A.   Types of use. All of the use categories listed in the use table are defined and described in Section 5.2 immediately following the use table.

      1.   Uses permitted by right. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. Such uses may be subject to additional use standards in this Article and are subject to all other applicable regulations of this UDO.

      2.   Special uses . An "S" indicates that a use is allowed only if reviewed and approved as a special use permit in accordance with Section 3.14. Special uses are subject to all other applicable regulations of this UDO.

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

   C.   Uses not listed. The Planning Director shall determine whether or not an unlisted use is part of an existing use category defined in or is substantially similar to an already defined use, using the criteria in Section 5.2, Use categories.

 

(Ord. No. 3396, §§ 4, 7, 4-3-06; Ord. No. 3417, § 2, 7-5-06; Ord. No. 3423, § 1, 8-22-06; Ord. No. 3523, § 4, 8-4-08; Ord. No. 3579, § 1, 5-3-10; Ord. No. 3617; § 1, 4-4-11; Ord. No. 3656, § 1, 2-21-12; Ord. 3673, § 2, 10-1-12; Ord. No. 3749, § 1, 10-6-14; Ord. No. 3780, § 6, 7-7-15; Ord. No. 3781, § 1, 7-7-15; Ord. No.3801, § 6, 12-7-15; Ord. No. 3881, § 3, 9-5-17; Ord. No. 3929, § 1, 9-4-18; Ord. No. 3963, § 1, 4-16-19; Ord. No. 5006, § 1, 1-4-21; Ord., 3-16-21)

   A.   Basis for classification.Use categories classify land uses and activities into use categories based on common functional, product or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

   B.   Principal uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The "characteristics" subsection of each use category describes the common characteristics of each principal use.

      1.   The developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the retail sales and service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category. If a principal use is not listed for a given district, it may not be developed in that district, whether as part of a proposed mixed-useproject or a stand-alone project.

      2.   Accessory uses.Accessory uses are allowed by-right in conjunction with a principal use unless otherwise stated in this UDO. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

      3.   Use of examples. The "examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "wholesale warehouse" but that sells mostly to consumers, is included in the retail sales and service category rather than the wholesale sales category. This is because the actual activity on the site matches the description of the retail sales and service category.

   C.   Similar use interpretation criteria. The following considerations shall be used in making similar use interpretations:

      1.   The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

      2.   The relative amount of site area or floor space and equipment devoted to the activity;

      3.   Relative amounts of sales from each activity;

      4.   The customer type for each activity;

      5.   The relative number of employees in each activity;

      6.   Hours of operation;

      7.   Building and site arrangement;

      8.   Vehicles used with the activity;

      9.   The relative number of vehicle trips generated by the use ; and

      10.   How the use advertises itself.

   D.   Residential use categories.

      1.   Household living.

         a.   Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis.

         b.   Accessory uses.Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations set forth in Section 5.4.

         c.   Examples.Uses include living in single-family, attached; single-family detached; condominiums; townhouses on separately platted or combined lots; mixed use dwellings; zero lot line dwelling; two-family dwellings; triplexes and multifamily dwellings; retirement center apartments; some continuing care facilities; manufactured housing, modular housing and other structures with self-contained dwelling units.

         d.   Exceptions. Lodging in a dwelling unit or where units are rented on a less than monthly basis is classified in the overnight accommodations category.

      2.   Group living.

         a.   Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see overnight accommodations and community service categories). Generally, group living structures have a common eating area for residents. The residents may receive care, training or treatment, as long as the care givers also reside at the site.

         b.   Accessory uses.Accessory uses commonly associated with group living are recreational facilities, dining facilities and parking of vehicles for occupants and staff.

         c.   Examples. Examples of group living include boarding house or rooming house; family care home; group care home; immediate care home; dormitories; and monasteries and convents.

         d.   Exceptions.

            (1)   Lodging where tenancy may be arranged for periods of less than 30 days is classified in the overnight accommodations category.

            (2)   Lodging where the residents meet the definition of household and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as household living.

            (3)   Continuing care facilities where individual units meet the definition of a dwelling unit in Article 11, Definitions, are classified as household living.

            (4)   Prisons, jails and other incarceration facilities are classified as government facilities.

            (5)   Post-incarceration facilities are classified as institutions.

   E.   Public, civic and institutional use categories.

      1.   Community service.

         a.   Characteristics. Community Services are uses of a public, nonprofit or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

         b.   Accessory uses.Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas and athletic facilities.

         c.   Examples. Examples include libraries, museums, art galleries, art centers, senior centers; community centers, youth club facilities, social service facilities, civil, service, fraternal clubs, lodges and similar uses.

      2.   Day care.

         a.   Characteristics. Day care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

         b.   Accessory uses.Accessory uses include offices, recreation areas and parking.

         c.   Examples. Examples include preschools, child care centers (outside home), nursery schools, latch-key programs and adult day care programs.

         d.   Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, religious institution or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

      3.    Educational facilities.

         a.   Characteristics. This category includes public and private schools at the primary, elementary, middle, junior high or high school level that provide state-mandated basic education. This category also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks. This category also includes instruction in the fine arts such as music, dance, art etc. 

         b.   Accessory uses.Accessory uses at schools include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.  Accessory uses at colleges include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial..

         c.   Examples. Examples include public, private and charter daytime schools; business, trade and vocational schools; universities; liberal arts colleges; community colleges; and instruction in music, dance, art and similar fine arts.

         d.   Exceptions. Preschools are classified as Day Care uses.

