(A)   Table of permitted uses.

      (1)   Within each zoning district indicated on the official zoning map and subject to all requirements and conditions specified in the UDO, land, buildings and structures shall only be used and buildings and structures shall only be erected, which are intended or designed to be used for uses listed in the Table of Permitted Uses, Table 155-8.

      (2)   In the appropriate columns of Table 155-8, uses permitted by right, are indicated by a “P”, uses requiring a special use permit are indicated by a “S” and uses requiring rezoning to a conditional zoning district are indicated by “CD”. Uses listed as “S/CD” may be subject to a special use permit or conditional zoning district depending upon whether the use is existing or considered as part of the overall conditional zoning district request.

      (3)   Uses listed in Table 155-8 are subject to meeting additional development standards if the “Additional Development Standards Required” column contains specific references to § 155.07. Zoning permit applications thus designated shall demonstrate how compliance with the indicated development standards will be achieved. These additional development standards are in addition to the required development standards for new development. Special use permit applications must also comply with the indicated development standards as well as any additional standards or conditions required by the Board of Adjustment. Conditional Zoning District applications must also comply with the indicated development standards as well as any additional standards or conditions required by the Board of Commissioners.

      (4)   A blank space in the table indicates that a particular use is not permitted. Should there be a discrepancy between the Table of Permitted Uses and any other section of the UDO as to a use being permitted, the Table of Permitted Uses shall prevail.

      (5)   A blank space in the Table of Permitted Uses for G-S Government Services and M-R Military Reservation is subject to approval and review authority of the city and/or the MCAS Cherry Point.

      (6)   Exempt uses are indicated by an “E” in Table 155-8.

   (B)   Formulation of permitted use table.

      (1)   The Standard Land-Use Coding Manual (SLUCM), 1965, was utilized in the preparation of this table and shall be referred to as a guide for purposes of interpretation by the Zoning Administrator. SLUCM numbers are used to refer to land use classifications. Entries with “0" in the Reference SLUCM column do not correspond to any classification in the SLUCM.

      (2)   The SLUCM, as used for the Permitted Use Table, was last used in 1967 by the U.S. Dept. of Commerce, Bureau of Economic Analysis to classify land uses, but is currently not in active use. Other variations of SLUCM are currently in active use by some federal agencies. An archive manual showing the complete SLUCM classification system was retrieved from the American Planning Association Research web site, under the name, “RClassSysSLUCM” . When a use is not listed in the Permitted Use Table, the Zoning Administrator shall classify it with that use in the above named SLUCM most similar to it. This SLUCM shall serve as a guide in classifying any unlisted use. If the Zoning Administrator should determine that a use is not listed and is not similar to a use in the Permitted Use Table, then the use is prohibited.

      (3)   Rental and leasing of any commodity shall be permitted under the same classification and in the same districts, as are sales of that commodity, unless rental or leasing of that commodity is listed separately in the Permitted Use Table.

   (C)   Change in use.

      (1)   A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

         (a)   The change involves a change from one principal use category to another;

         (b)   If the original use is a combination use, the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered;

         (c)    If the original use is a combination use, the mixture of types of individual principal uses that comprise the combination use changes; or

         (d)   If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and an office, that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use. However, if the office were replaced by another office, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if a floral shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center-combination use) has not changed.

            1.   A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

            2.   A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

   (D)   Combination uses. When a combination use comprises two or more principal uses that require different types of permits (zoning, special use and conditional zoning district), then the permit authorizing the combination use shall be:

      (1)   A special use permit if any of the principal uses combined requires a special use permit;

      (2)   A conditional zoning district request if the development site requires a conditional zoning district for the proposed uses; or

      (3)   A zoning permit in all other cases.

   (E)   Mixed uses. A mixed use is one in which a residential use and a commercial use may exist in the same unit. This definition does not exempt permitted mixed uses from complying with the State Building Code.

   (F)   Accessory uses.

      (1)   Whenever an activity is conducted in conjunction with another principal use and the former use: constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is customarily associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use.

      (2)   For purposes of interpreting division (F)(1) above:

         (a)   A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and

         (b)   To be “customarily associated” with a principal use it is not necessary for an accessory use to be connected with the principal use more times than not, but only that the association of the accessory use with the principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

      (3)   Table 155-8, Table of Permitted Uses, outlines the zoning districts in which specific accessory uses are allowed. See also § 155.02 for dimensional standards for accessory structures.

   (G)   Temporary uses. Temporary uses are established for a limited duration not to exceed 180 days, with the intent to discontinue the use upon the expiration of the time period. Table 155-8, Table of Permitted Uses outlines the zoning districts in which temporary uses are allowed. See also § 155.0704 for specific standards and requirements for certain temporary uses.

   (H)   Prohibited uses. Within certain overlay districts some uses are specifically prohibited. In addition to those uses listed in Chapter 154, the following uses are prohibited or restricted in the districts as listed. Open storage in Business and Manufacturing Zoning Districts: in the N-B, H-C and O&I zoning districts, open storage is not permitted. In L-I and H-I zoning districts, outdoor storage is permitted for uses such as building materials sales, plumbing and heating supply houses, contractor offices and storage yards, industrial supplies and equipment sales. However, all outdoor storage must be enclosed by a solid fence at least six feet in height and landscaped in accordance with the provisions of Chapter 157.

(Ord. passed 7-25-2011)

   (A)   Table of density and dimensional requirements. The density and dimensional requirements for all general zoning districts and uses are found in Table 155-9, Table of Density and Dimensional Requirements.

   (B)   Accessory uses, buildings and structures. The following requirements are for accessory uses, buildings and structures. Other accessory uses may have additional development requirements found in § 155.0704. Supplementary dimensional requirements are also found in § 155.03. Accessory uses, buildings and structures shall not be placed within an easement.

      (1)   Setback and location requirements.

         (a)   Accessory structures shall not be located in front yards.

         (b)   Garages and carports shall be located in a side yard or rear yard, provided that the side and rear yard setback requirements for the zoning district are met.

         (c)   Swimming pools shall be located in rear yard and shall be setback a minimum of seven feet from the rear and side yard lot lines.

         (d)   All accessory structures shall be located in rear yards and shall be no closer than seven feet to rear and side yard lot lines.

         (e)   Accessory structures or buildings shall not be located closer than the principal building setback on the street side yard. Accessory structures or buildings located in the side yard adjacent to the street yard must be screened by an enclosed privacy fence.

         (f)   An accessory structure or building except utility substations and similar appurtenances shall not be erected in any easements.

      (2)   Lot coverage. The land coverage of principal and accessory buildings shall not exceed the maximum lot coverage shown in Table 155-9, provided that unattached accessory buildings shall not occupy more than 30% of the rear yard.

      (3)   Maximum height. The height of all accessory structures and buildings shall comply with maximum height requirements of the zoning district in which located (Table 155-9). However, all accessory building setbacks shall increase one foot for every one foot increase in height over 15 feet.

      (4)   Prohibition of manufactured home as an accessory storage building. Manufactured homes shall not be used as an accessory building for storage purposes or any other use other than a single-family dwelling unit or temporary security residence pursuant to § 155.0713(H).

      (5)   Parking of recreational vehicles in residential areas.

         (a)   The parking of recreational vehicles (RVs) in the driveways of residential dwellings shall be considered an accessory use. RVs shall not be occupied as temporary or permanent dwellings.

         (b)   RVs shall not be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or on any lot not approved for the use, except that the vehicle may be used to house out-of-town guests, on a non-fee basis, for a period not to exceed 14 continuous days. Further provided, that utility hookups shall be limited to electrical.

         (c)   RVs may be parked or stored on a residential lot 20 feet from the street edge or curb, provided, however, that the vehicle may be parked anywhere on the residential premises for a period not to exceed eight hours during loading or unloading.

         (d)   This section does not apply to temporary housing allowed after a disaster declaration.

   (C)   Fences and walls.

      (1)   In all zoning districts, fences in yards shall not impede vehicular visibility or movement at any intersection on the edge of driveways with street lines; nor shall they encroach on the right-of-way of a street.

      (2)   Nothing in this section shall preclude, however, the installation of temporary fences around construction work sites, erected or maintained pursuant to the State Building Code or soil erosion and sedimentation control requirements.

      (3)   The following fence types are permitted in all zoning districts:

         (a)   Masonry or stone walls;

         (b)   Ornamental iron and Polyvinyl chloride (pvc);

         (c)   Chain-link or chain-link panel or slat weave; and

         (d)   Wood.

      (4)   The following fence types are prohibited:

         (a)   Fences carrying electrical current;

         (b)   Fences constructed of readily flammable material such as paper, cloth or canvas;

         (c)   Fences topped with barbed wire or metal spikes in residential districts, except those serving a public institution for public safety or security purposes; and

         (d)   Fences constructed of concertina wire except as permitted for prisons or correctional facilities.

      (5)   Fences shall be maintained in a safe manner, plumb (vertical) to the ground. Fences no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement or otherwise, shall be repaired, replaced or removed at the property owner’s expense.

      (6)   Fence height:

         (a)   Residential uses. Fences in yards shall not exceed four feet in height in the front yard and six feet in height in the side and rear yards. A fence shall not exceed four feet in height within 15 feet of any public or private street right-of-way. In any case a fence shall not exceed eight feet in height;

         (b)   Recreational, agricultural and mining uses. A fence shall not exceed six feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines. In any case a fence shall not exceed 12 feet in height;

         (c)   Commercial, industrial, institutional, office or other nonresidential uses. A fence shall not exceed six feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines. In any case, a fence shall not exceed twelve feet in height; and

         (d)   Exceptions. Fence height limitations do not apply to fences built in conjunction with electric or gas substations; municipal solid waste disposal facilities; municipal works facilities; water or sewage treatment plants or facilities; municipal water storage facilities; public correctional and mental institutions; military facilities; or hazardous or radioactive waste storage or disposal facilities.

      (7)   Measurements:

         (a)   Fence height shall be measured at the highest point, not including columns or posts of the fence section as measured from the grade on the side nearest the abutting property or street;

         (b)   Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates; and

         (c)   As measured in division (7)(a) above, any retaining wall or berm below the fence shall be considered as part of the overall height of the fence. Safety railings required by the State Building Code shall not be included in height measurements.

      (8)   Other fence requirements.

         (a)   Obstruction of view. A fence shall not be placed or retained in a manner so as to obstruct vision at any intersection adjacent to public or private streets.

         (b)   Obstruction of access. A fence shall not block access to or egress from doors or windows. Fences shall be located at least two feet from building walls except where fences project from a building wall.

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

         (d)   Within required planting areas. The setback of fences within a required planting area shall be subject to the approval of a landscaping plan.

         (e)   Fences. Fences shall be constructed so that exposed framing faces the interior yard and not a public or private street right-of-way.

   (D)   Dimensional requirements for nontraditional lot developments. A development that contains walkable neighborhoods, unique design and a range of housing types. The following Nontraditional Lot Developments shall be reviewed through the Conditional Zoning District (CD) process. The dimensional requirements, use restrictions and standards specific to the (CD) process are delineated in § 154.03.

      (1)   Zero lot line detached home: § 155.0703(B).

      (2)   Semi-attached/duplex home: § 155.0703(C).

      (3)   Multiplex attached home: § 155.0703(D).

      (4)   Townhouse dwelling: § 155.0703(E).

      (5)   Multi-family dwelling/apartment: § 155.0703(F).

      (6)   Condominium: § 155.0703(G).

      (7)   Planned manufactured housing subdivisions: § 155.0703(H).

      (8)   Upper story attached dwelling: § 155.0703(J).

      (9)   Residential cluster developments: § 155.0703(Q).

      (10)   Traditional neighborhood development: § 155.0703(R).

   (A)   Structures permitted above height limits.

      (1)   Except as otherwise prohibited by the UDO, a district’s height limitations shall not apply to the following uses, provided the structures meet the required State Building Code, however, features, appurtenances or structures shall not be higher than Federal Aviation Agency (FAA) standards for airport approach clear zones.

         (a)   Architectural features and mechanical appurtenances such as church spires, belfries, cupolas, domes, antennas, ventilators or chimneys which occupy no greater than 5% of the total area of a building; and

         (b)   Monuments, water towers, observation towers, power transmission towers, silos, grain elevators, smokestacks, derricks, conveyors, flag poles, radio, television and communication towers, masts, aerials and similar structures.

      (2)   If applicable, documentation shall be provided by the applicant noting compliance with all FAA standards particularly for construction or alteration of structures that might interfere with aviation operations and that the construction or alteration meet lighting and marking criteria per FAA.

   (B)   Prevailing front yard setback. Where 50% or more of the lots in a recorded subdivision on the same side of the street as the lot in question are developed with less than the required front yard setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.

   (C)   Encroachments into required setbacks.

      (1)   Encroachments permitted in required setback. The following are permitted in required setbacks, provided there is no interference with any sight area, as defined in Chapter 163:

         (a)   Landscaping features, including, but not limited to, planted buffer yards, hedges, fences, walls, ornamental water features, planting boxes, sculpture, arbors, trellises and birdbaths;

         (b)   At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells;

         (c)   HVAC/mechanical equipment;

         (d)   Fences and retaining walls;

         (e)   Handicapped ramps; and

         (f)   Water-dependent structures (i.e., boat ramps, docks and the like).

      (2)   Structures permitted in required setbacks. The following structures may encroach into required setbacks, as follows:

         (a)   Cornices, overhanging eaves, window sills and gutters may project not more than two feet into any required setback, and shall not be closer than three feet to any property line;

         (b)   Balconies, bay windows, chimneys and fireplaces, steps, fire escapes, fire balconies and fire towers or similar architectural features, may project not more than three feet into any required setback, and shall not be closer than three feet to any property line;

         (c)   Porches, patios and decks may encroach into the required front, side and rear setbacks only as noted in Table 155-1:

 

 

         (d)   Canopy projections: gas station and convenience store pump island canopies may be located in the front setback provided that no equipment or part of a canopy is located closer than 12 feet to a street right-of-way.

   (D)   Easement and right-of-way encroachments.

      (1)   Drainage maintenance and utility easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements with the approval of the utility provider having jurisdiction over the easement.

      (2)   Public street rights-of-way. No structure or landscaping plantings may be placed within a public street right-of-way without the express approval of the public entity having jurisdiction over the right-of-way.

   (E)   Setbacks from thoroughfares. Where proposed street alignments have been established, in accordance with an adopted Thoroughfare Plan, or city adopted small area plan or city resolution, building setbacks shall be measured from the future right-of-way line of the proposed street.

   (F)   Setbacks from private streets. Building setbacks from approved private streets shall be the same distance as specified in Table 155-9, but shall be measured from the private street right-of-way, private street easement or the boundary line of the common area reserved for the private street.

