10.1-1.

Purpose. Certain uses provide services and benefits for residents of and visitors to the Town of Jamestown. The convenient location of these uses is necessary to their success and the function of the community. Due to the potential impacts of theses uses, certain additional standards are necessary to ensure that they do not adversely impact neighboring uses or the community as a whole. This section identifies the uses that require additional standards and establishes the standards they must meet.

10.1-2.

Standards Established. The following uses with additional standards and the standards they must meet are hereby established.

10.1-3.

Accessory Dwelling Units.

(A)

Zoning districts: AG, SFR, RMST, MSP, TND

(B)

Development standards:

1.

One accessory dwelling unit shall be permitted only on a lot containing a single dwelling unit (the principal dwelling) and conforming accessory structures in any single-family zoning district.

2.

The accessory dwelling unit shall not be considered a separate unit for the purpose of determining minimum lot size or maximum density.

3.

Home occupations shall not be located within the accessory dwelling unit.

4.

The maximum gross floor area for the accessory dwelling unit shall be 750 square feet or 25 percent of the gross floor area of the principal structure, whichever is greater. In no case shall the gross floor area of the accessory dwelling unit exceed 1,200 square feet, nor shall the size of the accessory dwelling unit exceed 50 percent of the gross floor area of the principal dwelling unit.

5.

The accessory dwelling unit may be located within same structure as the principal dwelling unit, or it may be a separate structure. If within the same structure as the principal dwelling unit, the accessory dwelling unit may have a separate entrance. If the accessory dwelling unit is located in a separate structure, the following standards shall apply:

a.

The accessory structure housing the accessory dwelling unit must be located behind the principal dwelling. On corner lots, the accessory structure housing the accessory dwelling unit may be located on the corner street side of and behind the principal dwelling, but must be oriented to the front street (same orientation as principal dwelling).

b.

Vehicular access to the accessory dwelling unit shall be via the same drive that provides access to the principal structure unless the accessory dwelling unit is located on a corner or through lot. If located on a corner or through lot, a secondary drive may provide access to the accessory dwelling unit, but the secondary drive shall not be on the same street as the drive providing access to the principal dwelling.

6.

One parking space shall be provided for the accessory dwelling unit. The parking space shall be located in the same area as the parking provided for the principal dwelling unit unless the lot is a corner or through lot and a separate drive provides access to the accessory dwelling unit.

7.

The design and construction of the accessory structure housing the accessory dwelling unit shall be compatible with the design and construction of the principal dwelling unit. To ensure compatibility, the following standards shall be met:

a.

The design of the accessory structure housing the accessory dwelling unit shall be of the same architectural style as that of the principal dwelling unit.

b.

The roof style and pitch of the accessory structure housing the accessory dwelling unit shall be the same as that of the principal dwelling unit.

c.

The exterior building materials used for the accessory structure housing the accessory dwelling unit shall be the same as those used for the principal dwelling unit. When the principal dwelling unit is predominantly brick or stone, the use of smooth wood or fibrous cement siding for the accessory structure housing the accessory dwelling unit is appropriate to reinforce the ancillary and secondary nature of the accessory dwelling unit.

d.

Windows and doors used for the accessory structure housing the accessory dwelling unit shall be the same style and design as those used for the principal dwelling unit. Window and door placement (fenestration) on the accessory structure housing the accessory dwelling unit shall mimic that of the principal dwelling unit.

e.

Exterior paint colors for the accessory structure housing the accessory dwelling unit shall be the same as (or complementary to) those for the principal dwelling unit.

8.

The use of manufactured dwellings, mobile homes, travel trailers, campers, or similar units as an accessory dwelling unit is prohibited.

9.

The accessory dwelling unit shall not be sold separately from the principal dwelling unit.

10.1-4.

Automobile Repair Service.

(A)

Zoning districts: MSP, C/MST, C, B

(B)

Development standards:

1.

Vehicles awaiting repair shall not be parked in front of the building.

2.

No automobile work areas are to be located in front of building.

3.

All auto work areas shall be screened from adjacent uses with a six-foot tall opaque fence and a type D buffer; plantings shall be on the exterior side of the fence.

10.1-5.

Automobile Towing and Storage Service.

(A)

Zoning district: IND

(B)

Development standards:

1.

No more than 30 automobiles shall be stored at an automobile towing and storage service at a time.

2.

The automotive storage area must be screened with a six-foot-tall opaque fence and a type C buffer; plantings shall be on the exterior side of the fence.

3.

No outdoor disassembly or salvaging is permitted.

10.1-6.

Bank, Savings and Loan, Credit Union.

(A)

Zoning districts: MSP, MS, TND

(B)

Development standards:

1.

Drive-through facilities shall be located at the rear of the building.

2.

No more than two drive-through lanes shall be permitted.