      4.   Government facilities.

         a.   Characteristics. Government facilities includes offices, storage, maintenance and other facilities for the operation of federal, state or local government.

         b.   Accessory uses.Accessory uses include storage, maintenance and fueling facilities, satellite offices and parking areas.

         c.   Examples. Examples include Town hall; public/community buildings; government offices; municipal service facilities; maintenance and utility facilities; fire stations, police stations and emergency medical and ambulance stations; prisons and jails; post offices and federal, state or local offices.

         d.   Exceptions.

            (1)   Passenger terminals for airports and regional bus service are classified as passenger terminals.

            (2)   State, county or city parks are classified as parks and open space.

            (3)   Water and wastewater facilities, gas, electric and other infrastructure services, whether public or private, are classified as utilities.

            (4)   Waste and recycling services are classified as waste related services.

      5.   Health care facilities.

         a.   Characteristics. Health care facilities include uses providing medical or surgical care to patients and offering overnight care.

         b.   Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

         c.   Examples. Examples include medical centers, hospices, continuing care facilities, mental health facilities, ambulatory health and emergency care facilities without overnight care, and hospitals.

         d.   Exceptions.

            (1)   Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the institutional category.

            (2)   Medical clinics that provide care where patients are not kept overnight are classified as office.

      6.   Institutions.

         a.   Characteristics. Institutions provide a variety of facilities including housing and care for the disabled, care and medical supervision at a lower level than a hospital in nursing care institutions for more than nine people and housing related to treatment programs.

         b.   Accessory uses.Accessory uses include school facilities, meeting rooms, parking and staff residences household living).

         c.   Examples. Examples include; some group homes for the physically disabled, mentally retarded, or emotionally disturbed; nursing care institutions and some residential programs for drug and alcohol treatment.

         d.   Exceptions.

            (1)   Continuing care facilities where individual units meet the definition of a dwelling unit in Article 11, Definitions, are classified as household living.

            (2)   Continuing care facilities where individual units do not meet the definition of a dwelling unit are classified as health care.

      7.   Parks and open areas.

         a.   Characteristics. Parks and open areas are uses of land focusing on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

         b.   Accessory uses.Accessory uses may include clubhouses, maintenance facilities, concessions, caretaker's quarters and parking.

         c.   Examples. Examples include public parks; publicly-owned golf courses; cemeteries; public squares; plazas; public swimming pools; public tennis courts; recreational trails, botanical gardens and nature preserves.

         d.   Exceptions. Privately-owned golf courses are classified as entertainment uses.

      8.   Passenger terminal.

         a.   Characteristics. Passenger terminal includes facilities for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. Aviation facilities may be improved or unimproved. Passenger terminal also includes passenger terminals for bus service and taxicab or limousine operations or facilities.

         b.   Accessory uses. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities.

         c.   Examples. Examples include airports, bus passenger terminals, taxicab and limousine operations and facilities and helicopter landing facilities.

         d.   Exceptions.

            (1)   Bus passenger stations for local service such as mass transit stops and park-and-ride facilities are classified as minor utilities.

            (2)   Private helicopter landing facilities that are accessory to another use .

      9.   Religious institutions.

         a.   Characteristics. Religious institutions primarily provide meeting areas for religious activities.

         b.   Accessory uses.Accessory uses include Sunday school facilities, day care during services where parents are on the premises, parking, caretaker's housing and group living facilities such as convents.

         c.   Examples. Examples include churches, temples, synagogues and mosques.

         d.   Exceptions.

            (1)   Preschools are classified as day care uses .

            (2)   Day care provided when parents are not on the premises is classified as day care.

            (3)   Schools providing a K--12 curriculum similar to public schools are classified as schools.

      10.   Utilities.

         a.   Characteristics. Major utilities are infrastructure services providing Town-wide service. Minor utilities are infrastructure services that need to be located in or near the area where the service is provided. Utility uses generally do not regularly have employees at the site. Services may be publicly or privately provided.

         b.   Accessory uses.Accessory uses may include parking and control, monitoring, data or transmission equipment.

         c.   Examples.

            (1)   Examples of major utilities include water towers ; radio and television broadcast towers ; telecommunication towers ; solar farms ; water plants; wastewater plants; and electrical substations.

            (2)   Examples of minor utilities include water and sewage pump stations; stormwater retention and detention facilities; public transportation facilities and telephone exchanges.

         d.   Exceptions.

            (1)   Maintenance yards and buildings , or other facilities with outdoor storage are classified as government.

            (2)   Utility offices are classified as offices.

   F.   Commercial use categories.

      1.   Entertainment.

         a.   Characteristics. Entertainment uses are generally commercial uses, varying in size, providing daily or regularly scheduled entertainment-oriented activities.

         b.   Accessory uses.Accessory uses may include restaurants, bars, concessions, parking and maintenance facilities.

         c.   Examples. Examples include athletic facilities; commercial amusements; private entertainment facilities; horse stables; privately-owned golf courses, golf driving ranges; miniature golf facilities; private country club; privately-owned tennis facilities; skateboard park; water slide; privately-owned active sports facilities such as ballfields and basketball courts; bar, night club and tavern; indoor entertainment activities such as bowling alleys, game arcades, pool halls, dance halls, indoor firing ranges, theaters; membership clubs.

         d.   Exceptions.

            (1)   Banquet halls that are part of hotels or restaurants are accessory to those uses .

            (2)   Publicly-owned golf courses are classified as parks and open areas.

            (3)   Civic, service, fraternal clubs, lodges and similar uses are considered public, civil, and institutional use categories.

      2.   Office.

         a.   Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services. No wholesale or external retail sales activity is included.

         b.   Accessory uses.Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

         c.   Examples. Examples include professional services such as lawyers, accountants, engineers or architects; banks; financial institutions such as lenders or brokerage houses; insurance agents or real estate agents; administrative offices; data processing; sales offices; radio and television stations/studios; and individual medical and dental offices.

         d.   Exceptions.