   (G)   Setbacks on flag lots. The “flagpole” portion of this type of lot shall not be used to calculate building setbacks.

   (H)   Setbacks where no rights-of-way exist. In situations where no street right-of-way exists, the setback from the street shall be calculated by adding 30 feet to the applicable front yard setback required in Table 155-9.

   (I)   Visibility at intersections. A building, structure, wall, fence, shrub or tree shall not be erected, maintained or planted on any lot which would obstruct the horizontal or vertical sight distance area as defined in Chapter 163.

(Ord. passed 7-25-2011)

   (A)   Principal building per lot. Every building hereafter erected or moved shall be located on a buildable lot; and in no case shall there be more than one principal residential building and its accessory buildings on a lot, except as provided below.

      (1)   Two or more single-family dwellings on a single tract. A lot in any residential district shall not be occupied by more than one principal single-family residence, unless approved as a Nontraditional Residential Lot Development through the Conditional Zoning District process or a Manufactured Home Park through the Special Use Permit process.

      (2)   Nonresidential group development. Two or more principal nonresidential buildings are permitted on a lot pursuant to a site plan approved by the permit-issuing authority. Buildings must be separated at least 20 feet apart.

      (3)   Residential group development. Two or more principal buildings are permitted in a multi-family development pursuant to a site plan approved by the permit-issuing authority. Buildings must be separated at least 20 feet apart.

      (4)   Manufactured home park. More than two principal buildings are permitted in a manufactured home park pursuant to a site plan approved in accordance with the provisions of § 155.0703(I).

   (B)   A manufactured home is a principal building. In no case shall a manufactured home be allowed on a lot occupied by another manufactured home, dwelling unit or other principal building, provided, however, a manufactured home may be occupied temporarily on the same lot where a new permanent single-family dwelling unit is being constructed, or where an existing permanent single-family dwelling unit is undergoing extensive remodeling, or as allowed under Special Use Permit for a Manufactured Home Park. In these cases, the manufactured home may be occupied by the owner of the lot and dwelling unit being constructed on the same lot. Further, the manufactured home must be removed from the lot within 30 days after the new or remodeled structure is occupied. During the period of temporary use, the manufactured home must be anchored and registered under the provisions of this chapter as well as being connected to an approved water supply and sewerage system and electrical connections.

   (C)   Mobile structures are principal buildings. A mobile structure is a principal building. Only in cases where a mobile structure is used for a temporary construction office, a mobile classroom in conjunction with a school or church, or an administrative office within a manufactured home park, shall a mobile structure be allowed on a lot occupied by another principal building. Mobile structures shall comply with the requirements of the permit, registration and set up standards below, as well as the lot dimensional requirements of the district in which they are allowed.

      (1)    Manufactured home and mobile structure permits.

         (a)   It shall be unlawful for any person or entity to place or locate, for a period exceeding 72 hours, a manufactured home or mobile structure, within the city or its extraterritorial jurisdiction without and until the person or entity obtains a zoning and building permit.

         (b)   The Zoning Administrator shall issue a zoning permit upon receipt of a completed and signed application for a manufactured home, which application shall contain:

            1.   The name and mailing address of the owner(s) of the manufactured home or mobile structure;

            2.   A description of the manufactured home or mobile structure including the name of the manufacturer and year of construction; and

            3.   Location of the manufactured home or mobile structure.

         (c)   Following placement or location of a manufactured home or mobile structure within the city’s jurisdiction, the Zoning Administrator shall inspect same, and if he or she finds that the manufactured home or mobile structure and the installation of same complies with applicable state laws and city ordinances, he or she shall issue a certificate of compliance. A manufactured home or mobile structure shall not be occupied, maintained, stored or used for any purpose for a period exceeding 15 days after issuance of a zoning permit unless and until the Zoning Administrator has issued a certificate of compliance.

         (d)   All manufactured homes and mobile structures in place and installed within the zoning jurisdiction of the city prior to the effective date of this chapter shall be inspected for compliance.

         (e)   The registration shall be affixed to the manufactured home or mobile structure and shall be permanently maintained thereon in a manner so as to be plainly visible.

      (2)   Installation and set-up standards.

         (a)   All manufactured homes and mobile structures shall be anchored in conformance with the State of North Carolina Regulations for Manufactured Homes, as from time to time amended, published by the State Department of Insurance. The anchoring required hereunder shall be completed within 15 days after the issuance of a manufactured home permit.

         (b)   If manufactured homes and mobile structures are equipped with skirting, the skirting shall contain an access door measuring not less than 18 inches by 24 inches. Refer to Mechanical Code if equipment is installed in crawl space.

         (c)   All manufactured homes and mobile structures, except manufactured homes and mobile structures attached to or joined with other structures so as to form a single unit, shall receive electrical service from an individual meter and service hookup for the manufactured home or mobile structure, and a manufactured home or mobile structure shall not receive electric service from or through another structure of any type located on the same or another lot.

         (d)   All structural additions to manufactured homes and mobile structures other than those which are built into the unit and designed to fold out or extend from same shall be erected only after a building permit has been obtained, and the additions shall conform to state and local laws and ordinances. The building permit shall specify whether the structural additions may remain permanently, must be removed when the manufactured home or mobile structure is removed, or must be removed within a specified length of time after the mobile home or mobile structure is removed. The structural additions existing prior to the effective date hereof shall be removed within 30 days after the manufactured home or mobile structure which the structure serves is moved unless the structural addition is approved by the administrator as meeting the requirements hereof and is attached to another manufactured home or mobile structure on the same site within the 30-day period.

   (D)   Street access requirements.

      (1)   Vehicular access to public street required. Every lot shall abut and have direct vehicular access to a publicly maintained street, except as provided for in this chapter. A building or structure shall not be constructed, erected or placed on a lot that does not abut and have direct vehicular access to a publicly maintained street, except as provided in this chapter.

      (2)   Dead-end streets. For purposes of this chapter the terminus of a dead-end street does not provide the required vehicular access to a publicly maintained street unless that terminus is a circular turnaround or other turnaround design approved and constructed in conformance with Chapter 158.

      (3)   Nontraditional residential lot developments. Private streets may be used to meet access requirements for lots in a Nontraditional Residential Lot Development and in a Planned Manufactured Housing Community within the R-MH district, provided the development as a whole abuts and has direct vehicular access to a publicly maintained street and the private streets comply with the requirements of Chapter 158.

      (4)   Townhouse and condominium developments. Individual parcels shall have right of vehicular access through common areas containing private streets and/or private drives at least 24 feet in width leading to a publicly maintained street. Individual parcels may have direct vehicular access to a publicly maintained street with approval from the City Engineer. Streets in townhouse and condominium developments shall comply with the requirements of Chapter 158.

      (5)   Manufactured home park. Manufactured home park lots or spaces shall be developed in accordance with § 155.0703(I).

      (6)   Nonresidential group development. Individual parcels, whether leased or sold, in a nonresidential group development shall have shared rights of vehicular access along private streets and/or along private drives at least 24 feet in width leading to a publicly maintained street. Maintenance of all private streets and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an owners’ association or all owners acting collectively pursuant to a binding agreement.

      (7)   Exceptions. Special-purpose lots may provide access via easement in accordance with § 155.06 and lots meeting the access requirements of Chapter 158 for flag lots.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Single lot. A lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard or signage requirement of the UDO is created, nor shall any existing nonconformity or violation be increased. A single lot maybe reduced in size if reviewed and approved through the Conditional Zoning District process, i.e., cluster development.

   (B)   Buildable lot. Where two or more contiguous lots in one ownership collectively form a buildable lot, that lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard or signage requirement of the UDO is created, nor shall any existing nonconformity or violation be increased. An Instrument of Combination (or similar document or procedure) shall be prepared and recorded where two or more contiguous lots in one ownership collectively form a buildable lot.

   (C)   Exemption. These prohibitions shall not apply to state, county or municipal acquisition of land.

(Ord. passed 7-25-2011)

   Requirements of this chapter with respect to street frontage, minimum lot area and minimum lot dimensions shall not apply to lots for family or church cemeteries, sewer lift stations and similar utility uses. The lots shall comply with the requirements below.

   (A)   Minimum size. The special purpose lot shall be permitted only after the Zoning Administrator has determined that the proposed lot has sufficient dimensions to accommodate the intended use and other standards for site design as required by this UDO.

   (B)   Vehicular access easement. If the special purpose lot does not have direct vehicular access to a public street, an easement for ingress and egress with a minimum width of 20 feet shall be platted.

   (C)   Platting. The subdivision to create the lot shall be approved in accordance with Chapter 158, Subdivisions Procedures and Standards. The final plat shall label the lot as a “Special Purpose Lot for use as __________________”.

(Ord. passed 7-25-2011)

   The development standards listed herein are additional to other requirements in the UDO. These development standards are use-specific and apply to those uses designated with a “P” in Table 155-8, Table of Permitted Uses. Uses requiring approval of a special use permit (designated with an “S” in Table 155-8) shall also be subject to these standards as well as any additional standards or conditions required by the Board of Adjustment. Requests to a Conditional Zoning District (designated with a CD in Table 155-8) shall also be subject to these standards as well as any additional standards or conditions required by the Board of Commissioners. Permit applications and site plans for these uses shall demonstrate how compliance with the applicable development standards will be achieved. Should there be a discrepancy between the Table of Permitted Uses and any other section of the UDO as to a use being permitted, the Table of Permitted Uses shall prevail.

(Ord. passed 7-25-2011)

   The following rules apply to all development standards and uses listed below.

   (A)   Use separation. All measurements shall be made by drawing straight lines from the nearest point on the wall of a proposed or existing principal building or edge of a proposed use to the nearest point on the wall of the principal building from which the subject building is to be separated, unless otherwise specified.

   (B)   Residential density. Unless otherwise noted in this chapter, the maximum number of units allowed per acre for each housing type shall be the same as that permitted for the zoning district in which the use is located.

   (C)   Outdoor lighting. Outdoor lighting structures shall be located, angled, shielded or limited in intensity so as to cast no direct light upon adjacent property and to avoid the creation of a visual safety hazard to passing motorists. All new development and redevelopment located within the Accident Potential Zone that provide for outdoor lighting shall require the use of cutoff and semi-cutoff high sodium vapor lighting. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (D)   Noise levels. Unless otherwise specified herein, noncompliance with the noise level limits established by the UDO shall mean exceeding the specified noise limit for five or more of any 25 consecutive readings taken at ten-second intervals when measured at any point beyond the property line of the property from which the noise originates. As a continuing condition of approval, all uses shall comply with the requirements delineated in Chapter 93 of the city code of ordinances. If any requirement in the UDO exceeds those of the city code, the more restrictive standard shall apply.

   (E)   Landscaping and buffering. Unless a more stringent requirement is specifically specified elsewhere in this chapter, the minimum screening, buffering and landscaping standards contained in Chapter 157 are applicable to all uses.

   (F)   Parking and signage. Unless a more stringent or alternative requirement is specifically specified elsewhere in this chapter, the minimum parking and signage standards delineated in Chapter 157 shall apply.

   (G)   Recreation and open space.

      (1)   The minimum amount of private recreation space and useable public common open space that shall be reserved for passive and/or active open space purposes and the required plantings and other requirements in those areas shall be in accordance with the standards and requirements of Chapter 157.

      (2)   Unless otherwise specified herein, all recreation and common areas shall be dedicated to and maintained by homeowners’ associations, meeting the requirements of Chapter 158.

   (H)   Utilities. Water supply and sewage disposal for all uses shall comply with Title V of the city code of ordinances. Solid waste disposal shall comply with the requirements of Chapter 50 of the city code of ordinances.

(Ord. passed 7-25-2011)

   Development standards applicable to particular residential districts and uses identified in Table 155-8, Table of Permitted Uses and Table 155-9, Table of Density and Dimensional Requirements, and defined in Chapter 163 include the following.

   (A)   Manufactured home on individual lot, not in park.

      (1)   Manufactured homes on individual lots that are not located in a planned manufactured housing community may be permitted in the R-A and R-20A Residential Districts with a special use permit and are permitted in the R-MH Residential District.

      (2)   Additional site design requirements. Manufactured homes shall comply with the permit, registration and set-up standards of § 155.04(C)(1).

   (B)   Zero lot line detached home.

      (1)   Defined. A ZERO LOT LINE DETACHED HOME shall be a single-family residence on an individual lot, where the building is set on one of the side property lines, with a maintenance easement on the adjoining lot.

      (2)   Additional site development requirements.

         (a)   Zero side setbacks and proposed building locations must be delineated on the approved subdivision plat.

         (b)   The subdivision shall be designated as a zero lot line subdivision on the plat at the time of approval.

         (c)   Setbacks of zero feet are permitted only where the lots on both of the affected lot lines are part of a zero side setback development.

         (d)   A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the zero setback lot line.

         (e)   Whenever one side setback is zero, the minimum setback on the opposite side of the same lot shall be twice the minimum side setback required by the UDO for the zoning district in which the development is located.

         (f)   If the side wall of the structure is located on or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. However, windows such as clerestory or translucent windows that do not allow visibility into the side yard of the adjacent lot shall be allowed.

         (g)   The opposite side yard shall be maintained clear of any obstructions other than a three-foot eaves encroachment, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed six feet in height.

         (h)   The zero lot line side must not be adjacent to a road right-of-way.

         (i)   A maintenance easement of ten feet in width must be obtained on the lot adjacent to the zero lot line side.

      (3)   Dimensional requirements. Zero Lot line homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows: minimum lot area shall be 7,000 square feet.

   (C)   Semi-attached (duplex) home.

      (1)   Defined. A SEMI-ATTACHED DUPLEX HOME is a type of single-family dwelling, semi-attached to another single-family dwelling, each located on their own separate fee-simple lots, but which share a common wall along the shared lot line. Each dwelling unit is a separate unit from ground to roof with only one wall in common between units.

      (2)   Additional site development requirements.

         (a)   Proposed building locations must be delineated on the approved subdivision plat.

         (b)   The subdivision shall be designated as a semi-attached, duplex home subdivision on the plat at the time of approval.

      (3)   Dimensional requirements. Semi-attached/duplex homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9 except as follows in Table 155-2:

 

 

   (D)   Multiplex attached home.

      (1)   Defined. A MULTIPLEX HOME is an attached residence containing three to four dwelling units in a single structure on a single lot. Units within multiplex structures may be arranged side to side, back to back or vertically.

      (2)   Additional site development requirements. Proposed building locations must be delineated on the approved subdivision plat.

      (3)   Dimensional requirements. Multiplex homes shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-3:

 

 

         (a)   In addition to the minimum setbacks of the applicable zoning district, the following shall apply: from parking areas or driveways: 20 feet.

