USE REGULATIONS
All land uses or structures shall be permitted in districts only as indicated in this division. No use prohibited in a district shall be permitted under any circumstances. The following symbols are used in table 03.110:
(1)
Y indicates a permitted use, where the use is permitted as a matter of right subject to all performance standards.
(2)
N indicates a prohibited use.
(3)
L indicates a use permitted subject to limited review. The limited review determines whether the locational, design, or other criteria of section 32-191 of this article have been met for the proposed site. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Limited review shall be processed by the land development administrator.
(4)
C indicates a use permitted only if a minor special use is approved per section 32-1083. The use must conform to the locational, design or other conditions of section 32-191. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Minor special uses shall be processed by the board of adjustment.
(5)
MajS indicates a use permitted only if a major special use is approved per section 32-1082. The use must conform to the locational, design or other conditions of section 32-191. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Special uses shall be processed by the board of commissioners.
(Ord. of 7-12-1999, § 03.100; Amend. of 4-19-2021(2), § 1)
According to land use, table 03.110A lists the type of permission in each district, parking requirements, loading bay requirements, and permitted sign types. Table 03.110B lists the specific parking requirements and table 03.110C lists specific loading requirements for several specific uses listed in table 03.110A. Limited, minor and major special use standards are contained in the tables and section 32-191 of this article. Should a use not be identified in table 03.110 or article XIX, refer to section 32-1138. See article IV for district, lot, bulk and other standards.
TABLE 03.110A
GENERAL USE TABLE
| Permitted Land Use | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Land Use | AR-80 | AR-40 | R-25 | MHPD | HB | NB | I-1 | I-2 | O/I | Parking | Loading | Other |
| Agricultural | ||||||||||||
| Boarding Stables | Y | Y | Y | Y | N | N | N | N | N | |||
| Bona Fide Farms | Y | Y | Y | Y | Y | Y | Y | Y | Y | na. | na. | |
| Farmsteads | Y | Y | Y | N | N | N | N | N | N | 3/du. | none | |
| Residential | ||||||||||||
| Single-Family Detached | Y | Y | Y | Y | N | N | N | N | N | 3/du. | none | |
| Manufactured Home | L | L | L | L | N | N | N | N | N | 2/du. | none | see section 32-194 |
| Planned Unit Development | MajS | MajS | MajS | MajS | N | N | N | N | N | 2.25/du. | none | see section 32-195 |
| Manufactured Home Park | N | N | N | L | N | N | N | N | N | 2.25/du. | none | see section 32-196 |
| Group Home | Y | Y | Y | Y | N | N | N | N | N | 3.0/du. | none | |
| Home Uses | ||||||||||||
| Cottage Industry | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-197 |
| Family Child Care Home | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-199 |
| Home Businesses | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-198 |
| Home Occupation | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-200 |
| Institutional | ||||||||||||
| Assembly and Worship | Y | Y | Y | Y | Y | N | N | N | Y | 1/3 seats | 1/40,000 sf. | |
| Child Care Centers | Y | Y | Y | Y | Y | Y | N | N | Y | see table 03.110B | 1/60,000 sf. | |
| College | L | L | L | N | Y | L | N | N | Y | 1/2 students | 1/40,000 sf. | |
| Institutional | Y | Y | Y | Y | Y | Y | N | N | Y | see table 03.110B | 1/60,000 sf. | |
| Institutional, Residential | L | L | L | L | Y | Y | N | Y | L | see table 03.110B | 1/25,000 sf. | see section 32-201 |
| Protective Care | MajS | MajS | N | N | MajS | N | Y | N | L | 1/2 rooms | 2 sf. | see section 32-202 |
| Public Service | L | L | L | Y | Y | Y | Y | Y | L | 1/employee and 1 stored vehicle | 1 per loading bay | see section 32-203 |
| Utilities, Local | L | L | L | Y | L | Y | Y | Y | L | 1/1,000 sf. | 1/2,000 sf. | see section 32-204 |
| Commercial | ||||||||||||
| Agricultural Support and Services | L | L | N | N | Y | Y | Y | Y | N | 1/250 sf. | 1.5/bay | see section 32-205 |
| Bed and Breakfast/Country Inn | L | L | L | N | Y | Y | N | N | N | 1/room plus 2 | none | see section 32-206 |
| Cattle Merchant Wholesalers | MajS | MajS | N | N | Y | Y | Y | Y | N | 1/250 sf. | 1.5/bay | see section 32-236 |
| Commercial Lodging | N | N | N | N | Y | Y | N | Y | N | see table 03.110B | 2/40,000 sf. | |
| Commercial Retail | N | N | N | N | Y | Y | L | L | N | see table 03.110B | see table 03.110C | see section 32-207 |
| Drive-in Facility | N | N | N | N | Y | Y | N | Y | N | see table 03.110B | 1/25,000 | |
| Heavy Retail and Service | N | N | N | N | MinS | N | L | L | N | see table 03.110B | 1.5 per bay | see section 32-208 |
| Hospitals | N | N | N | N | Y | Y | N | N | Y | 1/bed | 1/33,000 sf. | |
| Kennels | MinS | MinS | N | N | Y | Y | Y | Y | N | 1/333 sf. plus 1 per 3 stalls | 1/40 stalls | see section 32-209 |
| Light Automobile Service | N | N | N | N | Y | Y | Y | Y | N | see table 03.110B | 1/20,000 sf. | |
| Alcohol, Sales or With Restaurant | N | N | N | N | Y | L | Y | Y | N | 12/1,000 sf. of GFA | na | see section 32-210 |
| Office | N | N | N | N | Y | Y | Y | Y | Y | see table 03.110B | 1/33,000 sf. | |
| Restaurant | N | N | N | N | Y | Y | Y | Y | Y | 12/1,000 sf. of GFA | na | |
| Services | N | N | N | N | Y | Y | Y | Y | N | see table 03.110B | 1/33,000 sf. | |
| Shopping Center | N | N | N | N | Y | N | N | N | N | 1/200 sf. | 1/25,000 sf. | |
| Vehicular Sales, Rental and Service | N | N | N | N | L | N | N | N | N | 1/15 cars on lot | 2/30,000 sf. | see section 32-211 |
| Recreation and Amusement | ||||||||||||
| Campgrounds | MinS | MinS | N | N | N | N | N | N | N | 1 space per travel trailer and 3/50 at office | 1 | |
| Commercial Amusement, Indoor | N | N | N | N | Y | L | N | Y | N | see table 03.110B | 1 | see section 32-212 |
| Commercial Amusement, Outdoor | N | N | N | N | L | L | N | Y | N | see table 03.110B | none | see section 32-213 |
| Horse Shows | MinS | MinS | MinS | MinS | Y | Y | Y | Y | N | see section 32-235 | see table 03.110C | see section 32-235 |
| Indoor Recreation | L | L | L | L | Y | Y | N | N | N | see table 03.110B | 1 | see section 32-214 |
| Outdoor Recreation | L | L | L | L | Y | Y | N | N | N | see table 03.110B | 1 | see section 32-215 |
| Riding Stables/Riding Academy | L | L | L | L | Y | Y | Y | Y | N | see section 32-192 | see table 03.110C | see section 32-192 |
| Industrial Uses | ||||||||||||
| Convenience Centers | N | MajS | N | N | MinS | MinS | L | L | N | 1 per employee on largest shift | none | See section 32-237 |
| Disposal | MajS | MajS | N | N | N | N | MajS | MajS | N | 1/vehicle | 1/vehicle | see section 32-216 |
| Ethanol/Biodiesel Production Facility | N | N | N | N | N | N | N | L | N | see table 03.110B | see section 32-232 | |
| Extraction | N | N | N | N | N | N | MajS | MajS | N | 1/vehicle and accessory | 1/vehicle | see section 32-217 |
| Ground-Mounted Solar Power Energy System "Solar Farm" | N | N | N | N | N | N | MinS | L | N | see section 32-233 | ||
| Heavy Industry | N | N | N | N | N | N | N | Y | N | see table 03.110B | 1/15,000 sf. or 1.25/bay | |
| Light Industry | N | N | N | N | N | N | Y | Y | N | 1/500 and 1/vehicle | 1/20,000 sf. or 1/bay | |
| Recycling and/or Storage | MajS | MajS | N | N | N | N | N | Y | N | 2/1,000 sf. | 1.25/bay | see section 32-218 |
| Utilities, Community/Regional | MajS | MajS | N | N | N | N | MajS | MajS | N | 1/1,000 sf. | 1 vehicle | see section 32-219 |
| Warehousing | N | N | N | N | MinS | N | Y | Y | N | 1/2,000 sf. | 1.5/bay | see section 32-220 |
| Special Uses | ||||||||||||