            (1)   Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

            (2)   Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored outside and fabrication, services or similar work is not carried on at the site.

            (3)   Medical and dental clinics and labs are classified as health care.

      3.   Overnight accommodations.

         a.   Characteristics.Dwelling units arranged for short term stays of less than 30 days for rent or lease.

         b.   Accessory uses.Accessory uses may include pools and other recreational facilities, limited storage, food preparation and dining facilities, laundry facilities, meeting rooms, off-street parking and offices.

         c.   Examples. Examples include bed and breakfast establishments; hotels, motels, inns, and extended stay facilities.

      4.   Parking, commercial.

         a.   Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

         b.   Accessory uses. Small structures intended to shield parking attendants from the weather.

         c.   Examples. Examples include short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partially for rent to others).

         d.   Exceptions.

            (1)   Parking facilities that are accessory to a principal use , but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.

            (2)   Parking facilities that are accessory to a principal use are not considered commercial parking uses , even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

            (3)   Public transit park-and-ride facilities are classified as utilities.

            (4)   Sales or servicing of vehicles is classified as vehicle sales and service.

      5.   Restaurants .

         a.   Characteristics. Establishments that sell food for on- or off-premise consumption.

         b.   Accessory uses.Accessory uses may include decks and patios for outdoor seating, drive-thru facilities, customer and employee parking areas, and valet parking facilities.

         c.   Examples. Includes restaurants, drive-ins, drive-throughs, fast food establishments, yogurt or ice cream shops and pizza delivery facilities.

         d.   Exceptions. Nightclubs, taverns and bars are classified as entertainment uses.

      6.   Retail Sales and Service.

         a.   Characteristics. Retail Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services, or provide product repair or services for consumer and business goods.

         b.   Accessory uses.Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

         c.   Examples. Examples include uses from the three following groups:

            (1)    Sales-Oriented. Stores selling, leasing or renting, consumer, home and business goods including alcohol, appliances, art, art supplies, bicycles, books, building! lumber sales, clothing, dry goods, electronic equipment, fabric, farm supplies, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, manufactured home sales, marine and fishing equipment, monument, optical, pets, pet food, pharmaceuticals, plants, printed material, stationary and medical and dental supply stores, trailer equipment, videos; and food sales.

            (2)    Personal Service-Oriented. Banks; commercial greenhouse; drive-in sales; dry cleaner/laundry; emergency medical care offices; funeral home; household equipment rental; photographic studios; photocopy and blueprint services; hair, tanning and personal care services; health clubs and gyms; office equipment rental; personal service shops, travel agencies; animal hospital/care facility, and animal grooming.

            (3)    Repair-Oriented. Repair of TV’s, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment: photo or laundry drop-off; tailor; locksmith and upholsterer.

         d.   Exceptions.

            (1)   Restaurants are classified as restaurants .

            (2)   Laundry and dry-cleaning plants are considered light industrial services.

            (3)   Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales .

            (4)   Rental, repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as vehicle sales and service.

            (5)   Taxicab and limousine operations or facilities are classified as passenger terminals.

            (6)   Hair salons, barbershops and beauty shops are classified as a separate land use category. Refer to the Use Table under Section 5.1 for zoning districts where this use is permitted.

      7.   Self-service storage.

         a.   Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

         b.   Accessory uses.

            (1)   Accessory uses may include living quarters for a resident manager or security and leasing offices and outside storage of boats and campers.

            (2)   Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use .

            (3)   The rental of trucks or equipment is also not considered accessory to a self-service storage use .

         c.   Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

         d.   Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category.

      8.   Vehicle sales and service.

         a.   Characteristics. Vehicle sales and service uses provide direct services to motor vehicles. They also may include firms that rent or service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles.

         b.   Accessory uses.Accessory uses may include offices, sales of parts and vehicle storage.

         c.   Examples. Examples include automobile rental; automobile sales; car washes; quick lubrication services; vehicle repair, transmission or muffler shop; towing service; auto body shop; alignment shop; auto upholstery shop; auto detailing; and tire sales and mounting.

         d.   Exceptions.

            (1)   Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use .

            (2)   Convenience stores with fuel sales are classified as retail sales and service.

   G.   Industrial use categories.

      1.   Aviation service.

         a.   Characteristics. Aviation service firms are engaged in storage, repair or servicing of airplanes, helicopters and related aviation equipment, charter aviation services, flying-related education, and warehousing related to air shipping.

         b.   Accessory uses . Accessory activities may include offices, parking, warehousing and storage.

         c.   Examples. Examples include airplane landing strips, sales, service and repair, fixed base operators, flying schools and air shipment warehouses.

         d.   Exceptions.

            (1)   Car rental agencies associated with commercial air travel are classified as passenger terminals.

            (2)   Warehousing not associated with air shipping is classified as warehousing and freight movement.

      2.   Light industrial service.

         a.   Characteristics. Light industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. The uses may have indoor or outdoor operations.

         b.   Accessory uses. Accessory activities may include offices, parking and storage.

         c.   Examples. Examples include welding shops; sheet metal fabrication shop; machine shops; tool repair; electric motor repair; farm equipment repair and storage; repair of scientific or professional instruments; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance services; fuel oil distributors; research and development; testing and development laboratories; sign shop; laundry, dry-cleaning and carpet cleaning plants and photo-finishing laboratories.

         d.   Exceptions. Contractors and others who perform services off-site are included in the office category, if major equipment and materials are not stored on-site and fabrication or similar work is not carried on at the site.