         (b)   Minimum building separation: 25 feet.

   (E)   Townhouse dwelling.

      (1)   Defined. A TOWNHOUSE DWELLING is a single-family attached dwelling where each dwelling unit extends from ground to roof, where the units are lined up in a row and share side walls. A townhouse dwelling contains two or more units intended for owner occupancy, where ownership of the land beneath each unit runs with that unit, where units and the individually owned lands on which they rest do not meet conventional lot requirements for street frontage and yard sizes, and where walls between the units are constructed in accordance with State Building Code.

      (2)   Dimensional requirements. Townhouse dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-4:

 

 

         (a)   Minimum lot width shall be 18 feet; and

         (b)   Minimum building separation: 25 feet.

      (3)   Common areas.

         (a)   Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.

         (b)   Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

         (c)   All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.

      (4)   Additional site development requirements.

         (a)   Rows of attached dwellings shall not exceed ten units and shall average no more than eight dwellings per structure in the overall development.

         (b)   Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.

         (c)   Private drives are allowed to connect parking areas and groups of townhouse units to public streets. These drives shall be constructed to the same standards as public streets except that the minimum pavement width shall be 20 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A T-turnaround shall be provided for drives of less than 100 feet in length; a 70-foot diameter cul-de-sac is required for longer drives.

      (5)   Additional site plan and plat requirements.

         (a)   Proposed building locations must be delineated on the approved subdivision plat.

         (b)   The site plan shall show the location of the buildings, streets, alleys, walkways, parking area, recreational areas and facilities, numbered and dimensioned residential sites and common areas within the site and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.

   (F)   Multi-family dwelling/apartment complex.

      (1)   Defined. MULTI-FAMILY DWELLINGS are where multiple separate housing units for residential inhabitants are contained within one building. Multi-family dwelling units are intended for renter occupancy and include no land or common ownership as an incidence of occupancy. When there are ten or more units in the building, the multi-family dwellings are referred to as apartments. The individual units can be mixed horizontally or vertically.

      (2)   Dimensional requirements. Multi-family/apartment dwellings shall comply with the dimensional requirements pursuant to Table 155-9.

      (3)   Additional site development requirements.

         (a)   Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.

         (b)   Private drives are allowed to connect parking areas and groups of multi-family units to public streets. These drives shall be constructed to the same standards as public streets and a minimum pavement width shall be 24 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A turnaround shall be provided for all drives that dead end within the development.

         (c)   There shall be no direct vehicular access from an individual dwelling unit to a collector or higher capacity public street.

      (4)   Additional site plan requirements. The site plan shall show the location of the buildings, streets, alleys, walkways, parking areas, recreational areas and facilities within the site, and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.

      (5)   Placement of buildings.

         (a)   There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.

         (b)   Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.

   (G)   Condominium.

      (1)    Defined. CONDOMINIUM DWELLINGS are dwellings located within a building or complex in which units of property are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners. The ownership of the occupancy rights to the dwelling unit is individually owned or for sale to any individual and the ownership is not inclusive of any land. The individual units can be mixed horizontally or vertically.

      (2)   Dimensional requirements.

         (a)   Condominium dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-5:

 

 

         (b)   Minimum on-site building separation: 25 feet.

      (3)   Common areas.

         (a)   Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.

         (b)   Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

         (c)   All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.

      (4)   Plans and declaration. Before a declaration establishing a unit ownership development may be recorded in the office of the County Register of Deeds as prescribed in the State Unit Ownership Act, the draft declaration shall be submitted along with a site plan and drawings describing the following: the plan of proposed development shall be prepared to meet the current requirements of the city, and shall contain all items required in Appendix A for site plans, as well as the following additional elements:

         (a)   The unit designation of each unit and a statement of its location, approximate area, number of rooms and immediate common area to which it has access and any other data necessary for its proper identification;

         (b)   Description of the general common areas and facilities as defined in the State Ownership Act and the proportionate interest of each unit owner therein;

         (c)   Description of all boundary lines between portions of the structures designed for different ownership;

         (d)   Description of all garages, balconies, patios and the like, which are part of each unit; and

         (e)   Description of any special common areas and facilities stating what units will share the same and in what proportion.

      (5)   Placement of buildings.

         (a)   There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.

         (b)   Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.

   (H)   Planned manufactured housing subdivision.

      (1)    Definition. A subdivision containing two or more building lots that are specifically designed to be sold for residential occupancy by manufactured home owners.

      (2)    Permitted. Manufactured homes not subject to § 155.0703(A) may be permitted on individual lots in a planned manufactured housing subdivision created by approved subdivision within the R-MH Residential District.

      (3)    Additional plat requirements.

         (a)   The subdivision shall be designated as a planned manufactured housing subdivision on the plat at the time of approval.

         (b)   All manufactured housing subdivisions shall have a common area of at least 15% or 4,000 square feet in area, whichever is greater.

         (c)   Manufactured homes on individual lots within planned manufactured housing subdivision shall comply with the permit, registration and set-up standards of § 155.04(C)(1).

         (d)   The corners of all lots within the subdivision shall be clearly posted by permanent markers which shall be maintained.

      (4)   Dimensional requirements. Manufactured homes on individual lots within a planned manufactured home subdivision shall comply with the density and dimensional requirements pursuant to Table 155-9. In addition, these manufactured homes shall:

         (a)   Have the towing apparatus, wheels, axis and transporting lights removed;

         (b)   Have the longest axis oriented parallel or within a ten degree deflection of being parallel to the lot frontage;

         (c)   Be set up with a continuous, permanent masonry foundation or masonry curtain wall installed under the perimeter, unpierced except for required ventilation and access, constructed in accordance with the standards of the State Building Code for One-and Two-Family Dwellings;

         (d)   Have stairs, porches, entrance platforms, ramps and other means of entrance and exit installed or constructed in accordance with the standards set forth in the State Building Code, anchored securely to the ground. Wood stairs shall only be used in conjunction with a porch or entrance platform with a minimum of 24 square feet;

         (e)   Have exterior siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction, consisting of one or more of the following:

         (f)   Have exterior siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction, consisting of one or more of the following:

            1.   Vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint);

            2.   Cedar or other wood siding;

            3.   Wood grain, weather-resistant press board siding;

            4.   Stucco siding; or

            5.   Brick or stone siding.

         (f)   Have a roof pitch minimum vertical rise of three feet for each 12 feet of horizontal run;

         (g)   Have the roof finished with a Class C or better roofing material that is commonly used in standard residential construction; and

         (h)   Have an eave projection for all roof structures of no less than six inches, which may include a gutter.

      (1)   Defined. A MANUFACTURED HOME PARK consists of a contiguous parcel of land with individual spaces leased for the placement of manufactured homes used as primary residences. Such a parcel is owned by an individual, firm, trust, partnership, public or private association, or corporation. Manufactured home parks are group developments with required improvements and utilities for the long-term location of two or more manufactured dwellings for rental purposes. A manufactured home park (also referred to as a manufactured home land lease community) does not include planned manufactured home communities.

      (2)   Additional requirements.

         (a)   A manufactured home park shall not be constructed or an addition made to an existing manufactured home park that either alters the number of sites for manufactured homes within the park or affects the facilities required therein until he or she secures a special use permit and operation/occupancy permit per this section that authorizes the construction and modifications.

         (b)   Manufactured homes placed in manufactured home parks shall comply with the permit, registration and set-up standards of § 155.04(C)(1).

         (c)   Only manufactured homes constructed pursuant to Federal Mobile Home Construction and Safety Standards (as reflected by a certificate placed upon the structure) are allowed in the park.

         (d)   A manufactured home shall not be placed in the park which has less than 500 square feet of heated interior enclosed floor space.

         (e)   Recreational vehicles, including park models, may be allowed in manufactured home parks subject to the following requirements:

            1.   A recreational vehicle, including park models, may be occupied in an established space within a manufactured home park provided that the recreational vehicle is not located within a space that is also occupied with a manufactured home;

            2.   Only one recreational vehicle, including park models, shall be permitted within each individual space;

            3.   The minimum stay for a recreational vehicle, including park models, shall be 30 days;

            4.   No recreational vehicle, including park models, shall be permitted to be stored in a manufactured home park;

            5.   The number of recreational vehicles, including park models, permitted to be located in a manufactured home park shall be limited to a maximum or 33% of the total number of approved spaces;

            6.    Recreational vehicles, including park models, located within a special flood hazard area shall comply with FEMA flood regulations;

            7.    Recreational vehicles, including park models, shall be subject to the same setback requirements as a manufactured home;

            8.    Recreational vehicles, including park models, shall be blocked up and anchored against overturning forces at the time of setup. Wheels and axles must remain on the unit at all times;

            9.   A permit is required for any RV to be located within the park; and

            10.   Accessory structures shall not be supported with recreational vehicles, including park models.

         (f)   A manufactured home shall not be occupied by more than one family and only one manufactured home is allowed per space.

         (g)   The corners of all spaces within the park shall be clearly posted by permanent markers which shall be maintained.

         (h)   The area beneath a manufactured home must be fully enclosed with durable skirting within 30 days of placement in the manufactured home park. Skirting shall comply with the requirements of § 155.04(C)(1).

         (i)   Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the State Building Code may be added to any manufactured dwelling provided that the building setback within the manufactured home space can be met and a building permit is issued by the city.

         (j)   Within a manufactured home park, one manufactured home or other permanent structure may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities or any other facilities shall be a permanent structure, complying with all applicable ordinances and statutes regarding buildings, electrical installations and plumbing and sanitation systems.

         (k)   Convenience establishments of a commercial nature may be provided within a manufactured home park and shall be limited to food stores, coin-operated laundromats, beauty parlors and barber shops. These may be permitted in manufactured home parks subject to the following restrictions:

            1.   The establishments shall be subordinate to the residential use and character of the park.

            2.   The establishment shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

            3.   The establishment shall be designed to serve the trade and service needs of the park residents only.

         (l)   The person to whom an operating permit for a manufactured home park is issued shall maintain an accurate register containing a record of all occupants and owners of manufactured homes in the park. The register shall be available for the inspection at all times by the Zoning Administrator. Upon the arrival of units into or departure from the manufactured home park, the permittee is charged with informing the Zoning Administrator of each arrival or departure. In addition to, a zoning and building permit shall be required for the placement of any manufactured home within the manufactured home park. The register shall contain the following information:

            1.   Name of owner or occupant;

            2.    Manufactured home space address;

            3.   Year, make, model and registration; and

            4.   Date when occupancy within the manufactured home park begins and date when occupancy within the manufactured home park ceases.

         (m)   The person to whom an operating permit for a manufactured home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair, and in an orderly, safe and sanitary condition. All service buildings and the grounds of the park shall be kept clean and free from any condition that will menace the health of any occupant or the public or constitute a nuisance.

         (n)   In each mobile home park, the permittee or duly authorized attendant or caretaker shall keep the park grounds clear of all underbrush, and grass on the property shall not be allowed to exceed eight inches in height.

         (o)   Individual fuel containers and outdoor storage facilities shall be installed and maintained in a manner so as to meet the requirements of the State Building Code and other applicable state and local regulations.

         (a)   Average minimum space width: no less than 50 feet.

         (b)   Minimum space size: 5,000 square feet.

         (c)   Minimum setbacks for each space shall be:

            1.   Front: 15 feet;

            2.   Rear: ten feet; and

            3.   Side: ten feet.

         (d)   Minimum separation between manufactured homes:

            1.   Side: 20 feet; and

            2.   Front or rear: 20 feet.

         (e)   Separation between manufactured home and accessory structures (on same space): ten feet.

         (f)   Setback between manufactured home and any public street or exterior boundary line of the manufactured home park: 20 feet.

         (a)   The minimum lot size, tract or parcel of land to be used for a manufactured home park shall not be less than three acres in size, and shall contain at least nine manufactured home spaces as defined in this section. There shall not be more than eight manufactured homes per acre.

         (b)   The park shall have minimum side and rear yard setbacks of at least 20 feet and a front yard setback of at least 30 feet.

         (c)   Cul-de-sacs shall be provided with adequate turnaround specific to the designed development as recommended by the City Technical Review Committee. All interior streets shall be retained as private streets on the manufactured home park property.

         (d)   Each mobile home space shall be provided with off-drive parking spaces according to Chapter 157. Parking spaces shall not be located within any road or road right-of-way in the park unless adequate design and pavement width is provided for. Guest and overflow parking shall be provided so as to be readily accessible to all manufactured home spaces. Automobile parking shall not be allowed in other than the parking areas specified in the Manufactured Home Park Plan and areas so specified shall be off the drive.

         (e)   A minimum of 1,500 feet square per manufactured home space shall be reserved as useable open space. Private open space requirements and standards are more fully delineated in Chapter 157. In addition, at least 750 square feet of recreation space per manufactured home space shall be provided for private recreation space for the residents of the manufactured home park. The recreation area shall not contain less than 4,500 square feet. Recreational space requirements and standards are more fully delineated in Chapter 157.

         (a)   Each mobile home space shall be connected to appropriate sanitary sewerage and water supply systems, as specified in Title V of the city code of ordinances. Under no circumstances shall waste water from washing machines or similar sources be discharged on the ground or in streams.

         (b)   All plumbing installations shall conform to any and all applicable City and State Building and Plumbing Codes. Furthermore, each manufactured home shall be required to make separate connection with approved sewer or septic tank system immediately upon occupying a manufactured home site.

         (c)   If the manufactured home park is located within the corporate limits of the city, garbage and refuse disposal shall be required per Chapter 50 of the city code of ordinances. If located within the ETJ, at least one covered garbage and trash container (30 gallons maximum capacity) shall be provided for each manufactured home; containers shall be placed on racks and the racks shall be located within the manufactured home park at a point which is readily accessible for collection and screened from public view. In lieu of requiring individual garbage and trash containers for each manufactured home, other approved garbage and trash disposal facilities may be provided with the approval of the County Health Department.

         (d)   All interior drives, streets and walkways within the park shall be adequately illuminated as approved by the Board of Adjustment. The lighting shall be the responsibility of the park owner.

         (a)   The name of the manufactured home park, the names and addresses of the owner(s), operator(s) and the designer of the park.

         (b)   All existing conditions and proposed site developments as required in this chapter including preliminary plans of all buildings, improvements and facilities constructed or to be constructed within the park.

         (c)   The names, proposed location and approximate dimensions of proposed streets, alleys, driveways, entrances, exits, walkways, easements, recreation areas, parks and other spaces, reservations, open spaces, home spaces and building lines. This information should be graphical only, not requiring detailed computations or filed work, above that required to obtain the above information.

         (d)   Plans of proposed utility layouts (sewer lines, water lines, storm drainage and the like) showing feasible connections to existing and proposed utility systems; plan for electric lighting; and the location and number of garbage receptacles.