| Adult Establishments | N | N | N | N | N | N | N | MajS | N | see section 03.353 | none | see section 03.353 |
| Designated Group Development | N | N | N | N | L | L | L | L | L | 1/200 sf. | 1/25,000 sf. | see section 32-329 |
| Electronic Gaming Operation | N | N | N | N | N | N | N | MajS | N | See section 32-234 | See section 32-234 | |
| General Aviation Airports | N | N | N | N | N | N | N | MajS | N | special study | special study | see section 32-221 |
| Private Landing Strips | N | MajS | N | N | N | N | N | MajS | N | none | none | see section 32-221(c) |
| Wireless Support Structures and/or Substantial Modification of Wireless Support Structures | MajS | MajS | MajS | MajS | MajS | MajS | MajS | MajS | MajS | see article IX | none | see article IX |
| Wireless Collocations and/or Eligible Facilities Requests | L | L | L | L | L | L | L | L | L | See article IX | none | See article IX |
| Temporary Uses | ||||||||||||
| Commercial Temporary Outdoor Sales | Y | Y | N | N | Y | Y | Y | Y | Y | site review | none | |
| Concrete/Asphalt Batch Plant | N | N | N | N | N | N | L | L | N | special study | 1/vehicle | see section 32-227 |
| Contractor's Office | MajS | MajS | N | N | L | L | L | L | N | 1/200 sf. | none | see section 32-228 |
| Dog Agility Competition | L | L | L | L | L | L | L | L | L | 1/3 attendee | none | See section 32-238 |
| Farmstand | Y | Y | N | N | Y | Y | Y | Y | N | 8 spaces | none | |
| Mobile Homes as Office and/or Exhibition | L | L | L | L | L | L | Y | Y | L | 1/vehicle | none | see section 32-229 |
| Hardship Mobile Home | MinS | MinS | MinS | MinS | N | N | N | N | N | 1/du | none | see section 32-230 |
| Public-Interest Event | L | L | L | L | L | L | L | L | L | 1/3 attendee | 1/vehicle | see section 32-231 |
| Special Event | L | L | L | L | L | L | L | L | L | 1/3 attendee | 1/vehicle | see section 32-232 |
| Temporary Miscellaneous Sales | L | L | L | L | L | L | L | L | L | 1/vehicle | none | see section 32-233 |
TABLE 03.110B
OFF-STREET PARKING STANDARDS FOR SPECIFIC USES
| Parking Spaces Required | ||
| Uses | Per 1,000 sf. of Floor Area | Other Standard |
| Agricultural | ||
| Commercial Stables | — | 1 per 4 stalls plus 1 per 2,000 sf. riding area |
| Home Uses | ||
| Home Occupations and Cottage Industries | — | 1.0 space per employee |
| Institutional | ||
| Auditorium, Public | — | 1 per 3 seats |
| Child Care Center | — | 1 per each 7 children and 1 per employee |
| Church | — | 1 per 3 seats |
| Clubs and Associations (no food service) | 8.0 | — |
| Fire Station | — | 4 per vehicle bay |
| Library or Museum | 3.5 | plus bus spaces, calculate auditorium separately at 0.75 rate |
| Nursing Homes | — | 0.33 per room |
| Schools: Elementary and Junior High | — | 2 per classroom |
| Schools: Senior High | — | 0.25 per individual |
| Trade School | — | 1.0 per student |
| Institutional, Residential, Monasteries and Convents | — | 1 per bedroom |
| Rooming and Boarding Houses | — | 1.5 per lodger |
| Police Station | 4.0 | — |
| Post Office | — | 6 per 1,000 sf. service area and 1 per vehicle |
| Commercial Uses: Office | ||
| General | 4.0 | — |
| Government Offices | 4.0 | — |
| Medical | 4.5 | — |
| Bank/Financial | 4.5 | — |
| Commercial Uses: Commercial Retail | ||
| General | 4.0 | — |
| Shopping Center | 4.5 | — |
| Retail, Freestanding | 4.0 | — |
| Furniture and Carpet Stores | 2.5 | — |
| Hardware, Paint and Home Improvement | 4.0 | — |
| Commercial Uses: Light Auto Service | ||
| General | 1.5 | or 4 per bay, whichever is greater |
| Car Washes (single car, automatic bay) | 2.0 | plus 6 stacking spaces per bay and 1 drying |
| Car Washes (multiple car, automatic bay) | 4.0 | plus 12 stacking spaces per bay and 2 drying |
| Car Wash (self-wash bay) | — | 3 per bay |
| Gas Station | — | 1 per pump station |
| Commercial Uses: Services | ||
| Barbershops | 4.0 | — |
| Beauty Shop | 5.0 | — |
| Commercial Laundry and Dry Cleaner | 3.0 | — |
| Funeral Homes | 6.0 | — |
| Laundromat | — | 0.8 space per washer/dryer |
| Restaurants | 12.0 | — |
| All Others | 2.5 | plus 1 per employee and 1 for each company vehicle |
| Commercial Uses: Drive-in Facility | ||
| Restaurants with Drive-in Window(s) | 14.0 | plus 5 stacking spaces per window |
| Banking Facilities with Drive-in Window(s) | 4.5 | plus 5 stacking spaces per window |
| Other with Drive-in Window(s) | 5.0 | plus 3 stacking spaces per window |
| Commercial Uses: Commercial Lodging | ||
| Hotels/Motels | — | 1 per guest room |
| Bed and Breakfast | — | 1 per room including management spaces |
| Commercial Uses: Heavy Retail/Service | ||
| General | 4.0 | — |
| Building Materials | 2.0 | — |
| Vehicle Repair/Service | 1.0 | 5 per bay |
| Recreation Uses: Outdoor Recreational | ||
| Camps, Day or Youth | — | 1 per employee, plus bus |
| Golf Course | — | 3 per hole |
| Golf Driving Range or Rifle Range | — | 1.25 per station |
| Parks, Playground | — | 1 per 4,000 sf. of area |
| Swimming Pool | — | 1 per 400 sf. pool surface area |
| Tennis Courts | — | 3 per court |
| Athletic Fields | — | 1 per 4 feet of bleacher area or 30 per field, whichever is greater |
| All Other Active | — | 1 per 10,000 sf. |
| All Other Passive | — | 1 per acre; areas more than 50 acres: 1 per 3 acres over 50 |
| Recreation Uses: Indoor Recreational | ||
| Swimming Pool | — | 2 per 200 sf. pool, plus 1 per employee |
| Tennis/Racquetball/Handball | 1.0 | — |
| Community Center | 4.0 | — |
| All Others | 4.5 | — |
| Outdoor Commercial Amusement | ||
| General | — | 1 per 3 seats or 1.25 per play station, whichever is greater |
| Campgrounds | — | 1 per space, plus 3 per 50 spaces at office |
| Outdoor Arenas | — | 1 per 3 seats or per 6 ft. of bench length |
| Indoor Commercial Amusement | ||
| General | 6.0 | — |
| Amusement Parks | — | special study |
| Bowling Alley/Pool Rooms | — | 5 per lane, 2 per pool/billiard table |
| Indoor Arenas | — | 1 per 3 seats, or 1 per 30 sf. of floor area used for seating, or 1 per 6 ft. of bench length, whichever is appropriate |
| Skating Rinks | — | 1 per 100 ft. surface |
| Theaters/Assembly Rooms | — | 1 per 3 seats |
| Industrial Uses | ||
| Warehousing, Storage Establishment, Wholesaling, Manufacturing or Light Industrial | — | 5 space minimum plus 0.5 per 1,000 sf. of GFA |
| Heavy Industry | 2.5 | plus 1 per vehicle |
| Trucking (no loading or warehousing) | 3.0 | plus 1 per vehicle operated from site |
| Junkyard | — | 1 per 2,000 sf. storage plus 1 per vehicle |
TABLE 03.110C
OFF-STREET LOADING STANDARDS FOR SPECIFIC USES
| Loading Spaces Required | ||
| Uses | per 1,000 sf. of Floor Area | Other Standard |
| Commercial Uses: Retail Uses | ||
| Paint, Glass, Wallpaper, Hardware | — | 1 per 25,000 |
| General Merchandise | — | 1 per 25,000 |
| Food | — | 1 per 15,000 |
| Apparel and Accessory | — | 1 per 25,000 |
| Home Furnishings | — | 1 per 25,000 |
| Consumer Electronics | — | 1 per 15,000 |
| Miscellaneous Retail: | ||
| Art | — | 1 per 25,000 |
| Gifts | — | 1 per 25,000 |
| Sporting Goods | — | 1 per 25,000 |
| Drug | — | 1 per 25,000 |
| Liquor | — | 1 per 5,000 |
| Books | — | 1 per 25,000 |
| Toys | — | 1 per 25,000 |
| Camera | — | none |
| Garden Center | — | 1 per 25,000 |
| Video Rental | — | none |
| Movie Theater | — | none |
(Ord. of 7-12-1999, § 03.110; Ord. of 2-4-2000, § 1; Ord. of 8-21-2000, § 4; Ord. of 8-4-2003; Amend. (1) of 8-4-2003; Amend. (2) of 7-10-2006, § 1; Amend. of 8-3-2009, §§ 4, 12; Amend. of 6-7-2010, § 2; Amend. of 4-4-2011, § 10; Amend. of 4-4-2011, § 2; Amend. of 9-6-2011, § 2; Amend. of 11-7-2011, § 1; Amend. of 6-16-2014, § 2; Amend. of 1-5-2015(1), § 1; Amend. of 7-6-2015(1), § 1; Amend. of 9-6-2016(1), § 1; Ord. of 6-4-2018(1), § 1; Amd. of 11-18-2019(1), §§ 1, 2; Amend. of 4-19-2021(2), § 1)
