   Property owners within 400 feet of any property line of the proposed sites shall be informed of the meeting by mail.

         (c)   All other persons shall be informed of the meeting by a conspicuously placed standardized on-site sign.

      (1)   Upon completion of the neighborhood compatibility meeting, it shall be the responsibility of the applicant to submit a preliminary development plan meeting the requirements of division (F)(3), below. The Land Use Administrator shall cause the application to be reviewed for completeness and shall notify the developer in writing if the application is incomplete, specifying what additional information is needed in order for the application to be deemed complete.

      (2)   It shall then be incumbent upon the applicant either to provide the additional information requested by the Land Use Administrator or, if he or she believes providing the requested information is unreasonably burdensome, to notify the Land Use Administrator in writing that he or she declines to provide the information requested. Upon receipt of all requested information or, in the alternative, written notice from the applicant that no further information will be provided, the Land Use Administrator shall refer copies of the proposal to such other representatives of the town and to such other agencies or officials as may be appropriate to determine if it conforms to the provisions of this chapter and to such other regulations applicable in the case. Alternatively, the Land Use Administrator may determine that the incompletion of the application renders it out of compliance with the requirements of this chapter and that therefore it will not receive further consideration by the town. The Land Use Administrator shall notify the applicant of this decision in writing. The Land Use Administrator's determination that an application is incomplete may be appealed to the Board of Adjustment pursuant to § 152.075.

      (3)   Contents of preliminary development plan.

         (a)   The preliminary development plan for projects undergoing special use review shall show the following:

            1.   The date of the development plan or submittal, including any revisions thereto.

            2.   The proposed title of the project and the name of the engineer, architect, landscape architect, planner and/or licensed surveyor; developer; and owner of record.

            3.   The north arrow point, scale at not greater than one-inch equals 40 feet and such information as the names of adjacent roads, streams, railroads, subdivisions or other landmarks sufficient to clearly identify the location of the property.

            4.   Location of site by an insert vicinity map at a scale no less than one-inch equals 2,000 feet.

            5.   Existing project zoning and zoning of adjacent property, to include properties abutting either side of a public right-of-way.

            6.   Town limits line, and/or extraterritorial jurisdiction boundary, or a note indicating that the project site and any adjoining parcels are totally within or without the town limits.

            7.   Names of adjacent property owners.

            8.   Boundary survey of site and the location of all existing easements, buildings, rights-of-way or other encroachments.

            9.   Location of 100-year floodplain and floodway, if applicable. Other significant natural features affecting the site including but not limited to wetlands, major rock outcrops and lakes or streams.

            10.   The proposed transportation network for the project including, but not limited to, the following.

               a.   All proposed streets, clearly identified as public or private, with proposed names, pavement widths and rights-of-way;

               b.   Sight distances for all entrances and exits and their relationship to street and driveway intersections within a 200-foot radius of the intersection of such entrance and exit with any public right-of-way;

               c.   All alleys, driveways, and curb cuts for public streets (provided further that, whenever any alley, driveway or curb cut will intersect with a public sidewalk and/or street maintained by the town, the development plan submitted shall include a form approved by the town's Public Works Director, demonstrating compliance with applicable regulations, including without limitation the North Carolina Department of Transportation Driveway Manual);

               d.   All handicap ramps;

               e.    Off-street loading and unloading areas;

               f.    Provisions for off-street parking spaces including calculations indicating the number of parking spaces required and the number provided;

               g.    Typical cross-sections of public or private streets; and

               h.    Pedestrian and bicycle facilities.