      3.   Manufacturing and production.

         a.   Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

         b.   Accessory uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

         c.   Examples. Examples include processing of food and related products, including apparel; catering establishments; concrete batching and products and asphalt mixing; electric machines; food processing plants; instruments and components; light manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; movie production facilities; production or fabrication of metals or metal products including enameling and galvanizing; office equipment and supplies; manufacture or assembly of equipment, instruments, including musical instruments, appliances, precision items and other electrical items; production of artwork and toys and sign making.

         d.   Exceptions.

            (1)   Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.

            (2)   Manufacture and production of goods from composting organic material is classified as waste related service.

      4.   Resource extraction.

         a.   Characteristics. Resource extraction uses include those uses that rely on mining, quarrying or other similar activity to extract resources from the ground.

         b.   Accessory uses. Accessory uses include offices for mining personnel, parking and storage.

         c.   Examples. Examples include mines, borrow pits, and quarries.

      5.   Warehouse and freight movement.

         a.   Characteristics. Warehouse and freight movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

         b.   Accessory uses. Accessory uses may include offices, truck fleet parking and maintenance areas.

         c.   Examples. Examples include separate warehouses used by retail stores such as building and lumber materials; storage used by furniture and appliance stores; household moving and general freight storage; cold storage plants; truck terminals; storage garage warehouses, indoor only, including frozen food lockers; storage tanks; parcel services; and the stockpiling of gravel or other aggregate materials.

         d.   Exceptions.

            (1)   Uses that involve the transfer or storage of solid or liquid wastes are classified as waste related service.

            (2)   Mini-warehouses are classified as self-service storage uses .

            (3)   Flex space is classified as light industrial service.

      6.   Waste related service.

         a.   Characteristics. Waste related services are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

         b.   Accessory uses.Accessory uses may include recycling of materials, offices and repackaging and transshipment of by-products.

         c.   Examples. Examples include waste transfer or composting and large recycling facilities and salvage/junk yards; reclamation landfill; and sanitary landfill.

         d.   Exceptions. Disposal of dirt, concrete, asphalt and similar non- decomposable materials is considered fill.

      7.   Wholesale sales.

         a.   Characteristics.Wholesale sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

         b.   Accessory uses.Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

         c.   Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware.

         d.   Exceptions.

            (1)   Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.

            (2)   Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.

   H.   Other use categories.

      1.   Agriculture.

         a.   Characteristics. Agriculture includes activities that primarily involve raising, producing or keeping plants or animals. Also includes direct sales of such products at wholesale.

         b.   Accessory uses. Accessory uses include dwellings for proprietors and employees of the use and animal training.

         c.   Examples. Examples include breeding or raising of fowl or other animals; barn/ stable for private animal livestock; catfish farm; riding academies; crop production; farming; pasturage; truck gardening and wholesale plant nurseries or greenhouses.

         d.   Exceptions.

            (1)   Processing of animal or plant products are classified as manufacturing and production.

            (2)   Plant nurseries or greenhouses that are oriented to retail sales are classified as retail sales and service.

(Ord. No. 3396, § 5, 4-3-06; Ord. No. 3423, §§ 2, 3, 8-22-06; Ord. No. 3523, § 6, 8-4-08; Ord. No. 3579, §§ 2, 3, 5-3-10; Ord. No. 3656, § 2, 2-21-12; Ord. No. 3749, § 2, 10-6-14; Ord. No. 3780, § 7, 7-7-15; Ord., 3-16-21)

   A.   Residential uses .

      1.   Group Living.Family care, group care and intermediate care homes - or another form of group living - are permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   No more than one family care home may be located within one-half mile of another family care home , a group care home , an intermediate care home or another form of group living permitted through a special exception; measured by a straight line from the nearest property line. A family care home shall be certified as a licensed family care home by the North Carolina Department of Health and Human Services.

         b.   Group care homes shall not be located closer than one-half mile to any other existing group care home, family care home , an intermediate care home or another form of group living permitted through a special exception; measured by a straight line from the nearest property lines.

         c.   Intermediate care homes shall not be located closer than one-half mile to any other existing intermediate care home , family care home or group care home ; measured by a straight line from the nearest property lines.

         d.   Family or group care homes shall be separated by a 15-foot wide buffer with 50 percent screening to height of six feet from any abutting property located in a residential district.

         e.    O ne streetparking space shall be provided for every two beds in a group care home or facility plus one space for each staff person per shift. Parking improvements shall be constructed in accordance with all applicable parking standards of Article 7.

         f.   A residence used for a family or group care home shall maintain a residential appearance which is compatible with the surrounding neighborhood and no exterior alterations are permissible without prior approval from the Town of Garner.

         g.   No family care , group care or intermediate care home - or other forms of group living shall be established, constructed or expanded except in accordance with applicable sections of this UDO and North Carolina State Building Code.

         h.   Group care homes with a significant juvenile population shall be required to have the rear yard area enclosed by a fence at least six feet in height.

         i.   No family or group care home shall be established or maintained without trained supervisory personnel on site.

      2.   Manufactured home . An individual manufactured home may be allowed in the R-40 districts. In the R-40, and the home must be a class A manufactured home , as defined in Article 6. A manufactured home located on an individual lot outside the RMH or R-40 districts shall only be sited following approval of a manufactured home floating zone (-MH) through the rezoning procedures in Article 3.

      3.   Residential uses in the CBD. Residential uses located within the Central Business District shall conform to the following standards:

         a.   New single family residential development is not allowed;

         b.   Duplex, triplex and multifamily developments is not allowed within the CBD;

         c.   Multifamily development of the downtown structures between Purvis Street and Griffin Street shall be limited to the occupancy of the second floor and shall require conformance to the North Carolina State Building Code for all units prior to occupancy;

         d.   Townhouse or condominiumuses are allowed within the CBD and shall meet the development standards of Article 6.