The following uses shall be strictly prohibited in all districts, except as noted below:
Animal slaughtering and processing (NAICS 31161).
Basic chemical manufacturing (NAICS 3251). (Not including accessory residential ethanol/biodiesel fuel production for private use in section 32-162 or ethanol/biodiesel production facility).
Electric power generation (NAICS 22111), excluding natural gas fuel power generation, solar energy systems, and wind energy facilities (NAICS 221119) as addressed in separate sections of this chapter.
Leather tanning (NAICS 3161).
Pulp and paper mills (NAICS 3221).
Petroleum manufacturing (NAICS 324).
Primary metal manufacturing (NAICS 331).
All mining (NAICS 21) except nonmetallic mining and quarrying (NAICS 2123).
(1)
Small-scale facilities shall be permitted as permitted uses in both I-1 and I-2 districts provided that:
a.
All processing and storage is contained inside the building.
b.
The building is less than 10,000 square feet in area.
c.
All shipping of raw and finished products is by parcel delivery services.
d.
Air filtration shall be installed as required to ensure that no odor is noticeable beyond the property boundaries.
e.
All activities that produce regular loud noises shall be located within the building, and noise levels on the building exterior shall not exceed 55 DNL.
(2)
Modest-scale facilities occupying less than 30,000 square feet that meet the following performance standards may be permitted uses in the I-1 and I-2 districts:
a.
All sewage and industrial wastes shall be treated and disposed of in such a manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the state environmental management commission. Approval of all plans for waste disposal facilities by the state environmental management commission shall be required before the issuance of any building permit.
b.
Air filtration shall be installed as required to ensure that no odor is noticeable beyond the property boundaries.
c.
All activities that produce regular loud noises shall be located within the building and noise levels on the building exterior shall not exceed 55 DNL.
d.
All processing shall be conducted in the building interior.
(Ord. of 7-12-1999, § 03.120; Ord. of 11-5-2001, § 2; Amend. of 11-17-2008, § 1; Amend. of 8-3-2009, §§ 5, 7)
TABLE 03.110D
TABLE OF PERMITTED LAND USES—AGRICULTURAL SUPPORT ENTERPRISES
CONDITIONAL ZONING DISTRICT (ASE-CZ)
| Use | ASE-CZ | Other Standards |
|---|---|---|
| Agricultural processing facility | Y | Setbacks are 75 feet (street, side and rear). |
| Agricultural processing facility, community | Y | Setbacks are 75 feet (street, side and rear). Building cannot exceed 10,000 square feet. |
| Agricultural signs | Y | Advertising agricultural products produced on the premises. 32 square feet maximum. Five-foot setback from street right-of-way. Sign shall be nonilluminated. |
| Agricultural support services | Y | |
| Bed and breakfast establishments/country inns | Y | The use must meet the standards in section 32-206. Approval by the board of commissioners for this land use replaces the discretionary approval that section 32-206 places with the land development administrator. This land use is defined in section 32-1306. |
| Boarding stables | Y | Setbacks shall be 50 feet street, 20 feet side and 20 feet rear for buildings and riding rings. |
| Breweries and wineries | Y | 2.5 off-street parking spaces per 1,000 square feet of floor space + 1 space for work vehicle. Maximum square footage of building is 4,000 square feet. Setbacks shall be 50 feet street, 20 feet side and 20 feet rear. |
| Cattle merchant wholesalers | Y | Comply with subsections 32-236(3), (4) and (5). |
| Children's recreational camp with accommodation facilities (NAICS 721214) | Y | Children's recreational camp with accommodation facilities may have multiple principal and accessory buildings without the need to subdivide and/or divide land. All sanitary systems shall meet all applicable law. Zoning setbacks from all property lines and right-of-way lines for all buildings and athletic fields shall be a minimum of 100 feet. Lighting for athletic fields shall meet the glare standard in section 32-386. Accommodation facilities and accessory structures housing any accessory athletic research use must be located a minimum of 100 feet from all property lines and right-of-way lines and must comply with the buffer standards in section 32-264 if adjacent to residential zoned property. The land use shall be allowed one on-site identification sign per driveway access. The maximum sign area shall be 64 square feet and the maximum height shall be eight feet. Each sign shall meet the construction standards in section 32-231. This land use may have accessory uses and structures which fall under Sports and Recreation Instruction (NAICS 611620). Prior to a public hearing being scheduled, the applicant or owner must have certification that the property has sufficient drinking potable water and waste water treatment adequate to meet all usage requirements of the proposed activity in all phases. |
| Cold storage facility | Y | Setbacks are 75 feet (street, side and rear). |
| Community farmers' market | Y | Setbacks are 75 feet (street, side and rear) for buildings and vendor areas. |
| Event center | Y | The maximum building size in which the land use is located shall be 5,000 square feet. The minimum building setback shall be 100 feet. Off-street parking shall use gravel or pervious materials unless otherwise required by applicable building code (i.e., handicapped parking). Compliance with buffer standards of 32-264 shall be required. Minimum lot size shall be 20 acres. No more than one event center shall be allowed per parcel. An event center can include as an accessory use located on the same parcel not more than two cabins or houses originally or newly built in the style of single-family dwellings which may accommodate not more than ten total overnight guests on the property. Newly built cabins or single-family-style houses shall not exceed 1,500 square feet. Other accessory buildings associated with the event center shall not exceed 1,000 square feet. On-street parking shall not be allowed. |
| Freestanding on-site identification sign | Y | Gross face area of sign shall not exceed 200 square feet. Maximum height shall be 20 feet. One sign permitted per site. Sign may identify multiple tenants. Sign shall not be an electronic message board. The light for any illuminated sign shall be shaded, shielded or directed so as not to cause glare on surrounding properties or in public streets. No direct or reflected light from a light source for an illuminated sign shall create a traffic hazard for operation of motor vehicles. Illuminated signs shall be wired with ground fault interrupters (GFIs) controlling their electric supply. |
| Garden center with on-premises sales | Y | |
| Guest ranch | Y | Minimum lot size is 20 acres. |
| Ground-mounted solar power energy system "solar farm" (NAICS 221119) | Y |
A 25' existing or planted vegetative buffer shall be required around the entire solar
farm that meets the buffer standards in section 32-264. Any plantings of bushes, shrubs, and/or trees in two rows of coverage as set out
in section 32-264 shall reach a height at maturity of at least 10 feet and shall reach maturity in
a reasonable amount of time. In addition, the setback from all residential zones shall
be 100 feet inclusive of the buffer and the setback from all non-residential zones
shall be 50 feet inclusive of the buffer. The maximum height of the structures shall
be 15'. A fence shall be required around the perimeter of the entire solar farm which
fence shall be at least ten feet in height. The fence shall be a chain link fence
with dark green slats intended to blend into the natural environment and which are