3.

Drive-through facilities shall be screened from adjacent uses with a type D buffer.

4.

ATM may be located at side or front of building only if a walk-up facility.

10.1-7.

Banquet or Special Events Facility.

(A)

Zoning districts: C/MST, MSP, MS, C, B (Bypass), TND

(B)

Development standards:

1.

Hours of operation: 7:00 a.m.—1:00 a.m.;

2.

Food preparation: Unless the property is zoned for restaurant use, all food must be prepared off-site, but may be assembled in a Guilford County Public Health Department-approved "catering" or "warming" kitchen;

3.

The user must follow state of North Carolina laws for alcohol sales and/or consumption;

4.

Event durations are not to exceed one week;

5.

Outdoor event areas may not be located within 250 feet of adjacent residentially zoned or used property; and

6.

The operations and use must adhere to the Town's noise ordinance regulations (Title IX General Regulations Chapter 94) and any other applicable Town ordinances.

10.1-8.

Batting Cages, Outdoor.

(A)

Zoning districts: C, B, TND

(B)

Development standards:

1.

Fencing, netting, or other control measures shall be provided around the perimeter of the batting area to prevent balls from leaving the area.

2.

Hours of operation 7:00 a.m.—10:00 p.m.

10.1-9.

Bed and Breakfast (Tourist Home).

(A)

Zoning districts: SFR, AG, RMST, MS, MSP, CMST, C, B, TND

(B)

Development standards:

1.

Bed and breakfast establishments (tourist homes) shall be located a minimum of 500 feet from other bed and breakfast establishments (tourist homes). In calculating the 500-foot distance between bed and breakfast establishments (tourist homes), measurements shall be taken from the closest property line of the existing bed and breakfast establishment (tourist home) lot to the closest property line of the lot of the proposed bed and breakfast establishment (tourist home). Existing, legally established bed and breakfast establishments (tourist homes) that do not meet this separation requirement of 500 feet are permitted to expand within the subject property to the maximum limits allowed under this article, as long as all applicable development standards are met.

2.

The owner shall reside on the property.

3.

The minimum lot area for a bed and breakfast establishment (tourist home) shall be 20,000 square feet.

4.

The maximum number of guest rooms provided by the bed and breakfast establishment (tourist home) shall be eight.

5.

Accessory structures shall not be utilized for guest accommodation purposes as part of a bed and breakfast establishment (tourist home).

6.

Passive recreation-related outdoor activities such as tea-time are allowed outside the principal structure or any accessory structure(s), but all other activities and functions designed to serve and entertain guests shall take place only within the principal structure.

7.

The length of stay of guests shall not exceed 14 days.

8.

No home of less than 3,000 heated square feet shall be used for a bed and breakfast establishment (tourist home).

9.

Off-street parking shall be provided as required by Article 12 of this ordinance. Parking shall be located on the same lot on which the bed and breakfast establishment (tourist home) is located, at the rear of the lot and screened with a type C buffer from adjacent properties and from the street.

10.

Signage shall be limited to a single sign, not to exceed eight square feet, with a maximum height of four feet. The sign shall be located in the front yard and, if lit, shall be indirectly lighted.

11.

Exterior lighting shall be residential in nature and shall not be directed towards adjacent properties.

12.

Activities and functions at the bed and breakfast establishment (tourist home) shall be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment. No commercial activities other than providing lodging for registered guests shall be permitted.

13.

The construction and operation of the bed and breakfast establishment (tourist home) shall comply with N.C. State Building Code requirements.

10.1-10.

Car Wash.

(A)

Zoning districts: C, B, C/MST

(B)

Development standards:

1.

Building(s) shall be at least 75 feet from any interior side or rear property line which adjoins property zoned for residential or mixed use. A minimum six-foot-high opaque fence and a type buffer shall be provided adjacent to all property zoned for residential or mixed use, with the plantings on the exterior side of the fence.

2.

All washing operations shall be contained in a building.

3.

Specific areas shall be provided for the manual drying, waxing, polishing and vacuuming of vehicles where these services are offered on the site. These areas shall not conflict with on-site circulation patterns.

4.

The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.

5.

Hours of operation shall be between 8:00 a.m. and 8:00 p.m. when adjoining developed residentially zoned property.

6.

Adequate provision shall be made for the safe and efficient disposal and/or recycling of waste products and runoff.

10.1-11.

Cemetery or Mausoleum.

(A)

Zoning districts: AG, SFR, RMST, CDO, SCO, INST, C, TND

(B)

Development standards:

1.

A minimum of three contiguous acres shall be required to establish a cemetery or mausoleum not located on the same tract of land as a church.

2.

Principal access must be from a collector street or higher capacity street.

3.