         (e)   Profiles of all proposed streets showing natural and finished grades drawn to scale of not less than one inch equals 40 feet horizontal and one inch equals four feet vertical.

         (a)   The mixed-use building must be at least two stories tall with nonresidential uses restricted to the ground floor and residential uses located only above the ground floor. The uses must be functionally integrated in each structure and stand-alone residential structures are prohibited in the development.

         (b)   At least 20% of the total floor area of the mixed-use building must be dedicated to nonresidential use.

         (c)   The number of dwelling units per acre for the entire development shall not exceed the density for the residential zoning district in which it is located, or when located in a nonresidential district, the residential density allowed in the R-M District.

         (d)   Only those nonresidential uses shown on Table 155-8 as “P”, “S” and “CD” within the district are permitted in a mixed-use building. All “S” uses must also receive a special use permit pursuant to Chapter 153. Uses may also be approved under the conditional zoning district “CD” process as pursuant to Chapter 153. In addition, each nonresidential use shall be conducted wholly within the structure and not exceed the nonresidential floor area for the building within which it occupies.

         (e)   The ownership of the dwelling and nonresidential uses shall be organized as a condominium project and shall comply with the condominium requirements of § 155.0703(G), as may be applicable.

         (a)   Developments composed of only one mixed-use building shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9.

         (b)   Developments composed of two or more mixed-use buildings shall comply with the requirements of division (J)(3)(a) above, as well as specific dimensional requirements for condominium uses, pursuant to § 155.0703(G).

         (a)   The use must be owned and operated by a resident owner.

         (b)   The use shall be located in a structure that was originally constructed as a single-family dwelling.

         (c)   The quarters utilized by boarders and occupants of the premises shall be in the principal residential structure.

         (d)   There shall be only one common kitchen and all meals served on the premises shall be only for residents of the facility.

         (a)   The use must be owned and operated by a resident owner.

         (b)   Meals may be provided to overnight guests only and no cooking facilities may be provided in guest rooms.

         (c)   The use shall be located in a structure that was originally constructed as a dwelling.

   (N)   Group care facility and halfway house.

      (1)   Defined. A facility licensed by the state (by whatever name it is called, other than “Family Care Home” as defined by the UDO), with support and supervisory personnel that provides room and board, personal care or rehabilitation services in a family environment for not more than 30 people.

      (2)   Additional site development requirements.

         (a)   Property separation. No such facility shall be located within a 2,000-foot radius (measured by a straight line and not street distance) of another group care facility.

         (b)   Operation. The facility shall be limited to not more than 30 persons including resident managers.

   (O)   Orphanage.

      (1)   Defined. A residential institution devoted to the care of orphans (children whose parents are deceased or otherwise unable to care for them).

      (2)   Additional requirements.

         (a)   Minimum lot area: 8,000 square feet for the first nine patient beds, rooms or suites plus 1,000 square feet for each additional patient bed, room or suite or the minimum lot area requirement for the zoning district, whichever is greater.

         (b)   Minimum building separation: 20 feet.

         (c)   Vehicular access: for facilities on parcels greater than three acres, the principal vehicular access shall be from a collector or higher capacity road.

   (P)   Temporary emergency shelter.

      (1)   Defined. A facility providing, without charge, temporary sleeping accommodations, with or without meals, for individuals and/or families displaced from their residences as a result of sudden natural or human-made catastrophe including, but not limited to, earthquake, fire, flood, tornado, hurricane or the release of hazardous or toxic substance(s) into the environment. Such a natural or human-made catastrophe must be designated by the responsible local, state or federal official, or an emergency agency.

      (2)   Additional site development requirements.

         (a)   Time limitation. The Zoning Administrator shall initially establish an automatic expiration date for the permit for such a facility with provisions for a maximum 180 days renewal, if necessary.

         (b)   Location. The facility shall be contained within the building of and operated by a government agency or non-profit organization.

         (c)   Minimum floor area. A minimum floor space of 50 square feet shall be provided for each individual sheltered.

         (d)   Operation. The facility shall provide continuous on-site supervision during the hours of operation.

   (Q)   Residential cluster development.

      (1)   Defined. The grouping of single-family residential dwellings in order to conserve land resources, avoid environmentally sensitive areas, and provide for innovation in the design of the project including minimizing stormwater runoff impacts. Each residential cluster dwelling shall be on an individual single-family lot, with private yards on all four sides and some common open space within the development.

      (2)   Additional requirements.

         (a)   Residential cluster development is a type of residential development which allows the transferring of densities, dwelling units, from one area of a land parcel to another. Residential cluster development is to be considered as an alternative to conventional single-family detached or single-family attached.

         (b)   All site plans for residential cluster developments must be approved through the Conditional Zoning District process.

         (c)   The uses permitted within the residential cluster development shall be the same as those permitted in the zoning district in which it is located.

      (3)   Density.

         (a)   The development shall result in a permitted number of dwelling units which shall in no case exceed the number of dwelling units which could be permitted if the land was subdivided into single-family detached housing lots conforming to the minimum lot size and density requirements of the zoning district or districts in which the land is located.

         (b)   A lot shall not be reduced in size more than 40% below the conventional single-family lot for the zoning district in which the residential cluster development is located.

         (c)   Every parcel intending to be sold shall front on either a public street or common area to be owned by a homeowners association.

      (4)   Common areas.

         (a)   Areas not shown as lots, streets or right-of-way on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.

         (b)   Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

         (c)   All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.

         (d)   The minimum amount of recreation space and useable common open space that shall be reserved for passive and/or active open space purposes shall be in accordance with the standards and requirements of Chapter 157.

      (5)   Additional plan requirements. Pursuant to Chapter 154, a site plan shall contain the elements in Appendix A as well as the following additional residential cluster site plan requirements: the site plan shall number and show the location and dimensions of residential sites within the development. A residential site is that property intended for conveyance to the fee simple owner for the purpose of construction thereon of a residence and shall be no less than 40% of the minimum lot size for a single-family lot in the zoning district in which the residential cluster development is located. The residential site may be on any larger size lot desired by the developer, provided that in this case the residential structure shall be located within the required setback areas from a public street right-of-way as set out for the zoning district in which the residential cluster development is located.

   (R)   Traditional Neighborhood Development (TND).

      (1)   Defined. A TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) is a land development technique that encourages mixed-use, pedestrian-oriented communities and promotes the diversification and integration of land uses. A TND is a human scale, walkable community composed of a variety of housing types and densities and a mixed use core of shopping, offices, public and civic uses.

      (2)   Additional design requirements. TNDs shall adhere to the following additional general principles and design standards.

         (a)   Neighborhoods have clearly delineated centers and edges and are limited in size to promote pedestrian activity.

         (b)   The distance from the center to the edge of a neighborhood is generally no greater than one-quarter to one-half mile.

         (c)   TNDs provide a balanced mix of residential, retail, professional and personal service, office, civic, public and recreational uses.

         (d)   Residential uses include a diversity of housing types and densities.

         (e)   Street patterns are interconnected and blocks are short.

         (f)   TNDs are organized around an activity center consisting of shopping, offices, public and civic uses, which may contain mixed-use.

         (g)   Public and civic uses, such as schools, libraries, government offices, parks and recreational facilities, plazas and village greens are prominent features and focal points.

         (h)   Formal and informal open space is located and interconnected throughout a TND.

      (3)   Dimensional requirements.

         (a)   Minimum lot area and density.

            1.   Individual lot sizes may be reduced below the minimum specified in Table 155-9 for the zoning district in which the TND is located.

            2.   The permitted density of the residential component of a TND shall be determined during the Conditional Zoning District process, however, the density shall not exceed the maximum density delineated in Table 155-6 and as recommended in the city’s Comprehensive Land Use Plan:

 

            3.   Factors taken into consideration in determining the permitted density of a specific TND shall include the anticipated vehicular traffic, infrastructure and environmental impacts of the proposed TND (see Table 155-8) and as recommended in the City Comprehensive Land Use Plan.

         (b)   To promote flexibility and creativity, dimensional standards shall be established in accordance with the TND purpose and design principles. The determination of appropriate building setbacks and lot coverage for the proposed uses will be made during the Conditional Zoning District process.

         (c)   Each lot created within a TND shall be of sufficient size and dimension and that it can support the structure proposed to be located on it, consistent with all other applicable requirements of the UDO.

      (4)   Permitted uses.

         (a)   Residential uses: permitted residential uses within a TND include single-family detached dwellings, modular homes, zero lot line detached homes, semi-attached/duplex homes, multiplex attached homes, townhouse dwellings, condominium dwellings, multi-family dwellings/apartments, residential cluster dwellings and upper-story attached dwellings and/or mixed use.

         (b)   Nonresidential uses: nonresidential uses allowed within a TND shall be the same as those specified for the underlying zoning district in Table 155-8, Table of Permitted Uses. In addition, permitted nonresidential uses shall not be more than 15% of the total land area of a TND.

         (c)   A nonresidential use shall not be permitted within 150 feet of the perimeter of the TND unless the same or a similar use exists adjacent to the perimeter at the time of approval of the TND or is a use permitted by zoning on the adjoining property.

         (d)   Building permits for commercial uses in TNDs shall not be approved until building permits authorizing the construction of at least 30% of the total residential units have been issued.

      (5)   Additional site development requirements.

         (a)   The minimum and maximum land area devoted to specific land use types shall be determined as provided in Table 155-7:

 

 

         (b)   The design and construction of streets within a traditional neighborhood development shall comply with the NCDOT’s Traditional Neighborhood Development (TND) Guidelines.

(Ord. passed 7-25-2011; Ord. 19-O-02, passed 6-24-2019; Ord. 21-O-01, passed 2-22-2021; Ord. 21-O-04, passed 6-28-2021)

   Development standards applicable to particular accessory uses and structures identified in Table 155-8, Table of Permitted Uses and defined in Chapter 163 include the following.

   (A)   Communication tower under 50 feet in height. Towers shall not be placed in any front yard or side yard. All supporting cables shall be contained on the property.

   (B)   Home occupation.

      (1)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the residential use of a dwelling unit.

      (2)   The floor area used for home occupations shall not exceed 25% of the total floor area of the dwelling, and one home occupation shall not operate in more than one dwelling unit on a residential lot.

      (3)   The home occupation shall be conducted entirely within a principal dwelling unit, by one or more occupants of the dwelling unit, except that, in connection with the practice of a profession, one person not residing in the dwelling unit may be employed.

      (4)   The use does not change the character or outside appearance of the residence.

      (5)   The home occupation shall not be conducted in any accessory building.

      (6)   Traffic shall not be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conducting of the home occupation shall be met by providing the parking space(s) in the rear yard.

      (7)   Equipment or processing shall not be used in the home occupation which creates noise, vibration, glare, fumes, odors or which causes electrical interference beyond what normally occurs in the zoning district in which it is located. The home occupation shall not involve the use of electrical or mechanical equipment that would change the fire rating of the structure in which the home occupation is located.

      (8)   There shall not be exterior displays or display windows, or any other display of goods visible from the outside, nor shall there be sales rooms or open storage of materials or supplies associated with the home occupation.

      (9)   Evidence of the home occupation shall not be allowed, except there may be a maximum of one sign used on the premises to identify the home occupation. This sign shall be in conformity with Chapter 157 of the Unified Development Ordinance.

      (10)   There shall not be the selling of articles produced elsewhere than on the premises.

      (11)   There shall not be the storing of materials or products outside of a principal or accessory building or other structure.

      (12)   Delivery and pickup services shall be those customary to residential areas.

   (C)   Marina - residential. Residential marinas must be approved as part of the overall development plan for a nontraditional residential lot development or approved as a Special Use Permit for an existing residential area, and subject to the following requirements.

      (1)   Boat slips, piers and bulkheads are permitted; however, no commercial activities shall be permitted.

      (2)   Marinas may include any pump out facilities required by water quality or other state or federal regulations.

      (3)   A clubhouse or similar facility which could normally be included in a residential development may be included with the marina facilities.

      (4)   Residential developments in which marinas are allowed as accessory uses must receive final plan and permit approval, as required, prior to issuance of any city permits for the construction of the marina.

      (5)   Drystacks shall not be permitted in residential development marinas.

      (6)   Signs calling attention to the marina other than those for vehicular directional purposes located within the development are not permitted.

      (7)   The number of slips shall not exceed 110% of the number of units in the residential development. Each slip over and above the number of units in the residential development must be provided with two parking spaces in a specifically designed area.

   (D)   Satellite dish antenna.

      (1)   Satellite dish antennas shall not be constructed or maintained within the right-of-way of any street, highway or sidewalk.

      (2)   A satellite dish antenna, short wave antenna or similar tower in excess of four feet in diameter shall not be constructed or maintained within five feet of the edge of the pavement or shoulder of a street, highway or sidewalk.

      (3)   Satellite dish antennas are restricted to rear and side yards.

      (4)   Satellite dish antennas shall not exceed the maximum building height restriction as applied to accessory structures of the applicable zoning district (see also § 155.02(D)(1)).

   (E)   Swimming pools (accessory to residential use).

      (1)   Swimming pools as referenced in this section pertain to those pools, above ground or at ground level, that are an accessory use on a private residential lot.

      (2)   Swimming pools may be permitted as an accessory use in residential districts, provided the pool is not more than six feet above the normal lot ground level where it is located, and provided further that the pool retaining wall is not placed or constructed within seven feet of any rear or side lot line.

      (3)   A swimming pool shall not be permitted in the required front yard of a lot.

      (4)   Swimming pools permanently constructed below the ground level, and exceeding 40 square feet in water area, and above ground swimming pools that are capable of holding 24 inches of water shall be protected by a four-foot fence and latching gates to keep children and animals from having unsupervised access.

      (1)   The following definitions apply in this section:

2021 S-16

physically impaired person that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be permitted.

      (2)   A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver at the caregiver's residence shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.

      (3)   A temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.

      (4)   Only one temporary family health care structure shall be allowed on a lot or parcel of land. The temporary family health care structures under divisions (F)(2) and (3) of this section shall not require a special use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures, except otherwise provided in this section. The temporary family health care structure shall be placed in the rear yard and shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

      (5)   Any person proposing to install a temporary family health care structure shall first obtain an accessory structure permit. The applicant shall provide evidence of compliance with this section initially and on an annual basis as long as the temporary family health care structure remains on the property. This shall include inspection of the temporary family health care structure, annual compliance confirmation, and annual renewal of the doctor's certification.

      (6)   Any temporary family health care structure installed under this section shall be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable State law, City ordinances, and other requirements, as if the temporary family health care structure were permanent real property.

      (7)   No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

      (8)   Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within days of its removal, as applicable.