intended to screen direct viewing of the solar farm through the fence. Other fencing
materials may be approved during the rezoning process that provide at least as much
screening and safety as the chain link fence with slats. Additional development standards
include:
(1) A preparation site that is adequate to handle the parking of employees, contractors, site equipment and shipping and receiving operations that is located in the solar farm site and off the public road and public road right-of-way; (2) Adequate road preparation that will allow two way traffic in and out of the property and to the job site that is properly graveled to prevent the tracking of mud and debris out of the site onto the public road (3) An adequate entrance way to the site that is wide enough to handle tractor trailer traffic and does not impede the flow of water in the state right-of-way drainage system. The entrance way should be adequately marked to ensure safe entry by all traffic to and from the site; (4) A requirement that no night time site work take place unless proper lighting is provided for the safety of the workers in accordance with all state and federal laws, rules, and regulations; (5) No unloading or loading of equipment in the public road or public road right-of-way that will be used in the site preparation or solar unit construction; (6) Following a continuous period of six months in which no electricity is generated, the owner of the solar farm, or in the solar farm owner's absence, the owner of the real property upon which it is located, shall decommission the solar farm by removing within six months all solar panels, buildings, cabling, electrical components, and any other improvements and must return the property to a natural state with plantings approved by the planning director. Prior to the insurance of a zoning compliance certificate, the county must receive a performance guarantee in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as determined by a North Carolina licensed engineer. The performance guaranty must be satisfactory to the county manager and may include a performance bond, irrevocable letter of credit, cash deposit or other surety approved by the county manager; and (7) The solar farm shall not allow the site to be overgrown with grass or other vegetation. |
| Home business | Y | Home business must be located within the dwelling. Only two persons other than occupants of the dwelling shall be engaged in home business. No more than 50 percent of the total actual floor area of the dwelling or 800 square feet, whichever is less, shall be used in the conduct of the home business. No retail sales shall be permitted. No outdoor sales or outdoor storage shall be permitted in connection with the home business. |
| Horse shows | Y | Comply with subsections 32-235(3) and (4). |
| Kennels | Y | The minimum site area for kennels is five acres. All outdoor facilities such as play areas, cages, kennels, or pens shall be a minimum of 100 feet from any residentially zoned property line. A separate six-foot perimeter fence is required if any animals have access to an outdoor enclosure, including unsupervised exercise areas. All operations, including the provision of waste disposal and the removal of carcasses, shall comply with all federal, state, and local requirements. |
| Minor or major subdivision | Y | Subdivision of land must comply with subdivision regulations found in the Land Development Code. Minimum lot size for a conventional subdivided lot is 44,000 square feet and for a cluster subdivided lot is found in section 32-263 and section 32-602(b). Minimum setbacks for conventional subdivided lots are 50 feet street, 15 feet side, and 25 feet rear. Setbacks for cluster subdivided lots are found in section 32-263. |
| Outdoor recreation including public areas (open to community residents) for active recreational activities, including but not limited to jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools and tennis courts (NAICS 7113) | Y | All buildings and recreational courts, fields, pools shall be setback 50 feet from all exterior property lines. |
| Rental cabins | Y | Rental cabins must be located on a separate lot and must meet setbacks for either a conventional subdivided lot for the AR-40 zoning district and/or cluster subdivided lot as described in section 32-263. Rental cabins located on same parcel as an event center must meet the standards listed for the event center in this section. |
| Residential entrance and exit sign | Y | Identifying the name of the development. Number of signs limited to two signs for each means of access to the development. Maximum height six feet. Maximum square footage is 150 square feet. Five-foot setback from street right-of-way. |
| Restaurants | Y | 12 off-street parking spaces per 1,000 square feet of floor space. Setbacks shall be 50 feet street, 20 feet side and 20 feet rear. |
| Riding stables/riding academy (NAICS 713990) | Y |
(1) All outdoor riding ring or arena shall be setback 50 feet street, 20 feet side
and 20 feet rear.
(2) Parking lot does not have to be paved. (3) One space per driving student plus one space per employee, instructor, or other person working for or on behalf of the riding stable/riding academy. (4) Lighting shall not exceed 50 foot-candles at any point on the lot and shall not be greater than one foot-candle at any residential property line. Lighting shall be reduced to 75 percent of the allowable foot-candle limit at any point after instruction or riding is finished for the day. (5) A subdivision of land shall not be required if a building or buildings for this land use will be located on the same tract of land that a single-family dwelling is located on. |
| Single-family detached | Y | Dwelling may exist on the same lot as another permitted use or be located on a separate lot. A dwelling located on a separate lot shall comply with the lot size and setback requirements for either a conventional subdivided lot for the AR-40 zoning district and/or cluster subdivided lot as described in section 32-263. A dwelling on the same lot as another permitted use shall meet the residential use setbacks found in table 04.100B for the AR-40 zoning district. |
| Special event (as defined in section 32-1310) | Y | Use must meet the standards in section 32-227. However, property in this zoning district may have 6 special events per year if approved during the rezoning process |
| Stockyard/livestock market | Y | Comply with subsections 32-236(3), (4) and (5). Minimum of 10 acres. |
| Subdivision water and/or sewer treatment facility | Y | A subdivision water and/or sewer treatment facility may only service the subdivision in which the facility is located in. |
| Wall-mounted sign | Y | Positioned flat against the wall of the building, but may not be painted on the wall. Fronting the principal street, a parking area, or in the case of a corner building, the side street as well. Up to two square feet per linear foot of building frontage along the main entrance wall. May not be suspended from a canopy if the bottom of the suspended sign is at least nine feet above grade level. Signs shall not project above the roof line or parapet line, whichever is greater. |
(Ord. of 1-5-2015(2), § 3; Amend. of 9-8-2015(1), § 1; Amend. of 12-7-2015(1), § 1; Amend. of 3-21-2016(1), § 1; Amend. of 6-6-2016(1), § 1; Amend. of 8-7-2017(1), § 1; Amd. of 11-18-2019(1), § 3)
USE REGULATIONS
All land uses or structures shall be permitted in districts only as indicated in this division. No use prohibited in a district shall be permitted under any circumstances. The following symbols are used in table 03.110:
(1)
Y indicates a permitted use, where the use is permitted as a matter of right subject to all performance standards.