      4.   Upper-story residential. Upper-story residential development is permitted provided it is part of a larger project , the residential component does not exceed 50 percent of the land area of the project , and a site plan for the project is reviewed in accordance with Article 3.

   B.   Public, civic and institutional uses.

      1.   Business school, college or university. Business schools, colleges or universities in the NC, NO or CBD district are permitted, provided that:

         a.   Only a single building is used for the school, college or university; and

         b.   All activities are conducted in a completely enclosed building .

      2.   Cemetery. Cemeteries are permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   When a cemetery abuts or is across a street , alley, or easement from private property zoned in a residential district classification, a 20-foot buffer shall be provided and the following conditions shall be observed:

            (1)   No burials shall be permitted in the buffer ;

            (2)   The buffer shall be landscaped with grass and trees, shrubs, or other ornamental horticultural materials; and

            (3)   The buffer shall be maintained in a neat and orderly condition at all times.

         b.   Warehouses, storage or maintenance buildings , mausoleums, crematories, or columbaria shall be located not less than 150 feet from the nearest private residential property line.

      3.   Day care. Day care (up to three children as a home occupation) is permitted in accordance with the use table in Section 5.1. The following standards apply to child day care and adult day care uses:

         a.   Adult day care. Commercial adult day care is licensed by the North Carolina Department of Health and Human Services.

         b.   Child day care. Up to three children cared for in a residence, and subject to the requirements for a home occupation.

         c.   Family child day care. Up to eight children in a residence, and subject to a license from the North Carolina Department of Health and Human Services.

            (1)   At least 100 square feet of outdoor play area shall be provided for each child. The outdoor play area shall be enclosed by a fence having a minimum height of four feet, which shall be maintained in good condition.

            (2)   An off-street drop-off and loading area shall be provided.

            (3)   Family child day care shall only be permitted to operate between the hours of 6:00 a.m. and 10:00 p.m.

            (4)   A 15-foot landscape buffer with a 50 percent screen to a height of six feet adjacent to any property zoned or used residentially shall be provided.

         d.   Day care center. Any day care not defined in paragraphs a through c above.

            (1)   At least 100 square feet of outdoor play area shall be provided for each child. The outdoor play area shall be located at least 50 feet from the lot line of any residential property, and enclosed by a fence having a minimum height of four feet, which shall be maintained in good condition.

            (2)   An off-street drop-off and loading area shall be provided.

      4.   Minor utilities.

         a.   Utilities are permitted in accordance with the use table in Section 5.1 and the following standards:

         b.   Electric power, telephone, cable televisions, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures , located within a public right-of-way.

         c.   Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or Town) of the right-of-way.

         d.   Wells, pumping stations, or other similar facilities that are owned or operated by the City of Raleigh as part of the public water and sewer system.

         e.   However, uses listed in paragraphs a and b above shall be subject to any notification, review and plan submission requirements approved by the Town Council.

         f.   On-site water or wastewater treatment facilities that are authorized pursuant to an approved permit for a developmentproject ; provided such facilities are designed and constructed to primarily serve said development .

      5.   Solar Farms .

         a.   The maximum height for all solar panels, mounts and related equipment or structures shall not exceed 15 feet. This includes solar panels at maximum tilt.

         b.   The solar farm area shall be enclosed with a minimum 6-foot tall security fence along its entire perimeter. Gates shall be locked and secured.

         c.   The minimum front and corner-side setback is 30 feet from the right-of-way of a public or private road, or private road easement. In the case of a public road that is designated by the current Town of Garner transportation plan as a minor or major thoroughfare, freeway or interstate, the minimum setback from the right-of-way of said designated road shall be 50 feet.

         d.   The minimum interior side and rear setbacks shall be equal to the applicable buffer width specified in Article 7.

         e.   With the exception of the perimeter security fence required in subsection (b), all other solar farm structures; including but not limited to: mechanical equipment, panels and mounts; and materials shall be set back a minimum of 100 feet from footprint of any existing residential dwelling unit.

         f.   Solar farms shall meet the screening of objectionable views requirements of Article 7.

         g.   Solar farms shall meet the industrial performance standards of Article 6.

         h.   Solar panels shall not create a traffic or safety hazard; solar panels shall be arranged, angled or sited to minimize glare or reflection onto adjoining properties and rights-of-way. Panels shall have a textured or anti-reflective surface or coating. Mirrors or mirrored panels are prohibited.

         i.   Decommissioning Plan: A Decommissioning Plan shall be approved and recorded as a condition of the Special Use Permit. At a minimum, the Decommissioning Plan shall address the following requirements:

            (1)   Responsible parties.

            (2)   Timeline for the completion of all decommissioning plan activities within 6 months of power ceasing to be provided to the recipient client.

            (3)   Removal and disposal of all equipment and materials; including but not limited to: panels, mounts, structures, pads, foundations, underground wiring and fencing.

            (4)   Site reclamation and surface restoration; including but not limited to: retention of installed landscaping, putting down new topsoil, re-grading, and re-seeding.

            (5)   An “Estimated Net Cost of Decommissioning” prepared by a licensed engineer, inclusive of salvage proceeds; and a mechanism to annually report to the Town of Garner Planning Department a “Revised Estimate of the Net Cost of Decommissioning” that accounts for items such as - but not limited to - inflation, deflation and depreciation.

         j.   Decommissioning Surety: Prior to the issuance of any building permits, a surety acceptable to the Town Attorney of the Town of Garner naming the Town of Garner as beneficiary shall be posted for 125% of the Estimated Net Cost of Decommissioning established within the approved Decommissioning Plan or $25,000, whichever is greater.