      (9)   The City may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section and may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section.

         (a)   All portable storage containers require a permit.

         (b)   Portable storage containers may not be used as dwellings.

         (c)   Portable storage containers shall not be located:

            1.   In a street right-of-way;

            2.   In any required landscaped area or open space;

            3.   On any sidewalk or trail; or

            4.   In any location that blocks or interferes with any vehicular and/or pedestrian circulation.

         (d)   In the case where a structure has been destroyed or damaged by casualty, the maximum time period may be as authorized in division (I)(5)(b).

         (e)   This section does not apply to industrial zoning districts.

         (a)   For the purpose of this section, the reference to commercial zoning districts includes office and institutional zoning districts.

         (b)   Individual portable storage containers may not exceed a gross floor area of three hundred fifty (350) square feet and may not exceed a height of nine feet.

         (c)   The total floor area of all portable storage containers shall not exceed thirty percent (30%) of the total floor space under the roof of the primary structure.

         (d)   Portable storage containers shall be located behind the principal building or at the principal building's side. However, if the physical nature of the site renders rear or side placement impossible, as determined in the sole discretion of the Zoning Administrator, alternative placement is permissible. Portable storage containers shall meet the side and rear property setback lines for the zoning district in which they are located.

         (e)   Portable storage containers may be permitted on a parcel within a nonresidential zoning district for a maximum of one hundred eighty (180) days.

         (f)   All portable storage containers require a permit, issued by the Zoning Administrator. An original permit may be amended for additional portable storage containers, under the following circumstances:

            1.   After the initial portable storage container permit is issued, the applicant determines additional storage is required for the project.

            2.   Additional fees will be charged for each additional portable storage container.

            3.   The original end date of the permit will not be extended.

            4.   In no case shall the total number of portable storage containers exceed the threshold set forth in division (I)(2)(b).

            1.   A one-time extension for sixty (60) days may be authorized at the sole discretion of the Zoning Administrator, for extenuating circumstances. The applicant must provide proof of the extenuating circumstances to the Zoning Administrator.

            2.   Any application for an extension beyond the additional sixty (60) days may only be approved by the City Manager. Examples may include, but are not limited to:

               a.    Unusually wet weather during the period of the permit; more than thirty percent (30%) of the days during the permit must have some documented rainfall or adverse weather condition.

               b.   A natural disaster that occurred during the permitted period where additional damage was sustained. Refer to division (I)(5)(b).

               c.    Supply chain issues where significant delays have occurred.

         (h)   Applications submitted with a pre-determined project time frame of more than one hundred eighty (180) days may be approved by the City Manager. The completed permit application must include additional project documentation with the following components:

            1.   Task and sub-tasks listed in chronological order based on expected completion date.

            2.   Dates/times for task completion.

            3.   Milestones and progress check-points.

            4.   A description of dependencies listing which tasks are dependent upon other tasks.

         (a)   For the purpose of this section, the reference to commercial zoning districts includes office and institutional zoning districts.

         (b)   Portable storage containers may be permitted on a parcel within a nonresidential zoning district for a period of five years. Prior to the expiration of the permit, the owner/applicant may apply for another five-year permit for continued use.

         (c)   Individual portable storage containers may not exceed a gross floor area of three hundred fifty (350) square feet and may not exceed a height of nine feet.

         (d)   The total floor area of portable storage containers may not exceed the total square footage of the primary structure or ten percent (10%) of the total lot size, whichever area is less.

         (e)   Portable storage containers must be kept free of rust and graffiti, kept in good repair, painted in a uniform color, and located as follows, in order of preference:

            1.   Behind the principal building if possible;

            2.   Beside the principal building; or

            3.   As approved by the Zoning Administrator, with the following conditions:

               a.    Screened from view of the public right-of-way by an eight-foot privacy screen made of sturdy material such as chain link or wood with eighty percent (80%) opacity; and

               b.    Either painted a solid color to match the primary structure or painted in a solid tan or brown color.

         (f)   Portable storage containers shall be located a minimum of one foot from the property line.

         (g)   Where non- residential zoning is directly adjacent to a residential use, an eight-foot non-vegetative privacy screen shall be provided between residential and non-residential use.

         (h)   Applicant must comply with all the requirements of this section within thirty (30) days after permit is issued.

         (i)   Portable storage containers included in this section are considered long-term impervious surfaces and will be included in the calculation of impervious surface when calculating stormwater fees.

         (a)   A portable storage container may be permitted on a parcel in a residential district for a period not to exceed thirty (30) days in a twelve (12) month period.

         (b)   Portable storage containers may not exceed a gross floor area of one hundred thirty (130) square feet and may not exceed a height of nine feet.

         (c)   The total floor area of the portable storage containers may not exceed thirty percent (30%) of the total floor space under the roof of the primary structure.

         (d)   Portable storage containers shall not be located within three feet of the property line unless placed on an existing impervious surface.

         (e)   Portable storage containers are not allowed for permanent use within residential areas.

         (a)   Portable storage containers used in connection with permitted construction activity may be located in any zoning district.

         (b)   Portable storage containers may be permitted for the duration of construction authorized by an active building permit. The container shall be removed within thirty (30) days of the issuance of a certificate of occupancy.

         (c)   Portable storage containers may not exceed a gross floor area of three hundred fifty (350) square feet and may not exceed a height of nine feet.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 25-O-04, passed 12-8-2025)

   Development standards applicable to particular manufacturing and industrial uses identified in Table 155-8, Table of Permitted Uses, include the following.

   (A)   (Reserved).

   (B)   (Reserved).

(Ord. passed 7-25-2011)

   The city has a vested economic interest in preserving, maintaining, and sustaining land uses that are compatible with military activities at MCAS Cherry Point. Development located proximate to MCAS Cherry Point has been identified as a critical issue impacting the long-term viability of the military in the city. Additional concerns associated with development include loss of access to air space and river and other marine areas and radio frequency encroachment. The construction of towers and wind energy facilities in areas surrounding MCAS Cherry Point is of utmost concern to the city because those structures may interfere with or impede the military's ability to carry out activities that are vital to its function and future presence. In addition to the purposes set forth in § 152.04, this section regulates communications towers of all types that exceed 50 feet in height and wind energy facilities or turbines for the purpose of protecting military training and deployment operations. This section shall be implemented consistent with the city's commitment to avoiding encroachment on MCAS Cherry Point and avoiding interference with the military's control of airspace.

   Development standards applicable to particular transportation, communication and utilities uses identified in Table 155-8, Table of Permitted Uses, are set forth below. Note: Communications towers that are less than 50 feet in height are governed by § 155.0704(A). For the purposes of this section, "towers" means any and all communications towers and all other radio or television towers except for qualified small wireless facilities and public safety towers.

         (a)   Towers are only permitted in the AICUZ Overlay District pursuant to §§ 154.07 et seq. and Table 154-4.

         (b)   The tower shall not encroach upon or otherwise interfere with the mission, training, or operations of MCAS Cherry Point. For those towers requiring a special use permit, the Board of Adjustment shall consider whether the proposed tower would cause interference with air navigation routes, air traffic control areas, military training routes, or radar based on the written statement received from the U.S. Marine Corps, Department of the Navy, or the Department of Defense. The Board of Adjustment shall also consider any written statements or oral comments submitted during an evidentiary hearing on the application. If the Board of Adjustment does not receive a written statement or request for additional time to respond from the military within 90 days of issuance of the city’s request to the base commander, the Board of Adjustment may deem that the tower does not interfere with the military.

         (c)   The perimeter around the base of the tower and all guy anchors shall be surrounded by a security fence or wall at least eight feet in height, unless the entirety of the tower and guy anchor(s) are mounted on a structure above eight feet in height. The guy anchors may be fenced separately in order to comply with the requirements of this division.

         (d)   Before any tower is approved, a site plan showing location and height of existing and proposed towers(s), guys and the like, along with proposed accessory structures or equipment, proposed landscaping, screening, points of ingress and egress, and any other features that are proposed or existing shall be submitted and approved.

         (e)   Towers shall be of the monopole type (that is, non-lattice or other multi-poled structure), unless the applicant shows by a preponderance of the evidence that the applicant's purposes are reasonable and could not be accomplished with a monopole tower.

         (f)   Buildings associated with a tower within a residential zoning district shall not be used as an employment center for any worker. This provision does not prohibit periodic maintenance or monitoring of equipment, instruments or anything else on the site.

         (g)   Commercial advertising shall not be allowed on a tower or any of its related facilities. However, an identification wall sign is allowed on any accessory structure, provided the sign does not exceed 10% of the wall area.

         (h)   Engineering evidence must be presented which demonstrates that the proposed use meets all FAA standards, presents no threat to aviation standards, or to persons or property by reason of unusual exposure to aviation hazards. The evidence shall consist of engineering certification that, in the event of collapse, the tower's structure shall crumble in such a way that it will not threaten persons or property on adjoining lots. The cost of all engineering evidence shall be at the expense of the applicant. In addition, the applicant shall provide proof of adequate insurance coverage, covering damages of the facility itself and all surrounding property before any permits are issued.

         (i)   The maximum height of any privately owned and operated tower is 200 feet whether the tower is free-standing or placed on an existing structure. The maximum height of public safety towers is 500 feet.

         (j)   The minimum lot size requirements for any tower up to 200 feet in height shall be two acres. The minimum lot size does not apply if facilities are located on existing structures or buildings. Consideration of placing towers on existing structures is encouraged.

         (k)   No outside storage shall be allowed on any tower facility site.

         (l)   Any driveway accessing a tower facility shall be paved, at least 20 feet wide, and well maintained. Such drives shall have recorded easements, where appropriate.

         (m)   The setback distance from existing property lines in all zoning districts for all towers shall be 100 feet, or one foot for every one foot of tower height, whichever is greater.

         (n)   Before any permit is issued for the construction of a tower, each applicant for approval of any new tower shall provide the Zoning Administrator with an inventory of existing towers located within a one mile radius of the proposed tower, including specific information concerning location, height, and design of each tower. The applicant shall also provide sound engineering evidence as to why any proposed use could not be accomplished by collocating onto existing towers.

         (o)   The applicant must provide documentation that the proposed tower complies with Federal Radio-Frequency Emission standards.

         (p)   Towers shall not be allowed within the front yard of any existing development within any zoning district.

         (q)   All lighting of towers must comply with FAA standards. No lighting shall present a glare to any adjoining properties or into any public right-of-way or a nuisance to pilots.

         (r)   Towers shall not be constructed within one mile of another free standing telecommunications site.

         (a)   Any tower of less than 50 feet in height erected solely for residential or non-commercial (civic, religious and the like) use such as television antennas, satellite dishes or amateur radio antennas. The structure shall, however, comply with all other applicable requirements of the UDO.

         (b)   Telephone or utility poles erected for the sole purpose of providing basic electrical coverage or non-cellular telephone coverage.

         (c)   Alternative freestanding tower structures such as clocks, steeples, bell towers and the like, which are not used for telecommunications purposes. The structure shall, however, comply with all other applicable requirements of the UDO.

         (d)   Qualified small wireless facilities.

         (e)   Public safety communications towers equal to or less than 200 feet in height as defined in § 155.0706(C).

         (a)   Installation of an antenna on any existing structure other than a residential structure (such as a nonresidential building or water tower) that is greater than 50 feet in height so long as the addition adds no more than 20 feet to the height of the existing structure.

         (b)   Installation of an antenna on any existing structure other than a residential structure (such as a nonresidential building or water tower) that is less than 50 feet in height, so long as the addition adds no more than 20 feet, or doubles the total height of building, whichever is less.

         (c)   Installation of an antenna on an existing tower of any height, including the placement of additional buildings directly related to the use, so long as the antenna adds no more than 20 feet, or 25%, whichever is greater, to the height of the existing tower.

         (a)   The applicant shall send letters to all owners of existing towers within one mile radius of the proposed tower requesting the following information:

            1.   Tower height;

            2.   Existing and planned tower uses;

            3.   Assessment of existing tower’s ability to accommodate proposed antenna without causing radio frequency disturbance or instability; and

            4.   If subsection (3) above cannot be met, an evaluation of whether existing tower could be modified so as to support an additional antenna without producing electromagnetic interference.

         (b)   A copy of all responses of the letter required by division (A)(4)(a) above.

         (c)   A summary explanation of why the applicant believes the proposed tower cannot be located on an existing tower.

         (d)   Presentation of sound engineering evidence which demonstrates that the location of a new tower rather than the addition onto an existing tower is necessary to avoid interference; is in the interest of public safety; is technologically necessary; or is more practical in any other relevant way.

         (e)   Sound engineering evidence that the communication tower is designed to support at least one additional telecommunications provider, and a statement that, if commercially reasonable, the owner would be willing to accommodate additional user(s) to attach communications additions onto the proposed tower, so long as the addition(s) does not interfere with the functional purpose of the tower.

         (f)   Evidence that the proposed tower, if permitted, meets all the requirements established by the UDO.

      (1)   The purpose of this section is to:

         (a)   Minimize the impacts of small wireless facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;

         (b)   Encourage the location and collocation of small wireless facilities equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures;

         (c)   Encourage coordination between suppliers of small wireless facilities;

         (d)   Accommodate the growing demand for wireless services and the resulting need for small wireless facilities;

         (e)   Regulate in accordance with all applicable federal and state laws;

         (f)   Establish review procedures to ensure that applications for small wireless facilities are reviewed and acted upon within a reasonable period of time or any specific period of time required by law;

         (g)   Protect the aesthetics of the city while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications services; and

         (h)   Encourage the use of existing buildings and structures as locations for small wireless facilities infrastructure so as to minimize the aesthetic impacts of related infrastructure.

      (2)   It is not the purpose or intent of this section to prohibit or have the effect of prohibiting wireless communications services; unreasonably discriminate among providers of functionally equivalent wireless communication services; regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency emissions where it is demonstrated that the small wireless facility does or will comply with applicable FCC regulations; or prohibit or effectively prohibit collocations or modification that the city must approve under state or federal law. The provisions of this Section are in addition to, and do not replace, any obligations an applicant may have under any franchises, licenses, encroachments, or other permits issued by the city.

         (a)   The standards established herein shall apply only to qualifying small wireless facilities and qualifying utility poles, as defined herein. Nothing in this ordinance shall be interpreted to excuse compliance with, or to be in lieu of, any other requirement of state or local law, except as specifically provided herein. Without limitation, the provisions of this ordinance do not permit placement of small wireless facilities on privately-owned utility poles or wireless support structures, or on private property, without the consent of the property owner or any person who has an interest in the property.

         (b)   The following categories of small wireless facilities are exempt from the requirements set forth in this § 155.0706(B):

            1.   Any wireless communications facility below 50 feet when measured from ground level which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission and used exclusively for amateur radio operations. (UDO § 155.0706(A)(2)(a)).