(2)
N indicates a prohibited use.
(3)
L indicates a use permitted subject to limited review. The limited review determines whether the locational, design, or other criteria of section 32-191 of this article have been met for the proposed site. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Limited review shall be processed by the land development administrator.
(4)
C indicates a use permitted only if a minor special use is approved per section 32-1083. The use must conform to the locational, design or other conditions of section 32-191. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Minor special uses shall be processed by the board of adjustment.
(5)
MajS indicates a use permitted only if a major special use is approved per section 32-1082. The use must conform to the locational, design or other conditions of section 32-191. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built. Special uses shall be processed by the board of commissioners.
(Ord. of 7-12-1999, § 03.100; Amend. of 4-19-2021(2), § 1)
According to land use, table 03.110A lists the type of permission in each district, parking requirements, loading bay requirements, and permitted sign types. Table 03.110B lists the specific parking requirements and table 03.110C lists specific loading requirements for several specific uses listed in table 03.110A. Limited, minor and major special use standards are contained in the tables and section 32-191 of this article. Should a use not be identified in table 03.110 or article XIX, refer to section 32-1138. See article IV for district, lot, bulk and other standards.
TABLE 03.110A
GENERAL USE TABLE
| Permitted Land Use | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Land Use | AR-80 | AR-40 | R-25 | MHPD | HB | NB | I-1 | I-2 | O/I | Parking | Loading | Other |
| Agricultural | ||||||||||||
| Boarding Stables | Y | Y | Y | Y | N | N | N | N | N | |||
| Bona Fide Farms | Y | Y | Y | Y | Y | Y | Y | Y | Y | na. | na. | |
| Farmsteads | Y | Y | Y | N | N | N | N | N | N | 3/du. | none | |
| Residential | ||||||||||||
| Single-Family Detached | Y | Y | Y | Y | N | N | N | N | N | 3/du. | none | |
| Manufactured Home | L | L | L | L | N | N | N | N | N | 2/du. | none | see section 32-194 |
| Planned Unit Development | MajS | MajS | MajS | MajS | N | N | N | N | N | 2.25/du. | none | see section 32-195 |
| Manufactured Home Park | N | N | N | L | N | N | N | N | N | 2.25/du. | none | see section 32-196 |
| Group Home | Y | Y | Y | Y | N | N | N | N | N | 3.0/du. | none | |
| Home Uses | ||||||||||||
| Cottage Industry | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-197 |
| Family Child Care Home | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-199 |
| Home Businesses | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-198 |
| Home Occupation | L | L | L | L | N | N | N | N | N | see table 03.110B | none | see section 32-200 |
| Institutional | ||||||||||||
| Assembly and Worship | Y | Y | Y | Y | Y | N | N | N | Y | 1/3 seats | 1/40,000 sf. | |
| Child Care Centers | Y | Y | Y | Y | Y | Y | N | N | Y | see table 03.110B | 1/60,000 sf. | |
| College | L | L | L | N | Y | L | N | N | Y | 1/2 students | 1/40,000 sf. | |
| Institutional | Y | Y | Y | Y | Y | Y | N | N | Y | see table 03.110B | 1/60,000 sf. | |
| Institutional, Residential | L | L | L | L | Y | Y | N | Y | L | see table 03.110B | 1/25,000 sf. | see section 32-201 |
| Protective Care | MajS | MajS | N | N | MajS | N | Y | N | L | 1/2 rooms | 2 sf. | see section 32-202 |
| Public Service | L | L | L | Y | Y | Y | Y | Y | L | 1/employee and 1 stored vehicle | 1 per loading bay | see section 32-203 |
| Utilities, Local | L | L | L | Y | L | Y | Y | Y | L | 1/1,000 sf. | 1/2,000 sf. | see section 32-204 |
| Commercial | ||||||||||||
| Agricultural Support and Services | L | L | N | N | Y | Y | Y | Y | N | 1/250 sf. | 1.5/bay | see section 32-205 |
| Bed and Breakfast/Country Inn | L | L | L | N | Y | Y | N | N | N | 1/room plus 2 | none | see section 32-206 |
| Cattle Merchant Wholesalers | MajS | MajS | N | N | Y | Y | Y | Y | N | 1/250 sf. | 1.5/bay | see section 32-236 |
| Commercial Lodging | N | N | N | N | Y | Y | N | Y | N | see table 03.110B | 2/40,000 sf. | |
| Commercial Retail | N | N | N | N | Y | Y | L | L | N | see table 03.110B | see table 03.110C | see section 32-207 |
| Drive-in Facility | N | N | N | N | Y | Y | N | Y | N | see table 03.110B | 1/25,000 | |
| Heavy Retail and Service | N | N | N | N | MinS | N | L | L | N | see table 03.110B | 1.5 per bay | see section 32-208 |
| Hospitals | N | N | N | N | Y | Y | N | N | Y | 1/bed | 1/33,000 sf. | |
| Kennels | MinS | MinS | N | N | Y | Y | Y | Y | N | 1/333 sf. plus 1 per 3 stalls | 1/40 stalls | see section 32-209 |
| Light Automobile Service | N | N | N | N | Y | Y | Y | Y | N | see table 03.110B | 1/20,000 sf. | |
| Alcohol, Sales or With Restaurant | N | N | N | N | Y | L | Y | Y | N | 12/1,000 sf. of GFA | na | see section 32-210 |
| Office | N | N | N | N | Y | Y | Y | Y | Y | see table 03.110B | 1/33,000 sf. | |
| Restaurant | N | N | N | N | Y | Y | Y | Y | Y | 12/1,000 sf. of GFA | na | |
| Services | N | N | N | N | Y | Y | Y | Y | N | see table 03.110B | 1/33,000 sf. | |
| Shopping Center | N | N | N | N | Y | N | N | N | N | 1/200 sf. | 1/25,000 sf. | |
| Vehicular Sales, Rental and Service | N | N | N | N | L | N | N | N | N | 1/15 cars on lot | 2/30,000 sf. | see section 32-211 |
| Recreation and Amusement | ||||||||||||
| Campgrounds | MinS | MinS | N | N | N | N | N | N | N | 1 space per travel trailer and 3/50 at office | 1 | |
| Commercial Amusement, Indoor | N | N | N | N | Y | L | N | Y | N | see table 03.110B | 1 | see section 32-212 |
| Commercial Amusement, Outdoor | N | N | N | N | L | L | N | Y | N | see table 03.110B | none | see section 32-213 |
| Horse Shows | MinS | MinS | MinS | MinS | Y | Y | Y | Y | N | see section 32-235 | see table 03.110C | see section 32-235 |
| Indoor Recreation | L | L | L | L | Y | Y | N | N | N | see table 03.110B | 1 | see section 32-214 |
| Outdoor Recreation | L | L | L | L | Y | Y | N | N | N | see table 03.110B | 1 | see section 32-215 |
| Riding Stables/Riding Academy | L | L | L | L | Y | Y | Y | Y | N | see section 32-192 | see table 03.110C | see section 32-192 |
| Industrial Uses | ||||||||||||
| Convenience Centers | N | MajS | N | N | MinS | MinS | L | L | N | 1 per employee on largest shift | none | See section 32-237 |
| Disposal | MajS | MajS | N | N | N | N | MajS | MajS | N | 1/vehicle | 1/vehicle | see section 32-216 |
| Ethanol/Biodiesel Production Facility | N | N | N | N | N | N | N | L | N | see table 03.110B | see section 32-232 | |
| Extraction | N | N | N | N | N | N | MajS | MajS | N | 1/vehicle and accessory | 1/vehicle | see section 32-217 |
| Ground-Mounted Solar Power Energy System "Solar Farm" | N | N | N | N | N | N | MinS | L | N | see section 32-233 | ||
| Heavy Industry | N | N | N | N | N | N | N | Y | N | see table 03.110B | 1/15,000 sf. or 1.25/bay | |
| Light Industry | N | N | N | N | N | N | Y | Y | N | 1/500 and 1/vehicle | 1/20,000 sf. or 1/bay | |
| Recycling and/or Storage | MajS | MajS | N | N | N | N | N | Y | N | 2/1,000 sf. | 1.25/bay | see section 32-218 |
| Utilities, Community/Regional | MajS | MajS | N | N | N | N | MajS | MajS | N | 1/1,000 sf. | 1 vehicle | see section 32-219 |
| Warehousing | N | N | N | N | MinS | N | Y | Y | N | 1/2,000 sf. | 1.5/bay | see section 32-220 |
| Special Uses | ||||||||||||
| Adult Establishments | N | N | N | N | N | N | N | MajS | N | see section 03.353 | none | see section 03.353 |