   If at any time, the Revised Estimate of the Net Cost of Decommissioning exceeds 90% of the value of the posted surety, a new or amended surety shall be posted in the amount of 125% of the newly Revised Net Cost of Decommissioning.

      6.   Religious institutions.

         a.   [Religious institutions in residential districts.] Religious institutions are permitted in residential districts in accordance with the use table in Section 5.1 and the following standards:

            (1)   A minimum setback of 40 feet from all exterior lot lines is required; and

            (2)   The minimum distance between any exterior lot lines and the perimeter of a parking area shall be 25 feet where such boundaries adjoin a residential zoning district.

            (3)   A religious institution in or adjacent to any residential district shall have its principal vehicular entrance and exit on an arterial street , or on a collector street within 150 feet of its intersection with an arterial.

            (4)   The principal building and accessory uses must be on a contiguous site or sites separated only by a public street .

            (5)   After the effective date of this UDO, a religious institution shall not be established in a residential structure in any residential district.

         b.   Religious institutions in the CBD.

            (1)   Religious institutions shall not be a permissible use within existing commercial buildings in downtown Garner located along Main Street between Purvis Street and Griffin Street and zoned CBD.

            (2)   Existing religious institutions located in commercial buildings within the area defined above shall be permitted to continue after the effective date of this ordinance; however, once an existing religious institution located in a commercial building in the area defined above ceases operation, a new or different religious institution shall not be permitted to occupy the vacated location.

      7.   Schools in residential districts.

         a.   Public or private schools are permitted in accordance with the use table in Section 5.1 and the following standards:

         b.   A minimum setback of 40 feet from all exterior lot lines is required; and

         c.   The minimum distance between any exterior lot lines and the perimeter of a parking area shall be 25 feet where such boundaries adjoin a residential zoning district.

         d.   A school in or adjacent to any residential district shall have its principal vehicular entrance and exit on an arterial street , or on a collector street within 150 feet of its intersection with an arterial.

         e.   The principal building and accessory uses must be on a contiguous site.

      8.   Telecommunication facility. Towers and antennas greater than 35 feet in height are permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   The Town Council encourages the co-location of antennas on existing towers in the Town's planning jurisdiction where possible in order to reduce the amount of visual clutter that new towers create in the community.

         b.   The applicant shall attend a pre-application meeting with the Planning Department. The applicant shall provide information regarding the proposed facility's service area requirements, co-location opportunities and review a checklist of information required for the formal application. Additional information necessary to review the impact of the proposed facility on surrounding properties may be required by the Planning Director at the time of pre-application meeting.

         c.   The application shall comply with the criteria of Article 3.14 where applicable of the ordinance and meet the following standards.

            (1)   Reserved.

            (2)   The applicant shall provide competent evidence to the Town Council that all reasonable efforts have been made to co- locate on an existing tower , building , or structure or that no existing tower , building or structure will technically satisfy the applicant's needs.

            (3)   The applicant shall certify to the Town Council that a new tower location will be constructed for co-location of future users and that radio, television or similar reception for adjoining properties will not be disturbed or diminished.

            (4)   Advertising copy or any logo which constitutes a sign is prohibited on any tower and antenna or satellite dish antenna in any zoning district.

            (5)   The proposed tower location must be in conformity with the Comprehensive Growth Plan, the Transportation Plan and other plans officially adopted by the Town Council and applicable zoning overlay districts (1-40, U.S. 70/401, Timber Drive , and Lake Benson Overlay ).

            (6)   To assure that the proposed tower will be in conformity with the adopted plans and policies of the Town, the Town Council may require a specific type of towerconstruction . Monopole towers shall be required for sites that fall within the I-40, U.S. 70/401 and Timber Drive Overlay Districts. The Council may require specific towerconstruction types in other areas of the Town, based on site specific needs and characteristics of the surrounding neighborhood.

            (7)   Setbacks.

               (a)   Minimum Setbacks. A setback radius as measured from the center of the tower base shall be required as follows for all cell towers - except for those located in the R-40 district (see subsection (15) below) - as follows:

 

 

*   Breakpoint Minimum Distance (BMD) is the distance from the top of the structure to the breakpoint level of the structure .

               (b)   The Town Council may allow the setback adjacent to undeveloped residential districts to be reduced to a minimum of 60% of the tower height based on competent engineering evidence provided by the applicant certifying that the structural integrity of the tower is designed to collapse completely within the reduced setback distance and that affected owners of record adjacent to the reduced setback distance provide written documentation that they do not object to such setback reduction.

               (c)   Breakpoint design technology is defined as: The engineering design of a tower wherein a specified point on the tower is designed such that in the event of a structural failure, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the tower. Certification by a registered professional engineer licensed by the State of North Carolina of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.

               (d)   The Town Council may require that a tower setback radius area not contain any building s, structure s or land uses if the Council concludes that such building s, structure s or land uses could be impacted by the structural failure of the tower .

            (8)   Landscape screening and buffering. A landscape buffer shall be required between a tower and all adjacent land uses with the exception of manufacturing, airport, armory and crematorium uses . See Article 7 for specific buffer and screening standards. In addition, the following standards shall apply:

               (a)   The required landscape buffer shall be required between the base of a tower and any street right-of-way from which the tower is visible.

               (b)   The Planning Director has the discretion to require that the landscape buffer be provided adjacent to the fencing surrounding the tower base rather than at the property line, when the site conditions are such that tower base location will create a more effective visual screen from the adjacent property line or street right-of-way.