            2.   Satellite dishes. (UDO § 155.0706(A)(2)(a))

            3.   Eligible facilities requests that satisfy the requirements set forth in § 155.0706(A).

            4.   Routine maintenance of small wireless facilities; the replacement of small wireless facilities with small wireless facilities that are the same size or smaller; or installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with all applicable laws or regulations by or for a communications service provider authorized to occupy the city rights-of- way.

            5.   A temporary small wireless facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency.

            6.   Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

            7.   A small wireless facility located in an interior structure or upon the site of any stadium or athletic facility, provided that the small wireless facility complies with applicable codes.

         (a)   Applicants for any qualifying small wireless facilities, qualifying utility poles, and qualifying city utility poles subject to this § 155.0706(B) shall complete an application as specified in form and content by the city.

         (b)   An application shall be deemed complete unless the Administrator provides notice otherwise in writing to the applicant within 30 days of submission or within such other time frame as the applicant and Administrator may mutually agree. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The application shall be deemed complete on resubmission if the additional materials cure the deficiencies identified.

         (c)   The application shall be deemed approved if not approved or denied within 45 days from the time the application is deemed complete or such other time frame as the applicant and Administrator may mutually agree.

         (d)   An application may be denied only on the basis that it does not meet any one of the following: (i) the city's applicable codes; (ii) local code provisions or regulations that concern public safety, objective design standards for decorative utility poles, city utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground-mounted equipment; or (iii) public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way. The Administrator must document the basis for a denial, including the specific code provisions on which the denial was based and send the documentation to the applicant on or before the day the application is denied. The applicant may cure the deficiencies identified and resubmit the application within 30 days of the denial without paying an additional application fee. The Administrator shall approve or deny the revised application within 30 days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.

         (e)   The Zoning Administrator will establish written coordination with MCAS Cherry Point for all applications submitted for installation of small wireless facilities.

            1.   Small wireless facilities shall cause no signal or frequency interference with public safety facilities or traffic control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure.

            2.   A structural engineering report prepared by an engineer licensed by the State of North Carolina, certifying that the host structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennae and other equipment, extensions, and appurtenances associated with the installation.

            3.   A traffic and pedestrian management plan must be submitted for any installation that requires work in the public right-of-way.

            4.   No portion of a small wireless facility may be placed in the public right-of-way in a manner that:

               a.    Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or

               b.    Involves placement of pole-mounted equipment where lowest point is lower than eight (8) feet above ground level.

         (c)   An abandoned small wireless facility shall be removed within 180 days of abandonment. Notice shall be provided to the Planning Director within 30 days of any communication facility that is placed out of service. Should the wireless services provider fail to timely remove the abandoned wireless facility, the city may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider. For purposes of this subsection, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the city reasonable evidence that it is diligently working to place such wireless facility back in service.

            1.   No advertising signs or logos are permitted on small wireless facilities.

            2.   Small wireless facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Small wireless facilities shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.

            1.   No portion of a utility pole associated with a small wireless facility may be placed in the public right-of-way in a manner that:

               a.    Results in the obstruction of pedestrians or vehicular or bicycle access, or of sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or

               b.    Involves placement of pole-mounted equipment whose lowest point is lower than eight feet above ground level.

         (a)   New poles may not be erected in a residential area solely for wireless communication equipment attachment unless the applicant has demonstrated it cannot reasonably provide service by:

            1.   Installing poles outside of the residential area;

            2.   Attaching equipment to existing poles within the right-of-way; or

            3.   Installing poles in rights-of-way not contiguous to parcels used for single family residential purposes.

         (b)   In the event a new pole is proposed in any zoning district, the following provisions apply:

            1.   Unless a new pole replaces an existing pole in substantially the same location, to the extent practicable, poles shall be installed at least 300 feet from any existing or proposed pole. Any wireless services providers desiring to install poles less than 300 feet apart or desiring to install a new pole within 300 feet of an existing pole shall demonstrate to the city's satisfaction why such placement is necessary.

            2.   Poles shall be designed pursuant to city standards or the applicable utility's standard, and function as street light poles, utility poles, or traffic signal poles in consultation with the city and the applicable utility, and shall be incorporated into the applicable utility or signaling system.

            3.   All requirements, standards and limitations of subsections 155.0706(A) and 155.0706(B)(5) apply to new utility pole installations.

         (a)   Applicants must obtain all other required permits, authorizations, approvals, agreements, and declarations that may be required for installation, modification, and/or operation of a proposed facility under federal, state, or local law, rules, or regulations, including but not limited to encroachment agreements and FCC approvals. An approval issued under this Section is not in lieu of any other permit required under the UDO or City Code, nor is it a franchise, license, or other authorization to occupy the public right-of-way, or a license, lease, or agreement authorizing occupancy of any other public or private property. It does not create a vested right in occupying any particular location, and an applicant may be required to move and remove facilities at its expense consistent with other provisions of applicable law. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of the UDO is not valid. No person may maintain a small wireless facility in place unless required state or federal authorization remains in force.

         (b)   All small wireless facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the use. This shall include keeping the structures maintained to the visual standards established at the time of approval. The small wireless facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 30 calendar days from the date of notification by the city. In public rights-of-way, damaged or deteriorated components must be corrected within five business days of notification.

         (c)   The property owner(s) or applicant shall submit a certification letter from a North Carolina certified land surveyor or licensed engineer which verifies that structure height complies with the approved development plan.

         (d)   The applicant or owner shall maintain onsite at the facility contact information for all parties responsible for maintenance of the facility.

         (e)   Small wireless facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission.

         (f)   After written notice to the applicant and/or owner, the city may require the relocation, at the applicant/owner's expense, of any small wireless facility, and the associated utility pole, city utility pole, or wireless support structure on which it is collocated, located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of- way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the city.

         (g)   Collocation or modification of small wireless facilities on an existing non-conforming wireless support structure or base station shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use, provided that the collocation or modification constitute an eligible facilities request.

      (1)   For the purposes of this UDO, public safety communications tower means a telecommunications tower utilized by the federal government, state government, local government or a non-governmental entity engaged in public safety activities. Public safety activities include, but are not limited to, homeland security, law enforcement, emergency management, fire protection and emergency medical services.

         (a)   Public safety communications towers of over 200 feet in height that are initiated, extended, rebuilt or constructed on or after October 1, 2013, must receive the endorsement of the State Building Code Council pursuant to G.S. Ch. 143, Art. 9G.

         (b)    Public safety communications towers over 200 feet in height must meet the additional requirements set forth for towers in division (A) above.

         (c)   Public safety communications towers are only permitted in the AICUZ Overlay District pursuant to § 154.07 et seq. and Table 154-4.

         (d)   Lattice and guy tower structures may reach up to 500 feet in height if (i) the tower is owned by a local, state, or federal government agency and operated primarily for public safety purposes and (ii) the Board of Adjustment determines that the tower does not interfere with military training, deployment operations, or airspace control functions conducted at MCAS Cherry Point.

         (e)   Privately-owned wireless telecommunications attachments may be co-located on a public safety communications tower as long as the wireless communications tower's primary purpose is to serve public safety purposes.

         (a)   All buildings and apparatus shall be set back at least 20 feet from all property lines and shall be designed, landscaped in accordance with the provisions of Chapter 157 and maintained in accordance with other public facilities.

         (b)   Facilities such as water towers, pumping stations and similar public facilities shall be surrounded by a chain link fence with slats six feet high.

         (c)   Outside storage of apparatus and equipment is permitted only in the L-I and H-I zoning districts and must be enclosed by a solid fence at least six feet high and screened in accordance with the provisions of Chapter 157.

         (d)   Noise: equipment-producing noise shall comply with the requirements delineated in Chapter 93 of the city code of ordinances.

         (e)   Dust: all unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.

         (a)   All buildings and apparatus shall be set back at least 20 feet from all property lines and shall be designed, landscaped and maintained in accordance with other public utility facilities.

         (b)   Such facilities shall be surrounded by a chain link fence with slats six feet high.

         (c)   Outside storage of apparatus and equipment is permitted only in the H-I or L-I zoning districts and must be enclosed by a solid fence at least six feet high and screened in accordance with the provisions of Chapter 157.

         (d)   Noise: equipment-producing noise or sound shall comply with the requirements delineated in Chapter 93 of the code of ordinances.

         (e)   Dust: all unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.

(Ord. passed 7-25-2011; Ord. 13-O-03, passed 9-23-2013; Ord. 20-O-01, passed 2-24-2020; Ord. 21-O-04, passed 6-28-2021)

   (A)   Petroleum and petroleum products, bulk storage (wholesale trade of).

      (1)   The minimum size lot, tract or parcel shall be one acre.

      (2)   All storage tanks and loading facilities shall be located at least 50 feet from any nonresidential side or rear property line. The minimum building setback line is 50 feet. All storage tanks and loading facilities shall be located a minimum of 200 feet from any exterior property line bordering a residentially-used or zoned property.

      (3)   Vehicular access to the use shall be provided only by way of a nonresidential collector or higher capacity street or an industrial area access road.

      (4)   Dikes:

         (a)   Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways or drainageways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area;

         (b)   Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid tight and to withstand a full hydraulic head. Earthen dikes three feet or more in height shall have a flat section at the top not less than two feet in width. The slope shall be consistent with the angle of repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than six feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing the tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, empty or full drums or barrels, shall be permitted within the diked area; and

         (c)   Where provision is made for draining rainwater from diked areas, the drains shall normally be kept closed and shall be designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

      (5)   Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the facilities.

      (6)   The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the National Fire Protection Association standards, Flammable and Combustible Liquids Code, NFPA 30 and Standards for the Storage and Handling of Liquefied Petroleum Gases, NFPA 58, as applicable.

      (7)   Facilities must meet all State Department of Environment and Natural Resources and Environmental Protection Agency requirements.

   (B)   Scrap and waste materials; scrap processing; junk yard. All junkyards in the vicinity of interstate and primary highways or within the vicinity of state routes are subject to the Junkyard Control Act, as enforced by the State Department of Transportation.

(Ord. passed 7-25-2011)

   Development standards applicable to particular retail trade uses identified in Table 155-8, Table of Permitted Uses include:

   (A)   Bar, night club, tavern, brewpub.

      (1)   Minimum building setbacks: when abutting a residentially-used or zoned lot, the minimum side and rear setbacks shall be at least 50 feet.

      (2)   Outside serving areas adjacent to a residentially-used or zoned property are prohibited.

      (3)   Noise: the amount of noise generated shall not disrupt the activities of the adjacent land uses and shall comply with the requirements delineated in Chapter 93 of the code of ordinances. Outdoor loudspeakers or public address systems shall not be permitted.

   (B)   Manufactured home sales.

      (1)   Location. A manufactured home sales and display lot shall not be located within 5,000 feet of another manufactured home sales lot.

      (2)   Minimum lot area. The minimum lot area shall be one acre.

      (3)   Building separation. There shall be a 20-foot separation between manufactured homes and between a manufactured home and any other structure.

      (4)   Vehicular access. The use shall have direct access to a collector or higher capacity street.

      (5)   Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.

      (6)   Paved areas. All areas subject to daily or frequent use of vehicles shall be paved.

      (7)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (C)   Merchandise display items (accessory to retail use). Within the H-C district, uses shall be conducted completely within an enclosed building except allowed as follows.

      (1)   Displays or display items shall not be located within four feet of either side of any entrance or exit to a building or within three feet of any corner or side boundary line of the business establishment utilizing the display.

      (2)   Displays or displays items shall not be located in a manner so as to block or impede pedestrian traffic.

   (D)   Restaurant (with drive-through). Drive-through facilities shall be located to the rear or side of the principal building. Canopies for drive-through facilities shall be pitch-roofed consisting of materials and at an angle compatible with the principal building. Stacking of vehicles through the drive-through facility shall meet requirements of the NCDOT - Policy on Street and Driveway Access to NC Highways.

   (E)   Service station, gasoline sales.

      (1)   Automobile storage or repair is not permitted.

      (2)   The use shall not be located within 200 feet of any pre-existing school, playground, church, library or community center as measured from any point of the property line.

      (3)   Buildings, washing stations, gasoline pumps or other stationary equipment shall meet the minimum setback of the required zoning district.

      (4)   Air compressors, hydraulic hoists, pits, greasing and lubrication equipment, auto washing equipment and similar equipment shall be entirely enclosed within a building.

      (5)   All areas subject to daily or frequent use of vehicles shall be paved.

   (F)   Nonresidential (commercial planned development), retail, shopping centers and the like.

      (1)   Coordinated design plan. Exterior building materials, signs and outdoor lighting used in a shopping center development, including outparcels, shall be planned so as to provide a coordinated design scheme for the entire development. The coordinated design plan shall be submitted for review at the time of site plan submission. The coordinated design plan shall include drawings, specifications, dimensions and maps.

      (2)   Architectural rendering. An architectural rendering of the proposed shopping center shall be submitted for review at the time of site plan submission.

      (3)   Outdoor lighting standards. Ninety percent cutoff on pole lighting; a maximum height of 30 feet on all pole lighting; colors and elevation details of poles and fixtures are to be standard aluminum gray or black; no lighting elements shall be directly visible from any public roadway, sidewalk or adjacent property; any floodlighting attached to the building walls shall be angled so as to not cast light directly onto adjacent properties and/or road rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

      (4)   Pedestrian facilities. Sidewalks or paved pedestrian paths shall be provided from the parking lot to the entrances of the principal building(s) to ensure a safe separation of vehicular and pedestrian traffic.

      (5)    Utilities. All structures developed in any shopping center development shall be served by underground utilities.

   (G)   Superstore.

      (1)   Defined. Superstores are defined as freestanding department, variety or general merchandise stores that are in excess of 50,000 square feet of gross floor space.

      (2)   Additional requirements.

         (a)   Vehicular access. The use shall have access to a state or US-numbered highway that has the capacity to accommodate the additional traffic, including truck traffic, projected to be generated by the superstore.

         (b)   Outdoor storage. The outdoor area devoted to the display of retail goods shall be limited to a maximum 15% of the net developable lot area and shall be completely enclosed by a wall and landscaped in accordance with the provisions of Chapter 157. Trailers used for the temporary storage of retail goods shall not be permitted.

         (c)   Architectural rendering. An architectural rendering of the proposed superstore development shall be submitted for review at the time of site plan submission.

         (d)   Pedestrian facilities. Sidewalks or paved pedestrian paths shall be provided from the parking lot to the entrances of the principal building to ensure a safe separation of vehicular and pedestrian traffic.

   (H)   Truck stop/travel plazas.