| Designated Group Development | N | N | N | N | L | L | L | L | L | 1/200 sf. | 1/25,000 sf. | see section 32-329 |
| Electronic Gaming Operation | N | N | N | N | N | N | N | MajS | N | See section 32-234 | See section 32-234 | |
| General Aviation Airports | N | N | N | N | N | N | N | MajS | N | special study | special study | see section 32-221 |
| Private Landing Strips | N | MajS | N | N | N | N | N | MajS | N | none | none | see section 32-221(c) |
| Wireless Support Structures and/or Substantial Modification of Wireless Support Structures | MajS | MajS | MajS | MajS | MajS | MajS | MajS | MajS | MajS | see article IX | none | see article IX |
| Wireless Collocations and/or Eligible Facilities Requests | L | L | L | L | L | L | L | L | L | See article IX | none | See article IX |
| Temporary Uses | ||||||||||||
| Commercial Temporary Outdoor Sales | Y | Y | N | N | Y | Y | Y | Y | Y | site review | none | |
| Concrete/Asphalt Batch Plant | N | N | N | N | N | N | L | L | N | special study | 1/vehicle | see section 32-227 |
| Contractor's Office | MajS | MajS | N | N | L | L | L | L | N | 1/200 sf. | none | see section 32-228 |
| Dog Agility Competition | L | L | L | L | L | L | L | L | L | 1/3 attendee | none | See section 32-238 |
| Farmstand | Y | Y | N | N | Y | Y | Y | Y | N | 8 spaces | none | |
| Mobile Homes as Office and/or Exhibition | L | L | L | L | L | L | Y | Y | L | 1/vehicle | none | see section 32-229 |
| Hardship Mobile Home | MinS | MinS | MinS | MinS | N | N | N | N | N | 1/du | none | see section 32-230 |
| Public-Interest Event | L | L | L | L | L | L | L | L | L | 1/3 attendee | 1/vehicle | see section 32-231 |
| Special Event | L | L | L | L | L | L | L | L | L | 1/3 attendee | 1/vehicle | see section 32-232 |
| Temporary Miscellaneous Sales | L | L | L | L | L | L | L | L | L | 1/vehicle | none | see section 32-233 |
TABLE 03.110B
OFF-STREET PARKING STANDARDS FOR SPECIFIC USES
| Parking Spaces Required | ||
| Uses | Per 1,000 sf. of Floor Area | Other Standard |
| Agricultural | ||
| Commercial Stables | — | 1 per 4 stalls plus 1 per 2,000 sf. riding area |
| Home Uses | ||
| Home Occupations and Cottage Industries | — | 1.0 space per employee |
| Institutional | ||
| Auditorium, Public | — | 1 per 3 seats |
| Child Care Center | — | 1 per each 7 children and 1 per employee |
| Church | — | 1 per 3 seats |
| Clubs and Associations (no food service) | 8.0 | — |
| Fire Station | — | 4 per vehicle bay |
| Library or Museum | 3.5 | plus bus spaces, calculate auditorium separately at 0.75 rate |
| Nursing Homes | — | 0.33 per room |
| Schools: Elementary and Junior High | — | 2 per classroom |
| Schools: Senior High | — | 0.25 per individual |
| Trade School | — | 1.0 per student |
| Institutional, Residential, Monasteries and Convents | — | 1 per bedroom |
| Rooming and Boarding Houses | — | 1.5 per lodger |
| Police Station | 4.0 | — |
| Post Office | — | 6 per 1,000 sf. service area and 1 per vehicle |
| Commercial Uses: Office | ||
| General | 4.0 | — |
| Government Offices | 4.0 | — |
| Medical | 4.5 | — |
| Bank/Financial | 4.5 | — |
| Commercial Uses: Commercial Retail | ||
| General | 4.0 | — |
| Shopping Center | 4.5 | — |
| Retail, Freestanding | 4.0 | — |
| Furniture and Carpet Stores | 2.5 | — |
| Hardware, Paint and Home Improvement | 4.0 | — |
| Commercial Uses: Light Auto Service | ||
| General | 1.5 | or 4 per bay, whichever is greater |
| Car Washes (single car, automatic bay) | 2.0 | plus 6 stacking spaces per bay and 1 drying |
| Car Washes (multiple car, automatic bay) | 4.0 | plus 12 stacking spaces per bay and 2 drying |
| Car Wash (self-wash bay) | — | 3 per bay |
| Gas Station | — | 1 per pump station |
| Commercial Uses: Services | ||
| Barbershops | 4.0 | — |
| Beauty Shop | 5.0 | — |
| Commercial Laundry and Dry Cleaner | 3.0 | — |
| Funeral Homes | 6.0 | — |
| Laundromat | — | 0.8 space per washer/dryer |
| Restaurants | 12.0 | — |
| All Others | 2.5 | plus 1 per employee and 1 for each company vehicle |
| Commercial Uses: Drive-in Facility | ||
| Restaurants with Drive-in Window(s) | 14.0 | plus 5 stacking spaces per window |
| Banking Facilities with Drive-in Window(s) | 4.5 | plus 5 stacking spaces per window |
| Other with Drive-in Window(s) | 5.0 | plus 3 stacking spaces per window |
| Commercial Uses: Commercial Lodging | ||
| Hotels/Motels | — | 1 per guest room |
| Bed and Breakfast | — | 1 per room including management spaces |
| Commercial Uses: Heavy Retail/Service | ||
| General | 4.0 | — |
| Building Materials | 2.0 | — |
| Vehicle Repair/Service | 1.0 | 5 per bay |
| Recreation Uses: Outdoor Recreational | ||
| Camps, Day or Youth | — | 1 per employee, plus bus |
| Golf Course | — | 3 per hole |
| Golf Driving Range or Rifle Range | — | 1.25 per station |
| Parks, Playground | — | 1 per 4,000 sf. of area |
| Swimming Pool | — | 1 per 400 sf. pool surface area |
| Tennis Courts | — | 3 per court |
| Athletic Fields | — | 1 per 4 feet of bleacher area or 30 per field, whichever is greater |
| All Other Active | — | 1 per 10,000 sf. |
| All Other Passive | — | 1 per acre; areas more than 50 acres: 1 per 3 acres over 50 |
| Recreation Uses: Indoor Recreational | ||
| Swimming Pool | — | 2 per 200 sf. pool, plus 1 per employee |
| Tennis/Racquetball/Handball | 1.0 | — |
| Community Center | 4.0 | — |
| All Others | 4.5 | — |
| Outdoor Commercial Amusement | ||
| General | — | 1 per 3 seats or 1.25 per play station, whichever is greater |
| Campgrounds | — | 1 per space, plus 3 per 50 spaces at office |
| Outdoor Arenas | — | 1 per 3 seats or per 6 ft. of bench length |
| Indoor Commercial Amusement | ||
| General | 6.0 | — |
| Amusement Parks | — | special study |
| Bowling Alley/Pool Rooms | — | 5 per lane, 2 per pool/billiard table |
| Indoor Arenas | — | 1 per 3 seats, or 1 per 30 sf. of floor area used for seating, or 1 per 6 ft. of bench length, whichever is appropriate |
| Skating Rinks | — | 1 per 100 ft. surface |
| Theaters/Assembly Rooms | — | 1 per 3 seats |
| Industrial Uses | ||
| Warehousing, Storage Establishment, Wholesaling, Manufacturing or Light Industrial | — | 5 space minimum plus 0.5 per 1,000 sf. of GFA |
| Heavy Industry | 2.5 | plus 1 per vehicle |
| Trucking (no loading or warehousing) | 3.0 | plus 1 per vehicle operated from site |
| Junkyard | — | 1 per 2,000 sf. storage plus 1 per vehicle |
TABLE 03.110C
OFF-STREET LOADING STANDARDS FOR SPECIFIC USES
| Loading Spaces Required | ||
| Uses | per 1,000 sf. of Floor Area | Other Standard |
| Commercial Uses: Retail Uses | ||
| Paint, Glass, Wallpaper, Hardware | — | 1 per 25,000 |
| General Merchandise | — | 1 per 25,000 |
| Food | — | 1 per 15,000 |
| Apparel and Accessory | — | 1 per 25,000 |
| Home Furnishings | — | 1 per 25,000 |
| Consumer Electronics | — | 1 per 15,000 |
| Miscellaneous Retail: | ||
| Art | — | 1 per 25,000 |
| Gifts | — | 1 per 25,000 |
| Sporting Goods | — | 1 per 25,000 |
| Drug | — | 1 per 25,000 |
| Liquor | — | 1 per 5,000 |
| Books | — | 1 per 25,000 |
| Toys | — | 1 per 25,000 |
| Camera | — | none |
| Garden Center | — | 1 per 25,000 |
| Video Rental | — | none |
| Movie Theater | — | none |
(Ord. of 7-12-1999, § 03.110; Ord. of 2-4-2000, § 1; Ord. of 8-21-2000, § 4; Ord. of 8-4-2003; Amend. (1) of 8-4-2003; Amend. (2) of 7-10-2006, § 1; Amend. of 8-3-2009, §§ 4, 12; Amend. of 6-7-2010, § 2; Amend. of 4-4-2011, § 10; Amend. of 4-4-2011, § 2; Amend. of 9-6-2011, § 2; Amend. of 11-7-2011, § 1; Amend. of 6-16-2014, § 2; Amend. of 1-5-2015(1), § 1; Amend. of 7-6-2015(1), § 1; Amend. of 9-6-2016(1), § 1; Ord. of 6-4-2018(1), § 1; Amd. of 11-18-2019(1), §§ 1, 2; Amend. of 4-19-2021(2), § 1)