Tombstones, crypts, monuments and mausoleums must be located at least 25 feet from any street right-of-way line or abutting property.

4.

Buildings for maintenance, management, rent and /or sale of cemetery lots must conform to a building type permitted in the zoning district.

10.1-12.

Church, Synagogue, Place of Worship.

(A)

Zoning districts: SFR, RMST, CDO, TND (Permitted as use by right in all other districts).

(B)

Development standards:

1.

Churches, synagogues, and other places of worship shall meet the standards for civic building and lot types.

2.

Exterior lighting shall be directed or screened so as to protect the privacy of the private living areas and associated open spaces of adjacent residential properties. All exterior lighting shall be full cut-off fixtures.

3.

Accessory dwelling units for persons associated with or employed by the church, synagogue, or place of worship may be provided at a ratio of one unit for each one acre of site; these limits do not apply to the placement of convents, rectories, parsonages or similar uses on the site.

4.

Accessory uses such as religious institution offices, religious bookstores serving the immediate congregation, parking lots, family life centers, multi-purpose facilities, outdoor recreational facilities, cemeteries and day care centers on the same site or sites contiguous to the principal use shall be permitted wherever religious institutions are permitted and shall meet the civic building and lot type, or another building and lot type permitted in the zoning district. Similar uses on non-contiguous sites or on a site separated from the principal use by a public street shall be considered principal uses in their own right and be regulated as such. Tombstones, crypts, monuments and mausoleums in accessory cemeteries shall be located at least 25 feet from any street right-of-way line or abutting property.

5.

Religious institution accessory uses which are not permitted as principal uses in a district shall adhere to the following restrictions:

a.

No merchandise or merchandise display shall be visible from outside the building;

b.

No business or identification sign exceeding six square feet pertaining to the accessory uses shall be visible from outside the building.

6.

Except as noted in subsection 10.1-11(B)4. above, accessory uses not permitted as principal uses (including television stations, radio stations, and/or sports complexes) are prohibited. This provision shall in no way restrict accessory use family life centers and multipurpose facilities, a part of whose function may include recreation and sports activities.

7.

Application for a zoning permit shall include a comprehensive site plan that addresses the required standards for the main site and all abutting holdings.

10.1-13.

Club or Lodge.

(A)

Zoning districts: C/MST

(B)

Development standards:

1.

Building(s) must conform to a building type permitted in the zoning district.

2.

Activities and events at the club or lodge shall occur between the hours of 8:00 a.m. and 12:00 midnight.

3.

Access shall be from a collector or higher capacity street.

10.1-14.

Country Club with Golf Course.

(A)

Zoning districts: SFR, RMST, CDO

(B)

Development standards:

1.

Building(s) must conform to a building type permitted in the zoning district.

2.

Parking shall be screened from residential and mixed-use districts with a type C buffer.

3.

Exterior lighting shall be directed or screened so as to protect the privacy of the private living areas and associated open spaces of adjacent residential properties. All exterior lighting shall be full cut-off fixtures.

4.

No outdoor activity shall continue past the hour of 9:00 p.m.

10.1-15.

Day Care Center for Children or Adults (six or more).

(A)

Zoning districts: MSP, MS, C, B, C/MST, INST, TND

(B)

Development standards:

1.

A center must meet a permitted building and lot type for the district in which it is to be located.

2.

Day care centers for children must provide play space in accordance with the regulations of North Carolina Department of Human Resources. The outdoor play space must be enclosed on all sides by building, and/or permitted types of walls or fences; it may not include driveways, parking areas, or land otherwise unsuited for children's play space; play space may not be in the established front yard.

3.

There is no limit on the hours of operation of an adult day care center, but it shall not serve any client on a continuous 24-hour basis.

10.1-16.

Day Care Center, Home Occupation for Less Than Six Children.

(A)

Zoning districts: AG, SFR, RMST, CDO, MSP, C/MST, TND

(B)

Development standards:

1.

The day care operation must be located within the residential dwelling unit occupied by the operator of the service. Preschool instruction and daytime care are limited to six children not related to the operator.

2.

Play space must be provided in accordance with the regulations of the North Carolina Department of Human Resources.

3.

Outdoor play space must be fenced or otherwise enclosed on all sides and may not include driveways, parking areas, or land otherwise unsuited for children's play space; it is prohibited in any established building setback from a street.

4.

No chain link fences shall be permitted in the front yard. Chain link and similar fencing materials located in the side and rear yards shall be planted on the exterior side with evergreen shrubs minimum three feet in height and six feet on center at installation or be obscured by a comparable screening treatment.

5.

A day care center, home occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

6.

There are no specific limitations on the hours of operation of a day care home, but no outdoor play shall be permitted after sundown.

10.1-17.

Dormitories.

(A)

Zoning district: CIV

(B)

Development standards:

1.