      (1)   Minimum dimensional requirements. The use shall have a minimum area of one acre and a frontage of not less than 150 feet.

      (2)   Drive-through facilities. Drive-through facilities shall be located to the rear or side of the principal building. Canopies for drive-through facilities shall be pitch-roofed consisting of materials and at an angle compatible with the principal building. Stacking of vehicles through the drive-through facility shall meet requirements of the NCDOT - Policy on Street and Driveway Access to NC Highways.

      (3)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall comply with the requirements delineated in Chapter 93 of the code of ordinances. No outdoor loudspeaker or public address system is permitted where the use abuts a residentially-used or zoned property.

      (1)   The establishment must be a minimum of five hundred (500) feet from any building being used as a dwelling.

      (2)   The establishment must be a minimum of one thousand (1,000) feet from any other business operating as a vape store.

      (3)   The establishment must be a minimum of one thousand (1,000) feet from any established religious institution, synagogue, or church.

      (4)   The establishment must be a minimum of one thousand (1,000) feet from any school, daycare center, library, public park, recreation area or motion picture establishment where "G" or "PG" movies are shown to the general public on a regular basis.

      (5)   The applicant shall submit a site plan that meets Appendix A, and which also shows:

         (a)   All existing and proposed buildings and structures on the site and also shows all existing vape stores, including the size and location of each, within one thousand (1,000) feet of the site; and

         (b)   The property lines of any established religious institutions, synagogues, churches, schools, daycare centers, libraries, public parks, recreation areas or motion picture establishments where "G" or "PG" movies are shown to the general public on a regular basis. A use shall be considered existing or established if it is in existence at the time an application is submitted.

      (6)   Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the vape store is located.

(Ord. passed 7-25-2011; Ord. 25-O-05, passed 12-8-2025)

   Development standards applicable to particular service uses identified in Table 155-8, Table of Permitted Uses include:

   (A)   Cemetery, columbarium or mausoleum (principal use not an accessory use to a church or other place of worship).

      (1)   All applicable requirements of the North Carolina General Statutes and the county concerning the interment of human dead shall be met.

      (2)   No interment shall take place within 20 feet of any property line or public road right-of-way.

      (3)   Buildings for the maintenance, management, rent and/or sale of cemetery lots shall conform to the requirements of the principal use for the district in which located.

      (4)   Adequate off-street lot area shall be provided for funeral processions.

      (5)   The use shall have direct access to a collector or higher capacity street.

   (B)   Funeral home, crematorium.

      (1)   Defined. A facility used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

      (2)   Additional requirements. 

         (a)   The use shall have a minimum area of one acre and a frontage of not less than 150 feet.

         (b)   All applicable requirements of the North Carolina General Statutes and the county concerning the interment of human dead shall be met.

         (c)   Principal access shall be from a collector or higher capacity road.

         (d)   Adequate off-street lot area shall be provided for funeral processions.

         (e)   Crematoriums shall not create noxious fumes, dust, smoke and noise and shall be compliant and registered with the State Board of Mortuary Science.

   (C)   Mini-storage (self-storage).

      (1)   Defined. The use of a wholly enclosed building for the storage of personal property in self-contained, self-storage units, each of which unit has separate and exclusive access from either the exterior or interior of the building.

      (2)   Additional requirements.

         (a)   Drive aisle width between all buildings or structures shall be a minimum of 24 feet in width and allow for movement and circulation of trucks or the transferring of goods and equipment in and around the structures.

         (b)   Site shall be designed for adequate fire suppression and easily accessible for emergency access and shall be designed for adequate turn around areas per State Fire Prevention Code.

         (c)   If applicable, where the mini storage facility has a locked gate, the stacking of vehicles through the gate facility shall meet requirements of the NCDOT - Policy on Street and Driveway Access to NC Highways.

         (d)   Portions of buildings visible from a public street right-of-way shall be sheathed in materials such as wood siding, stone, brick, tilt-up concrete panels and sandstone and tinted/textured concrete masonry units (CMUs) in a low reflective, subtle or neutral color.

         (e)   No outdoor storage of material, equipment, junked vehicles and similar items.

   (D)   Automobile repair services.

      (1)   No motor vehicle parked or stored on the premises shall be located closer than ten feet to the street line.

      (2)   No outdoor servicing, repair or disassembly is allowed.

      (3)   Temporary storage of wrecked or disabled motor vehicles is permitted as an accessory. The date of commencement of storage shall be prominently displayed by the repair shop operator on the windshield of the vehicles, and vehicles shall be stored no longer than 90 days. All motor vehicles shall be stored within a suitably screened enclosure at least six feet high. No more than six vehicles shall be stored on the premises at the time.

      (4)   The entire property shall be kept in a clean, neat and orderly condition.

      (5)   Junkyards, automobile graveyards, disassembly plants or the outside storage of secondhand material for resale are prohibited in any form.

   (E)   Hospital.

      (1)   Minimum development area: two acres

      (2)   Minimum lot area: 8,000 square feet for the first nine patient beds, rooms or suites plus 1,000 square feet for each additional patient bed, room or suite or the minimum lot area requirement for the zoning district, whichever is greater.

      (3)   Vehicular access: principal access shall be from a collector or higher capacity road.

   (F)   Nursing and convalescent home, rest home.

      (1)   Minimum development area: one acre.

      (2)   Minimum lot area: 8,000 square feet for the first nine patient beds, rooms or suites plus 1,000 square feet for each additional patient bed, room or suite or the minimum lot area requirement for the zoning district, whichever is greater.

   (G)   Contractor office with outside storage yard.

      (1)   Use separation: 50 feet minimum from any side or rear property line of any residentially-zoned or used lot.

      (2)   Security fencing: security fencing, a minimum of six feet in height, shall be provided around all outside storage areas.

   (H)   Day care center, adult and child, five or less clients (accessory to a principal residential use). Day care centers providing services to five or less clients are allowed as an accessory use in all residential districts provided the following requirements are met.

      (1)   Day care services may include a care facility established in a residential dwelling where, at any one time, five or less children, receive day care as defined in G.S. § 110-86. Day care services may also include providing adult day care for five or fewer adults on a regular basis for more than two hours per day.

      (2)   The lot shall have sufficient land area to accommodate minimum required parking and loading/unloading areas for the residential dwelling and the day care use.

      (3)   The use shall comply with all state statute and licensing requirements.

      (4)   The additional standards of § 155.0704(B) for home occupations shall also be met.

   (I)   Day care center, adult and child, six to 12 clients (principal use). Day care centers providing services to six to 12 clients are allowed as a principal use provided the following requirements are met: state licensing requirements: the use shall comply with all state statute and licensing requirements.

   (J)   Day care center, adult and child, 13 or more clients (principal use). Day care centers providing services to 13 or more clients are allowed as a principal use provided the requirements are met: state licensing requirements: the use shall comply with all state statute and licensing requirements.

   Development standards applicable to particular cultural, entertainment and recreational uses identified in Table 155-8, Table of Permitted Uses include:

   (A)   Amusement or water parks, fairgrounds.

      (1)   Minimum building setbacks. All buildings and structures shall be a minimum of 500 feet from any residentially-zoned or used lot.

      (2)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the city code of ordinances.

      (3)   Parking. The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

      (4)   Vehicular access. The use shall have direct access to an arterial or higher capacity street.

      (5)   Security fencing. Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the facility.

      (6)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (B)   Athletic fields.

      (1)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the city code of ordinances.

      (2)   Parking. The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

      (3)   Vehicular access. Principal vehicular access must be from a collector or higher capacity road for any facility greater than three acres in size that generates an average daily traffic volume of over 200 or more trips per day.

      (4)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (C)   Auditorium, coliseum or stadium.

      (1)   Minimum development area: five acres.

      (2)   Minimum use separation: arena, auditorium or stadium facilities shall be located a minimum of 500 feet from any adjoining residentially-used or zoned property.

      (3)   Vehicular access to arena, auditorium or stadium facilities shall be from a major thoroughfare road. Access points shall be located so as to minimize vehicular traffic to and through local residential streets.

      (4)   All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (D)   Batting cages, outdoor.

      (1)   Minimum building setbacks. All buildings and structures shall be a minimum of 50 feet from any residentially-zoned or used lot.

      (2)   Minimum lot area. The minimum lot area shall be one acre.

      (3)   Security fencing. Fencing, netting or other control measures shall be provided around three sides of the batting area so as to prevent baseballs from leaving the designated area.

      (4)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

      (5)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the city code of ordinances.

   (E)   Campground/RV park.

      (1)   Additional requirements.

         (a)   The minimum development area of a campground/RV park shall be three acres. A minimum of 15 tent or RV spaces shall be included within the campground/RV park.

         (b)   A campsite shall not be used as a permanent place of abode, dwelling or business for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be presumed to be permanent occupancy.

         (c)   Any action toward removal of wheels of a RV, park model RV or travel trailer except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes shall be prohibited.

         (d)   All campsites proposed for sale shall be recorded with divisions (E)(1)(b) and (c) above as deed restrictions.

         (e)   Accessory uses shall be so designed and developed so as to blend with the park’s design and natural setting. The uses shall be clearly accessory to the principal use as a campground/recreational vehicle park. Accessory uses shall include management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to the operation of the park.

         (f)   Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

         (g)   Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. A soil sedimentation control plan shall be submitted in accordance with Chapter 156.

         (h)   Surface drainage plans for the entire tract shall be reviewed to determine whether the proposed plan is compatible with the surrounding existing drainage pattern and relevant drainage plans, prior to issuance of site plan approval and building permits. No permit shall be issued if compliance with the flood damage prevention standards of Chapter 156 cannot be met or where it is determined that the plan is incompatible with surrounding areas.

      (2)   Dimensional requirements.

         (a)   Maximum density shall be limited to 15 campsites per net acre, excluding public areas, rights-of-way, watercourses and other areas as may be set forth.

         (b)   Individual campsites shall not contain less than 2,800 square feet. To the greatest extent possible, campsites shall be developed to preserve their natural character. The portion of the campsite intended to accommodate a recreational vehicle or tent shall be level and well drained.

         (c)   Recreational vehicles shall be separated from each other and from other structures within the campground/RV park by at least 15 feet. Any accessory structures such as attached awnings, carports or individual storage facilities shall, for the purpose of this separation requirement, be considered part of the recreational vehicle.

         (d)   Recreational vehicle sites and off-street parking spaces shall not be within the setback areas required for main buildings or principal structures.

         (e)   Setback areas for recreational vehicle sites shall contain natural vegetation or be landscaped and shall be used for no other purposes.

         (f)   The minimum setback of any building, structure or recreational vehicle site from a public road right-of-way shall be the same as that required for a principal building in the zoning district in which the park is located.

         (g)   The minimum setback from a private, interior street shall be 20 feet from the edge of pavement.

         (h)   The minimum exterior side property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior side property line setback shall be at least 25 feet.

         (i)   The minimum exterior rear property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior rear property line setback shall be at least 30 feet.

      (3)   Additional access and street requirements.

         (a)   Individual campsites shall not have direct vehicular access to a public street. All campsites shall directly abut and have access to a private, interior road contained within the campground/RV park.

         (b)   Entrance driveways shall be located not closer than 150 feet from the intersection of public roads.

         (c)   Interior access roads shall conform to the construction standards for private streets in Chapter 158. Street plans and profiles shall be submitted with the site plan for review and approval. Streets shall be of sufficient width to accommodate the type and volume of anticipated traffic and, in any case, shall meet the following minimum pavement width requirements:

            1.   One-way with no parking: minimum 15 feet in width; and

            2.   Two-way with no parking: minimum 24 feet in width.

         (d)   Entrances and exits to campgrounds/RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic into and out of the park. An entrance or exit shall not require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the road within: 100 feet where the speed limit is 45 mph; or within 150 feet where the speed limit is over 45 mph or any portion of the approach lane of the access way within 25 feet of its intersection with the right hand of the lane.

      (4)   Additional parking requirements.

         (a)   There shall be at least three off-road parking spaces designated in a campground/RV park for each two campsites. At least one space must be provided on each campsite with any residual spaces provided within 100 feet of the site.

         (b)   Each campsite shall contain a stabilized vehicular parking pad of paving or other suitable material.

         (c)   No more than one recreational vehicle may be parked on an individual campsite.

      (5)   Utility requirements.

         (a)   On-site water or sewer facilities shall not be permitted on any campsite. Proposals for dumping stations and common toilets and restrooms, laundries and baths shall have the approval and be subject to the requirements of the County Health Department and/or the city.

         (b)   All water supply facilities shall have the approval of the city and the State Division of Health Services. All sewer facilities improvements shall have the approval of the city and the State Division of Environmental Management.

         (c)   All water and sewer improvements within the campground/RV park shall comply with the State Building Code for Plumbing.

   (F)   Electronic gaming operations.

      (1)   Defined. Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of the distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, phone tree game machines, beach sweepstakes or cybercafés. This does not include any lottery approved by the state.

      (2)   Additional requirements.

         (a)   The maximum number of machines/terminals/computers for any electronic gaming operation business is 20.

         (b)   If food or beverage is served, the establishment must meet the requirements of the County Health Department, including any and all necessary permits and/or licenses.

         (c)   The establishment must be a minimum of 500 feet from any building being used as a dwelling.

         (d)   The establishment must be a minimum of 1,000 feet from any other organization engaged in an electronic gaming operations business.

         (e)   The establishment must be a minimum of 1,000 feet from any established religious institution/synagogue, school, daycare center/home, library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis.

         (f)   The applicant shall submit a site plan that meets Appendix A, and which also shows:

            1.   All existing and proposed buildings and structures on the site and also shows all existing electronic gaming businesses, including the size and location of each, within 1,000 feet of the site; and

            2.   The property lines of any established religious institution/synagogue, school, daycare center/home; library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis that is within 1,000 feet of the site. A use shall be considered EXISTING or ESTABLISHED if it is in existence at the time an application is submitted.

         (g)   Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the internet café/ sweepstakes business is located.

   (G)   Go-cart raceway.

      (1)   Minimum property setbacks. All buildings and structures, including raceways, shall be a minimum of 500 feet from any lot.

      (2)   Vehicular access. The use shall have direct access to an arterial or higher capacity street.

      (3)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (4)   Security fencing. Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the facility.

      (5)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (H)   Private club or recreational facility, other.

      (1)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the city code of ordinances.

      (2)   Parking. The permit issuing authority shall not grant the permit unless it finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

      (3)   Vehicular access. Principal vehicular access must be from a collector or higher capacity road for any facility greater than three acres in size that generates an average daily traffic volume of over 200 or more trips per day.

      (4)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

      (5)   Setbacks: All activities and facilities shall be located at least 30 feet from any property line.

   (I)   Public park or recreational facility, other.

      (1)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the city code of ordinances.