The following uses shall be strictly prohibited in all districts, except as noted below:
Animal slaughtering and processing (NAICS 31161).
Basic chemical manufacturing (NAICS 3251). (Not including accessory residential ethanol/biodiesel fuel production for private use in section 32-162 or ethanol/biodiesel production facility).
Electric power generation (NAICS 22111), excluding natural gas fuel power generation, solar energy systems, and wind energy facilities (NAICS 221119) as addressed in separate sections of this chapter.
Leather tanning (NAICS 3161).
Pulp and paper mills (NAICS 3221).
Petroleum manufacturing (NAICS 324).
Primary metal manufacturing (NAICS 331).
All mining (NAICS 21) except nonmetallic mining and quarrying (NAICS 2123).
(1)
Small-scale facilities shall be permitted as permitted uses in both I-1 and I-2 districts provided that:
a.
All processing and storage is contained inside the building.
b.
The building is less than 10,000 square feet in area.
c.
All shipping of raw and finished products is by parcel delivery services.
d.
Air filtration shall be installed as required to ensure that no odor is noticeable beyond the property boundaries.
e.
All activities that produce regular loud noises shall be located within the building, and noise levels on the building exterior shall not exceed 55 DNL.
(2)
Modest-scale facilities occupying less than 30,000 square feet that meet the following performance standards may be permitted uses in the I-1 and I-2 districts:
a.
All sewage and industrial wastes shall be treated and disposed of in such a manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the state environmental management commission. Approval of all plans for waste disposal facilities by the state environmental management commission shall be required before the issuance of any building permit.
b.
Air filtration shall be installed as required to ensure that no odor is noticeable beyond the property boundaries.
c.
All activities that produce regular loud noises shall be located within the building and noise levels on the building exterior shall not exceed 55 DNL.
d.
All processing shall be conducted in the building interior.
(Ord. of 7-12-1999, § 03.120; Ord. of 11-5-2001, § 2; Amend. of 11-17-2008, § 1; Amend. of 8-3-2009, §§ 5, 7)
TABLE 03.110D
TABLE OF PERMITTED LAND USES—AGRICULTURAL SUPPORT ENTERPRISES
CONDITIONAL ZONING DISTRICT (ASE-CZ)
| Use | ASE-CZ | Other Standards |
|---|---|---|
| Agricultural processing facility | Y | Setbacks are 75 feet (street, side and rear). |
| Agricultural processing facility, community | Y | Setbacks are 75 feet (street, side and rear). Building cannot exceed 10,000 square feet. |
| Agricultural signs | Y | Advertising agricultural products produced on the premises. 32 square feet maximum. Five-foot setback from street right-of-way. Sign shall be nonilluminated. |
| Agricultural support services | Y | |
| Bed and breakfast establishments/country inns | Y | The use must meet the standards in section 32-206. Approval by the board of commissioners for this land use replaces the discretionary approval that section 32-206 places with the land development administrator. This land use is defined in section 32-1306. |
| Boarding stables | Y | Setbacks shall be 50 feet street, 20 feet side and 20 feet rear for buildings and riding rings. |
| Breweries and wineries | Y | 2.5 off-street parking spaces per 1,000 square feet of floor space + 1 space for work vehicle. Maximum square footage of building is 4,000 square feet. Setbacks shall be 50 feet street, 20 feet side and 20 feet rear. |
| Cattle merchant wholesalers | Y | Comply with subsections 32-236(3), (4) and (5). |
| Children's recreational camp with accommodation facilities (NAICS 721214) | Y | Children's recreational camp with accommodation facilities may have multiple principal and accessory buildings without the need to subdivide and/or divide land. All sanitary systems shall meet all applicable law. Zoning setbacks from all property lines and right-of-way lines for all buildings and athletic fields shall be a minimum of 100 feet. Lighting for athletic fields shall meet the glare standard in section 32-386. Accommodation facilities and accessory structures housing any accessory athletic research use must be located a minimum of 100 feet from all property lines and right-of-way lines and must comply with the buffer standards in section 32-264 if adjacent to residential zoned property. The land use shall be allowed one on-site identification sign per driveway access. The maximum sign area shall be 64 square feet and the maximum height shall be eight feet. Each sign shall meet the construction standards in section 32-231. This land use may have accessory uses and structures which fall under Sports and Recreation Instruction (NAICS 611620). Prior to a public hearing being scheduled, the applicant or owner must have certification that the property has sufficient drinking potable water and waste water treatment adequate to meet all usage requirements of the proposed activity in all phases. |
| Cold storage facility | Y | Setbacks are 75 feet (street, side and rear). |
| Community farmers' market | Y | Setbacks are 75 feet (street, side and rear) for buildings and vendor areas. |
| Event center | Y | The maximum building size in which the land use is located shall be 5,000 square feet. The minimum building setback shall be 100 feet. Off-street parking shall use gravel or pervious materials unless otherwise required by applicable building code (i.e., handicapped parking). Compliance with buffer standards of 32-264 shall be required. Minimum lot size shall be 20 acres. No more than one event center shall be allowed per parcel. An event center can include as an accessory use located on the same parcel not more than two cabins or houses originally or newly built in the style of single-family dwellings which may accommodate not more than ten total overnight guests on the property. Newly built cabins or single-family-style houses shall not exceed 1,500 square feet. Other accessory buildings associated with the event center shall not exceed 1,000 square feet. On-street parking shall not be allowed. |
| Freestanding on-site identification sign | Y | Gross face area of sign shall not exceed 200 square feet. Maximum height shall be 20 feet. One sign permitted per site. Sign may identify multiple tenants. Sign shall not be an electronic message board. The light for any illuminated sign shall be shaded, shielded or directed so as not to cause glare on surrounding properties or in public streets. No direct or reflected light from a light source for an illuminated sign shall create a traffic hazard for operation of motor vehicles. Illuminated signs shall be wired with ground fault interrupters (GFIs) controlling their electric supply. |
| Garden center with on-premises sales | Y | |
| Guest ranch | Y | Minimum lot size is 20 acres. |
| Ground-mounted solar power energy system "solar farm" (NAICS 221119) | Y |
A 25' existing or planted vegetative buffer shall be required around the entire solar
farm that meets the buffer standards in section 32-264. Any plantings of bushes, shrubs, and/or trees in two rows of coverage as set out
in section 32-264 shall reach a height at maturity of at least 10 feet and shall reach maturity in
a reasonable amount of time. In addition, the setback from all residential zones shall
be 100 feet inclusive of the buffer and the setback from all non-residential zones
shall be 50 feet inclusive of the buffer. The maximum height of the structures shall
be 15'. A fence shall be required around the perimeter of the entire solar farm which