            (9)   The Town Council may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than the red and white marking pattern, when such marking pattern is determined to be aesthetically blighting due to the location of surrounding land uses or the visibility of the tower .

            (10)   When tower lighting is proposed, the applicant shall certify to the permitting authority, as part of the conditional or special use permit application, that the lighting planned for the tower does not exceed the minimum standards of the Federal Aviation Administration (FAA), as amended.

            (11)   The exterior appearance of all buildings associated with a telecommunications tower located adjacent to any residential zoning district may be required by the Town Council to resemble a residential dwelling, including a pitched roof(s), and frame or brick veneer construction .

            (12)   The exterior appearance of all buildings associated with a telecommunications tower located in a residential or non residential zoning district, which is visible from a public right- of-way, may be required by the Town Council to have architectural enhancements, such as, siding, split face block or brick veneer on all facades visible from the public right-of- way.

            (13)   A tower that has been abandoned or has not been actively used for a period of six consecutive months shall be removed by the tower user that currently owns or leases the facility upon notice from the Town of Garner, unless the Town Council grants a time extension at the owner's request, for a period not to exceed one year from the date of official notice.

            (14)   The tower shall be a tapered monopole construction unless otherwise approved by the Town Council. The tower shall not exceed a height of 200 feet (measured from the finish grade elevation to the top of the tower ). However, the Town Council may require a tower be of a certain height, not to exceed the maximum permitted, if it finds that such a requirement is necessary to support the design for co-location of additional users or is needed to address the impact of the tower on adjacent properties and uses .

            (15)   In addition to meeting the standards listed above towers located in R-40 zoning districts shall comply with the requirements outlined below.

               (a)   There shall be a minimum setback from all sides of a tower equal to 2.5 times the tower height measured in a straight line to an existing residence, excluding the applicant's residence.

               (b)   Towers located in R-40 districts greater than 75 feet in height shall not be located closer than 2,500 feet to another tower greater than 75 feet in height. This separation provision applies only to communication towers which transmit or receive telephone, telecommunication, radio or TV signals and does not include amateur or ham radio towers and antennas .

               (c)   Associated buildings used in connection with a tower located in R-40 districts may not be used as an employment center for any worker. This provision does not prohibit periodic maintenance and monitoring of equipment and instruments.

               (d)   The applicant shall apply stealth technologies for towers located in R-40 districts where practical. However, all antennas on towers in R-40 districts shall employ a type of stealth application that visually screens antennas from any off-site location in a manner approved by the Town Council.

               (e)   Tower locations in R-40 districts are subject to applicable standards of the Town's landscape ordinance and shall comply with the following specific landscaping/buffer standards:

                  i.   The base of the tower , including associated structures , fences, etc. shall be surrounded by a forested area 75 feet wide buffer with planted vegetation necessary to achieve a 100 percent screen at eight feet in height. Existing mature forest areas may be used to reduce the buffer width requirement if the screening standard can be met.

                  ii.   Landscape berms may be allowed in lieu of the required landscaped forest area provided the landscape berm is appropriate for the tower location and it achieves the required screening standards outlined above.

                  iii.   The Planning Director has the discretion to require that the required Buffer be provided adjacent to the fencing surrounding the tower base rather than at the property line, when the site conditions are such that tower base location will create a more effective visual screen from the adjacent property line or street right-of-way.

      9.   Trade/vocational educational facilities. Trade/vocational educational facilities are permitted, provided that all activities are conducted in a completely enclosed building.

      10.   Continuing care retirement facilities. Continuing care retirement facilities shall meet the following provisions:

         a.   The number of persons who may be housed in non-independent rooms or apartments (not including hospital or clinic beds) does not exceed the number of persons housed in independent dwelling units by a ratio of 3:1.

         b.   The continuing care retirement facility do not exceed a density of ten units per acre, not including the number of persons occupying hospital or clinic beds.

         c.   The number of hospital or clinic beds shall not be more than 50 percent of the total number of permitted dwelling units .

         d.   Retail stores and personal service establishments located within the continuing care retirement facility are permissible only when:

            (1)   Such uses exclusively serve the residents of the facility;

            (2)   There is no exterior evidence of such uses outside of the building they are located in and have no outdoor entrance for customers separate from the main entrance of the activity or administrative building ; and

            (3)   The floor area devoted to such uses shall not exceed 50 percent of the floor area of the building where the uses area located.

         e.   The facility is located on a minor or major thoroughfare.

         f.   The total number of persons residing in the continuing care retirement facility does not exceed 500.

         g.   A minimum of 25 percent of the tract must be retained on site as permanent open space.

      11.   Hospitals or Ambulatory Health/Emergency Care with heliport operations in the O&I and CR Districts.

      These provisions shall only apply to Hospitals or Ambulatory Health/Emergency Care Facilities with heliport operations.

         a.   Structures shall be designed and placed in a manner that is not to be detrimental to adjoining properties within a 1,000 feet radius of the heliport site measured from the center of final approach and take off area.

         b.   Proof of airspace clearance from the Federal Aviation Agency must be provided prior to the issuance of a certificate of occupancy.

         c.   Evidence of applicable approvals required by the North Carolina Department of Transportation for helicopter flight operations must be provided prior to the issuance of a certificate of occupancy.

         d.   The Town Council may require the applicant to implement noise reduction measures or flight operational restrictions deemed reasonable in order to protect the public health, safety and welfare of surrounding residents and businesses.

         e.   A 6-foot tall, opaque, year round landscape buffers and/or plantings is required in order to mitigate visual impacts to surrounding ground-floor residential properties.