      (2)   Parking. The permit issuing authority shall not grant the permit unless it finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

      (3)   Vehicular access. Principal vehicular access must be from a collector or higher capacity road for any facility greater than three acres in size that generates an average daily traffic volume of over 200 or more trips per day.

      (4)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

      (5)   Setbacks. All activities and facilities shall be located at least 30 feet from any property line.

   (J)   Race track operation.

      (1)   Minimum site area. The minimum site area shall be 40 acres.

      (2)   Minimum property setbacks. All buildings and structures, including raceways, shall be a minimum of 500 feet from any residentially-zoned or used lot.

      (3)   Vehicular access. The use shall have direct access to an arterial or higher capacity street.

      (4)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (5)   Security fencing. Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the facility.

      (6)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

      (7)   Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.

      (8)   Parking. The permit-issuing authority shall not grant the permit unless the authority finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

   (K)   Riding academy, riding stables, equestrian facility.

      (1)   Minimum lot area. The minimum development area shall be three acres. Parcels shall contain the following minimum lot area for horses kept on the property: two acres of gross lot area for one horse and one acre for each additional horse.

      (2)   Use separation. There shall be minimum 200-foot distance between manure storage areas, barns or stables and any adjacent residentially-zoned property.

      (3)   Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (4)   Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.

      (5)   Outdoor lighting. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

   (L)   Shooting range, indoor. The facility shall, to the maximum extent feasible, be designed to absorb sound and shall be designed to meet the standards for indoor shooting ranges as established by the National Rifle Association.

   (M)   Shooting range, outdoor. The facility shall, to the maximum extent feasible, be designed to absorb sound and shall be designed to meet the standards for outdoor shooting ranges as established by the National Rifle Association.

      (1)   No structure or operational activity shall be located within 50 feet of a public street right-of-way.

      (2)   The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (3)   All outdoor shooting ranges shall be established with the line of fire perpendicular to and away from a road right-of-way. The line of fire is a line which passes through the firing point and bisects the target. The backstop or target area shall be located not less than 500 feet from the street right-of-way.

      (4)   Sites adjacent to more than one street right-of-way must designate the higher classified street as the front, and set the line of fire perpendicular thereto. Any resultant line of fire parallel to a street must be a minimum distance of 200 feet from and parallel to the street right-of-way.

      (5)   Operation:

            1.   All backstops shall be constructed a minimum of 500 feet from a residence located to the rear and/or side of the backstop. The design of the backstop shall be as approved by the National Rifle Association (NRA).

            2.   The firearms used in outdoor shooting ranges shall be approved by the NRA and the Bureau of Alcohol, Tobacco and Firearms.

            3.   The operators of the outdoor shooting range shall be responsible for maintaining adequate fire protection.

      (6)   The Zoning Administrator shall coordinate the review of a request for an outdoor shooting range with the City Police Department and/or the County Sheriff’s Department.

   (N)   Projection screen theater, outdoor.

      (1)   No part of any theater screen, projection booth or other building shall be located closer than 500 feet to any residential district or closer than 50 feet to any property line or public right-of-way.

      (2)   A parking space shall not be located closer than 100 feet to any residential district.

      (3)   The theater screen (patron viewing side) shall not be visible from a major street or highway.

      (4)   The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (5)   All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3 onto adjacent residential sites and 1.0 onto adjacent nonresidential sites and public rights-of-way. Outdoor lighting shall comply with the standards delineated in Chapter 157.

(Ord. passed 7-25-2011)

   Development standards applicable to particular agricultural, veterinary and pet services, and forestry, fishing and mining uses identified in Table 155-8, Table of Permitted Uses include the following:

   (A)   Livestock farming and commercial feeder/breeder operations.

      (1)   The minimum site area shall be ten acres.

      (2)   All structures, buildings or enclosed areas used for housing poultry, cattle or other livestock shall be a minimum of 300 feet from all property lines.

      (3)   Waste lagoons shall be at least 750 feet from any public building or house.

      (4)   Regulations specifically applicable to swine operations are found in G.S. § 106-800 and may impose stricter requirements which preempt the setbacks in divisions (A)(2) and (3) above.

      (5)   The applicant shall submit a plan indicating the procedures and process for litter and dead animal disposal. The plan may be used by the city to monitor compliance with the requirements of the special use permit, if approved.

      (6)   The applicant shall obtain a letter from the applicable County Health Department, which shall be presented as evidence at the hearing, stating the applicant has reviewed state and county requirements for operation of a feeder-type facility and understands the health requirements that must be met, including any and all regulations adopted by the state or the county after the adoption of this zoning provision. Any violation of a state or county health regulation shall be considered a violation of the UDO.

   (B)   Kennels with outside runs.

      (1)   The minimum site area shall be one acre.

      (2)   Pens and runs located outdoors shall be located a minimum of 100 feet from any residentially-zoned or used lot and shall be screened in accordance with the standards of Chapter 157. Outdoor runs shall have a concrete floor, drains shall be provided every ten feet, and drains shall be connected to an approved sanitary facility. Three sides of each run must have four foot high walls of block or concrete. The open side of the run must be screened from the view of the public.

      (3)   The amount of noise generated by the use shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.

      (4)   The permit shall comply with all federal, state and local regulations and authority.

   (C)   Mining, quarrying, sand pits and mineral extraction.

      (1)   Use separation.

         (a)   The edges of any pit where a mining operation is taking place and any equipment used in the processing of rock and gravel, any asphalt plant or other industrial uses operated in conjunction with the mine or quarry shall be located at least 300 feet from any property line.

         (b)   Where the mining operation site is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and the operation or as allowed by North Carolina Railroad (NCRR).

      (2)   Vehicular access. The use shall have direct access to a state or U.S.-numbered highway or industrial area access road that has the capacity to accommodate the additional traffic, including truck traffic, projected to be generated by the use.

      (3)   Mining permit. A valid state-issued mining permit must be obtained.

(Ord. passed 7-25-2011)

   Development standards applicable to particular undeveloped land and water areas identified in Table 155-8, Table of Permitted Uses include the following:

   (A)   (Reserved).

   (B)   (Reserved).

(Ord. passed 7-25-2011)

   Development standards applicable to particular residential districts and uses identified in Table 155-8, Table of Permitted Uses and Table 155-9, Table of Density and Dimensional Requirements, and defined in Chapter 163 include the following.

   (A)   Manufactured home on individual lot, not in park.

      (1)   Manufactured homes on individual lots that are not located in a planned manufactured housing community may be permitted in the R-A and R-20A Residential Districts with a special use permit and are permitted in the R-MH Residential District.

      (2)   Additional site design requirements. Manufactured homes shall comply with the permit, registration and set-up standards of § 155.04(C)(1).

   (B)   Zero lot line detached home.

      (1)   Defined. A ZERO LOT LINE DETACHED HOME shall be a single-family residence on an individual lot, where the building is set on one of the side property lines, with a maintenance easement on the adjoining lot.

      (2)   Additional site development requirements.

         (a)   Zero side setbacks and proposed building locations must be delineated on the approved subdivision plat.

         (b)   The subdivision shall be designated as a zero lot line subdivision on the plat at the time of approval.

         (c)   Setbacks of zero feet are permitted only where the lots on both of the affected lot lines are part of a zero side setback development.

         (d)   A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the zero setback lot line.

         (e)   Whenever one side setback is zero, the minimum setback on the opposite side of the same lot shall be twice the minimum side setback required by the UDO for the zoning district in which the development is located.

         (f)   If the side wall of the structure is located on or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. However, windows such as clerestory or translucent windows that do not allow visibility into the side yard of the adjacent lot shall be allowed.

         (g)   The opposite side yard shall be maintained clear of any obstructions other than a three-foot eaves encroachment, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed six feet in height.

         (h)   The zero lot line side must not be adjacent to a road right-of-way.

         (i)   A maintenance easement of ten feet in width must be obtained on the lot adjacent to the zero lot line side.

      (3)   Dimensional requirements. Zero Lot line homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows: minimum lot area shall be 7,000 square feet.

   (C)   Semi-attached (duplex) home.

      (1)   Defined. A SEMI-ATTACHED DUPLEX HOME is a type of single-family dwelling, semi-attached to another single-family dwelling, each located on their own separate fee-simple lots, but which share a common wall along the shared lot line. Each dwelling unit is a separate unit from ground to roof with only one wall in common between units.

      (2)   Additional site development requirements.

         (a)   Proposed building locations must be delineated on the approved subdivision plat.

         (b)   The subdivision shall be designated as a semi-attached, duplex home subdivision on the plat at the time of approval.

      (3)   Dimensional requirements. Semi-attached/duplex homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9 except as follows in Table 155-2:

 

 

   (D)   Multiplex attached home.

      (1)   Defined. A MULTIPLEX HOME is an attached residence containing three to four dwelling units in a single structure on a single lot. Units within multiplex structures may be arranged side to side, back to back or vertically.

      (2)   Additional site development requirements. Proposed building locations must be delineated on the approved subdivision plat.

      (3)   Dimensional requirements. Multiplex homes shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-3:

 

 

         (a)   In addition to the minimum setbacks of the applicable zoning district, the following shall apply: from parking areas or driveways: 20 feet.

         (b)   Minimum building separation: 25 feet.

   (E)   Townhouse dwelling.

      (1)   Defined. A TOWNHOUSE DWELLING is a single-family attached dwelling where each dwelling unit extends from ground to roof, where the units are lined up in a row and share side walls. A townhouse dwelling contains two or more units intended for owner occupancy, where ownership of the land beneath each unit runs with that unit, where units and the individually owned lands on which they rest do not meet conventional lot requirements for street frontage and yard sizes, and where walls between the units are constructed in accordance with State Building Code.

      (2)   Dimensional requirements. Townhouse dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-4:

 

 

         (a)   Minimum lot width shall be 18 feet; and

         (b)   Minimum building separation: 25 feet.

      (3)   Common areas.

         (a)   Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.

         (b)   Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

         (c)   All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.

      (4)   Additional site development requirements.

         (a)   Rows of attached dwellings shall not exceed ten units and shall average no more than eight dwellings per structure in the overall development.

         (b)   Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.

         (c)   Private drives are allowed to connect parking areas and groups of townhouse units to public streets. These drives shall be constructed to the same standards as public streets except that the minimum pavement width shall be 20 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A T-turnaround shall be provided for drives of less than 100 feet in length; a 70-foot diameter cul-de-sac is required for longer drives.

      (5)   Additional site plan and plat requirements.

         (a)   Proposed building locations must be delineated on the approved subdivision plat.

         (b)   The site plan shall show the location of the buildings, streets, alleys, walkways, parking area, recreational areas and facilities, numbered and dimensioned residential sites and common areas within the site and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.

   (F)   Multi-family dwelling/apartment complex.

      (1)   Defined. MULTI-FAMILY DWELLINGS are where multiple separate housing units for residential inhabitants are contained within one building. Multi-family dwelling units are intended for renter occupancy and include no land or common ownership as an incidence of occupancy. When there are ten or more units in the building, the multi-family dwellings are referred to as apartments. The individual units can be mixed horizontally or vertically.

      (2)   Dimensional requirements. Multi-family/apartment dwellings shall comply with the dimensional requirements pursuant to Table 155-9.

      (3)   Additional site development requirements.

         (a)   Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.

         (b)   Private drives are allowed to connect parking areas and groups of multi-family units to public streets. These drives shall be constructed to the same standards as public streets and a minimum pavement width shall be 24 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A turnaround shall be provided for all drives that dead end within the development.

         (c)   There shall be no direct vehicular access from an individual dwelling unit to a collector or higher capacity public street.

      (4)   Additional site plan requirements. The site plan shall show the location of the buildings, streets, alleys, walkways, parking areas, recreational areas and facilities within the site, and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.

      (5)   Placement of buildings.

         (a)   There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.

         (b)   Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.

   (G)   Condominium.

      (1)    Defined. CONDOMINIUM DWELLINGS are dwellings located within a building or complex in which units of property are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners. The ownership of the occupancy rights to the dwelling unit is individually owned or for sale to any individual and the ownership is not inclusive of any land. The individual units can be mixed horizontally or vertically.

      (2)   Dimensional requirements.

         (a)   Condominium dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-5:

 

 

         (b)   Minimum on-site building separation: 25 feet.

      (3)   Common areas.

         (a)   Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.

         (b)   Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.

         (c)   All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.

      (4)   Plans and declaration. Before a declaration establishing a unit ownership development may be recorded in the office of the County Register of Deeds as prescribed in the State Unit Ownership Act, the draft declaration shall be submitted along with a site plan and drawings describing the following: the plan of proposed development shall be prepared to meet the current requirements of the city, and shall contain all items required in Appendix A for site plans, as well as the following additional elements:

         (a)   The unit designation of each unit and a statement of its location, approximate area, number of rooms and immediate common area to which it has access and any other data necessary for its proper identification;

         (b)   Description of the general common areas and facilities as defined in the State Ownership Act and the proportionate interest of each unit owner therein;

         (c)   Description of all boundary lines between portions of the structures designed for different ownership;

         (d)   Description of all garages, balconies, patios and the like, which are part of each unit; and

         (e)   Description of any special common areas and facilities stating what units will share the same and in what proportion.

      (5)   Placement of buildings.

         (a)   There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.

         (b)   Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.

   (H)   Planned manufactured housing subdivision.

      (1)    Definition. A subdivision containing two or more building lots that are specifically designed to be sold for residential occupancy by manufactured home owners.

      (2)    Permitted. Manufactured homes not subject to § 155.0703(A) may be permitted on individual lots in a planned manufactured housing subdivision created by approved subdivision within the R-MH Residential District.

      (3)    Additional plat requirements.

         (a)   The subdivision shall be designated as a planned manufactured housing subdivision on the plat at the time of approval.

         (b)   All manufactured housing subdivisions shall have a common area of at least 15% or 4,000 square feet in area, whichever is greater.

         (c)   Manufactured homes on individual lots within planned manufactured housing subdivision shall comply with the permit, registration and set-up standards of § 155.04(C)(1).

         (d)   The corners of all lots within the subdivision shall be clearly posted by permanent markers which shall be maintained.

      (4)   Dimensional requirements. Manufactured homes on individual lots within a planned manufactured home subdivision shall comply with the density and dimensional requirements pursuant to Table 155-9. In addition, these manufactured homes shall:

         (a)   Have the towing apparatus, wheels, axis and transporting lights removed;

         (b)   Have the longest axis oriented parallel or within a ten degree deflection of being parallel to the lot frontage;

         (c)   Be set up with a continuous, permanent masonry foundation or masonry curtain wall installed under the perimeter, unpierced except for required ventilation and access, constructed in accordance with the standards of the State Building Code for One-and Two-Family Dwellings;