fence shall be at least ten feet in height. The fence shall be a chain link fence
with dark green slats intended to blend into the natural environment and which are
intended to screen direct viewing of the solar farm through the fence. Other fencing
materials may be approved during the rezoning process that provide at least as much
screening and safety as the chain link fence with slats. Additional development standards
include:
(1) A preparation site that is adequate to handle the parking of employees, contractors, site equipment and shipping and receiving operations that is located in the solar farm site and off the public road and public road right-of-way; (2) Adequate road preparation that will allow two way traffic in and out of the property and to the job site that is properly graveled to prevent the tracking of mud and debris out of the site onto the public road (3) An adequate entrance way to the site that is wide enough to handle tractor trailer traffic and does not impede the flow of water in the state right-of-way drainage system. The entrance way should be adequately marked to ensure safe entry by all traffic to and from the site; (4) A requirement that no night time site work take place unless proper lighting is provided for the safety of the workers in accordance with all state and federal laws, rules, and regulations; (5) No unloading or loading of equipment in the public road or public road right-of-way that will be used in the site preparation or solar unit construction; (6) Following a continuous period of six months in which no electricity is generated, the owner of the solar farm, or in the solar farm owner's absence, the owner of the real property upon which it is located, shall decommission the solar farm by removing within six months all solar panels, buildings, cabling, electrical components, and any other improvements and must return the property to a natural state with plantings approved by the planning director. Prior to the insurance of a zoning compliance certificate, the county must receive a performance guarantee in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as determined by a North Carolina licensed engineer. The performance guaranty must be satisfactory to the county manager and may include a performance bond, irrevocable letter of credit, cash deposit or other surety approved by the county manager; and (7) The solar farm shall not allow the site to be overgrown with grass or other vegetation. |
| Home business | Y | Home business must be located within the dwelling. Only two persons other than occupants of the dwelling shall be engaged in home business. No more than 50 percent of the total actual floor area of the dwelling or 800 square feet, whichever is less, shall be used in the conduct of the home business. No retail sales shall be permitted. No outdoor sales or outdoor storage shall be permitted in connection with the home business. |
| Horse shows | Y | Comply with subsections 32-235(3) and (4). |
| Kennels | Y | The minimum site area for kennels is five acres. All outdoor facilities such as play areas, cages, kennels, or pens shall be a minimum of 100 feet from any residentially zoned property line. A separate six-foot perimeter fence is required if any animals have access to an outdoor enclosure, including unsupervised exercise areas. All operations, including the provision of waste disposal and the removal of carcasses, shall comply with all federal, state, and local requirements. |
| Minor or major subdivision | Y | Subdivision of land must comply with subdivision regulations found in the Land Development Code. Minimum lot size for a conventional subdivided lot is 44,000 square feet and for a cluster subdivided lot is found in section 32-263 and section 32-602(b). Minimum setbacks for conventional subdivided lots are 50 feet street, 15 feet side, and 25 feet rear. Setbacks for cluster subdivided lots are found in section 32-263. |
| Outdoor recreation including public areas (open to community residents) for active recreational activities, including but not limited to jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools and tennis courts (NAICS 7113) | Y | All buildings and recreational courts, fields, pools shall be setback 50 feet from all exterior property lines. |
| Rental cabins | Y | Rental cabins must be located on a separate lot and must meet setbacks for either a conventional subdivided lot for the AR-40 zoning district and/or cluster subdivided lot as described in section 32-263. Rental cabins located on same parcel as an event center must meet the standards listed for the event center in this section. |
| Residential entrance and exit sign | Y | Identifying the name of the development. Number of signs limited to two signs for each means of access to the development. Maximum height six feet. Maximum square footage is 150 square feet. Five-foot setback from street right-of-way. |
| Restaurants | Y | 12 off-street parking spaces per 1,000 square feet of floor space. Setbacks shall be 50 feet street, 20 feet side and 20 feet rear. |
| Riding stables/riding academy (NAICS 713990) | Y |
(1) All outdoor riding ring or arena shall be setback 50 feet street, 20 feet side
and 20 feet rear.
(2) Parking lot does not have to be paved. (3) One space per driving student plus one space per employee, instructor, or other person working for or on behalf of the riding stable/riding academy. (4) Lighting shall not exceed 50 foot-candles at any point on the lot and shall not be greater than one foot-candle at any residential property line. Lighting shall be reduced to 75 percent of the allowable foot-candle limit at any point after instruction or riding is finished for the day. (5) A subdivision of land shall not be required if a building or buildings for this land use will be located on the same tract of land that a single-family dwelling is located on. |
| Single-family detached | Y | Dwelling may exist on the same lot as another permitted use or be located on a separate lot. A dwelling located on a separate lot shall comply with the lot size and setback requirements for either a conventional subdivided lot for the AR-40 zoning district and/or cluster subdivided lot as described in section 32-263. A dwelling on the same lot as another permitted use shall meet the residential use setbacks found in table 04.100B for the AR-40 zoning district. |
| Special event (as defined in section 32-1310) | Y | Use must meet the standards in section 32-227. However, property in this zoning district may have 6 special events per year if approved during the rezoning process |
| Stockyard/livestock market | Y | Comply with subsections 32-236(3), (4) and (5). Minimum of 10 acres. |
| Subdivision water and/or sewer treatment facility | Y | A subdivision water and/or sewer treatment facility may only service the subdivision in which the facility is located in. |
| Wall-mounted sign | Y | Positioned flat against the wall of the building, but may not be painted on the wall. Fronting the principal street, a parking area, or in the case of a corner building, the side street as well. Up to two square feet per linear foot of building frontage along the main entrance wall. May not be suspended from a canopy if the bottom of the suspended sign is at least nine feet above grade level. Signs shall not project above the roof line or parapet line, whichever is greater. |
(Ord. of 1-5-2015(2), § 3; Amend. of 9-8-2015(1), § 1; Amend. of 12-7-2015(1), § 1; Amend. of 3-21-2016(1), § 1; Amend. of 6-6-2016(1), § 1; Amend. of 8-7-2017(1), § 1; Amd. of 11-18-2019(1), § 3)