   C.   Commercial, office and retail uses.

      1.   Bank, financial institution. A bank, credit union, or other financial institution located in the NO or NC districts shall provide only indoor transactions, which shall be further limited to the hours between 6:00 a.m. and 10:00 p.m. No external automated teller machine, drive-through windows, or night drop windows shall be permitted.

      2.   Bar, nightclub, tavern.

         a.   In the CR, SB, l-1 and I-2 districts, a bar, nightclub or tavern shall not be permitted within 500 feet of any residential use or residential district.

         b.   In the CBD district, a bar, nightclub or tavern may only be located on parcels with frontage on Main Street between Montague and Griffin Streets or along Rand Mill Rd.

         c.   In the CBD district, a bar, nightclub or tavern shall have a minimum of 250 square feet devoted to food preparation (kitchen, food refrigeration/freezers, etc.)

         d.   In the CBD district, a bar, nightclub or tavern shall be open no later than 1:00 a.m.

      3.   Car wash. A car wash shall be permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   No outdoor storage is permitted;

         b.   Any bay doors shall not be oriented toward the public right-of-way unless appropriately screened as determined by the permit-issuing authority;

         c.   All washing operations shall be conducted within a completely enclosed building ; and

         d.   No car wash facility, including any areas for vehicular use , shall be located within 500 feet of any existing residential zoning district.

         e.   No vehicles shall be stored overnight.

      4.   Convenience store without fuel sales. A convenience store in the NC and CBD districts may not exceed 5,000 square feet in gross floor area.

      5.   Extended stay facility. Extended stay facilities are permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   All guest rooms shall take access from an interior hallway. No guest rooms shall be accessible without passing through a secured area.

         b.   Staff or management shall be on duty 24-hours per day, seven days per week;

         c.   Each guest room shall have a minimum of 280 square feet;

         d.   No outside storage or permanent parking of equipment or vehicles shall be permitted; and

         e.   No buildings constructed under this section may be converted to or used as apartments or condominiums .

         f.   No extended stay facility shall be located on a site within 500 feet of any residential district or use .

      6.   Gym, spa, indoor tennis court or pool, private. A private gym, spa, indoor tennis court or pool in the NC and NO districts may not exceed 5,000 square feet in gross floor area.

      7.   Repair oriented use. A repair-oriented use in the NC district may not exceed 5,000 square feet in gross floor area. No outdoor storage at a repair-oriented use shall be permitted.

      8.   Restaurant, indoor with seating only. An indoor restaurant in the NC district may not exceed 5,000 square feet in gross floor area.

      9.   Restaurant, take-out only. A take-out restaurant in the NC district may not exceed 5,000 square feet in gross floor area.

      10.   Sexually oriented business (adult uses). Adult uses are permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   No adult cabaret or adult establishment shall be located closer than a distance of 1,000 feet from a church, school, park, residential zoning district or other adult cabaret or adult establishment . The 1,000 foot distance shall be measured from the closest point on the perimeter of the lot on which the described establishment is located to the nearest point on the lot on which the church, school, park, residentially zoned district, adult cabaret or adult establishment is located.

         b.   Except as permitted in Section 7.5, Sign regulations, no signs , logos , promotional materials or other distinctive decorations or markings shall be placed on the exterior of the establishment or shall be visible to the public from streets or highways, pedestrian sidewalks or walkways.

      11.   Vehicle general repair. Outdoor storage is restricted to the rear of a building and must be 100 percent screened from all street views. No vehicles shall be stored for more than 30 days.

      12.   Vehicle sales, rental. Outdoor storage is restricted to the rear of a building and must be 100 percent screened from all street views. Sales areas where vehicles for sale are parked may be permitted, subject to any restrictions for parking area in the SB district.

      13.   Vehicle service, limited. No outdoor storage is permitted in the CR and I-1 districts and no vehicles shall be stored overnight. Outdoor storage in the SB district is limited to the rear of the building with 100 percent screening from all views.

      14.   Vehicle towing, storage.

         a.   No vehicle towing or storage facility shall be located within 500 feet of any residential use or district.

         b.   All overnight storage of vehicles shall be completely screened from view from the public right-of-way and adjacent properties by a six- foot fence or other methods that achieve the screening objective.

      15.   Veterinarian/kennel, indoor.

         a.   No veterinarian or kennel in the NC, NO or CBD districts shall exceed 5,000 square feet.

         b.   All activity associated with the operation shall take place within a completely enclosed building .

      16.   Veterinarian/kennel with outdoor operations. No veterinarian or kennel with outdoor operations shall be located within 500 feet of any residential use or district.

      17.   Electronic gaming center. No electronic gaming center shall be located within ¼ mile of another electronic gaming center . The distance shall be measured from the closest point on the perimeter of the parcel on which the described establishments are located.

   D.   Industrial and manufacturing uses.

      1.   Flex space. Flex space is permitted in accordance with the use table in Section 5.1 and the following standards:

         a.   Changes in products, services, and square footage of the permitted uses within a flex-spacestructure do not require approval of the Town.

         b.   Any portion of the gross floor area in each flex spacestructure may be commercial space provided sufficient off-street parking is available on-site.

         c.   One parking space shall be provided for each 400 square feet of floor area used as flex space .

      2.   Industrial use , indoor. No outdoor storage is permitted in the I-1 district. Outdoor storage in the SB district is limited to the rear of the building with 100 percent screening from all views.

      3.   Manufacturing and production. Manufacturing and production facilities are permitted in accordance with the use table in Section 5.3 and the following standards:

         a.   No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line.

         b.   All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.

         c.   Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.

         d.   No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne.

         e.   No direct glare from high temperature processes such as combustion or welding, which is visible at the lot line, shall be permitted.

         f.   There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.