            11.   Preliminary utility layout, including design plans for location of the following.

               a.   Water mains, sanitary sewers, and functional fire protection systems to be installed prior to final plan approval, in accordance with adopted town policies and the town's Standard Specifications and Details Manual.

               b.   All utility or other pipes, wiring, conduits, cables, and fixtures, including but not limited to electrical, gas, telephone and telecommunications lines, fiberoptic cables and the like. All such lines shall be installed underground, except for transmission lines with a voltage of 11SkV or greater or in situations where such placement is prohibited by law, or where such requirement is relieved by a variance.

               c.    Easements to be provided to the town for utility activities which shall include but not be limited to improving, upgrading, removing, inspecting, replacing, repairing, maintaining, using, and operating such pipelines, laterals, interceptors, mains, manholes, conduits, facilities, and related appurtenances as may be necessary or convenient for the receipt, conveyance, transmission, and distribution of water, reclaimed water, and/or wastewater and for access thereto. Where necessary, easements shall be centered along or adjacent to lot lines to the greatest extent practicable. Easements shall be sized in accordance with the town's Standard Specifications and Details Manual. No structures or other improvements shall be placed within any town utility easement. Ground covers or grasses may be planted within an easement. No trees or shrubbery of any size shall be placed within any town utility easement because of the need for access by utility maintenance personnel and line damage that tree and shrub roots can cause. Any improvements installed within the easement area are subject to disturbance or damage, and may be removed by the town. All permitted and special uses shall be connected to and served by public water and sanitary sewer services.

               d.    Where connection to public water and sanitary sewer systems is required, such systems shall be constructed to town standards, sizes, and specifications and dedicated to the town for operation and maintenance, thus allowing for the orderly expansion of the town, its water and sanitary sewer systems, and fire protection services, which protect the health of the town's citizens and environment.

               e.    Nothing in this section shall be interpreted as requiring the town to maintain individual service lines for water and sanitary sewer beyond their point of connection to the town's systems, which shall be and remain the responsibility of the property owner pursuant to town policy.

               f.   The requirements of this division may be relaxed, provided that the application is for one or more land use activities for which relaxed submittal requirements may be permitted by the Land Use Administrator pursuant to § 152.052(A).

            12.   Location and size of all existing and proposed entrances and exits to the site.

            13.   Proposed reservations or dedications for parks, playgrounds, school sites and open spaces and a note indicating ownership and maintenance provisions.

            14.   A survey showing tree line before site preparation with typical species and average diameter of trees indicated.

            15.   Preliminary landscape plan indicating screening, buffering, street trees, and typical ornamental plantings.

            16.   Any garbage disposal facilities must be located on the side or rear and screened.

            17.   General location and intended use of all buildings with their dimensions, the number of floors, total floor area and maximum height above lowest ground point of each building. If several models of units are being offered for sale and the type of unit at each building location is not known, then a general outline of the unit to be constructed may be shown at the building location.

            18.   Notations to include the total project area, proposed lot areas (or individual areas to be owned by a homeowners association), the amount and percentage of the site to be covered by buildings, open space, streets and parking and other facilities.

            19.   General location, size, height, orientation and appearance of proposed signs.

            20.   General location of proposed project phasing lines and notation including special conditions pertinent to establishing sales or model units, if applicable.

            21.   A traffic impact analysis, if one is required by the terms of this chapter demonstrating the project will comply with the requirements of § 152.105, below.

            22.   Elevations of all facades, including existing structures to remain, drawn to a reasonable scale which shall be not less than 1/8-inch equals one foot. Plans shall designate proposed materials and colors of architectural features.

         (b)   The Land Use Administrator has the authority to waive any application requirement where the type of use or the scale of the project makes providing that information unnecessary or impractical. The Land Use Administrator or Town Council may request additional information from the applicant where such is necessary to enable a fully-informed decision on the matter.

   (J)   Effect of approval.

      (1)   If a petition is approved under this section, the conditional district that is established, the approved petition, and all conditions which may have been attached to the approval, are binding on the property as an amendment to this chapter and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional rezoning, including the conceptual or preliminary development plan, and all conditions attached to the approval, unless such approval shall lapse or the property is rezoned.

      (2)   If a petition is approved, the petitioner shall comply with all requirements established for obtaining a land development permit, a building permit and certificate of occupancy. Only those uses and structures indicated in the approved petition and development plan shall be allowed on the subject property. Any development in the district shall comply with all provisions of and conditions to the approved petition and development plan.

(Ord. 2023-008, passed 12-4-23 ; Am. Ord. 2024-003, passed 6-3-24)