Must be located on the campus of secondary or post-secondary school.

2.

The dormitories must be administered/managed by the secondary or post-secondary school on whose campus they are located.

3.

Buildings shall comply with the building type standards permitted in the Civic District.

10.1-17(a)

Electronic Gaming Operation.

(A)

Zoning district: IND

(B)

Development standards:

1.

Separation from certain uses. No electronic gaming operation shall be located within one-half mile in any direction from any other electronic gaming operation. This required separation shall apply whether the above uses are principal or accessory uses.

All measurements in this section shall be from the outer building walls of the proposed use to the nearest property line of the above specified uses, and such measurement shall be in a straight line without regard to intervening structures.

2.

Hours of operation, access and visibility. No electronic gaming operations shall engage in business prior to 8:00 a.m. or after 12:00 midnight, Monday through Saturday and not prior to 12:00 p.m. or after 12:00 midnight on Sunday. During hours of operation, electronic gaming operations shall be open for direct, unobstructed access by police, fire and emergency response personnel. All entrance doors shall remain unlocked while patrons are on the premises. All electronic gaming operations terminals, computers, machines, and/or gaming stations shall be open and visible from the exterior front of the establishment.

3.

Age restrictions. No person or entity engaged in electronic gaming operations shall allow, permit or condone any person under the age of 18 to be upon the premises while patrons are engaged in electronic gaming operations.

4.

Signage. Signage shall meet all the requirements of Article 17 signage and the following requirements. No signs shall be posted on the windows of the property which are visible from the exterior of the development. No neon or other effects which simulate the appearance of neon, nor any flashing, chasing, undulated, or other variable lighting effects shall be used in connection with any use hereunder where such lighting effect would be visible from the exterior of the establishment. All rules of the electronic games shall be displayed prominently within the establishment.

5.

Parking. Parking shall be provided at the maximum rate of one space per full time employee plus one space per gaming terminal and/or electronic gaming machine in the establishment, and a minimum of one space per full time employee plus three-quarters space per gaming terminal/electronic machine in the establishment, and in accordance with Article 12 Parking.

6.

Maximum number of terminals. The maximum number of terminals, computers, machines, and/or gaming stations permitted within an electronic gaming operation is 15.

10.1-18.

Drive Through Window as Accessory Use.

(A)

Zoning districts: MSP, C, B, C/MST, TND

(B)

Development standards:

1.

Drive-through service windows, stacking lanes, and circulation are prohibited in the established front setback of the principal building, or in an established side yard which abuts a street.

2.

Drive-through service windows, stacking lanes, and circulation are treated as components of on-site parking for the purposes of buffering.

3.

The length of on-site stacking lane(s), taken together, shall be a minimum of 200 feet if window access is provided directly from a major or minor thoroughfare; a minimum of 100 feet if window access is provided directly from a street of lesser capacity.

4.

The drive-through lane(s) must be distinctly marked by special striping, pavement markings, or traffic islands. A separate circulation drive must be provided for passage around and escape from the outermost drive-through service lane.

5.

Buffering is not required for walk-up service accessories such as depositories and ATMs.

10.1-19.

Golf Course (see Country Club with Golf Course).

10.1-20.

Golf Driving Range.

(A)

Zoning districts: C, B

(B)

Development standards:

1.

Fencing, netting, or other control measures shall be provided around the perimeter of the driving range to prevent balls from leaving the area.

10.1-21.

Go-Cart Raceway.

(A)

Zoning district: IND

(B)

Development standards:

1.

A minimum separation of 30 feet, fully vegetated, shall be provided between any use area and any abutting property line. The vegetation shall form a permanent semi-opaque screen between the use area and adjacent property.

2.

Any use area shall be located a minimum of 200 feet from any residential or mixed-use district.

3.

The site shall be screened from the street(s) by a masonry wall or a solid wood fence, planted on the exterior side with a semi-opaque vegetative screen with expected height of at least eight feet at maturity; if security fencing of chain link or similar material is provided, it shall be placed on the interior side of the vegetation and wall or fence.

4.

The hours of operation will be no earlier than 8:00 a.m. and no later than 11:00 p.m.

10.1-22.

Home Occupation.

(A)

Zoning districts: AG, SFR, RMST, CDO, SCO, MS, MSP, C/MST, C, B, TND

(B)

Development standards:

1.

No display of goods, products, or services, or other advertising shall be visible from outside the dwelling, except that home occupations shall be allowed one attached sign that shall not exceed four square feet per face, with no more than two faces per sign, and such sign shall not be illuminated.

2.

Home occupations shall be principally conducted by residents of the dwelling. However, a maximum of one full-time equivalent non-resident of the dwelling may be employed as part of the home occupation.

3.

On premise retail sales shall not be a component of the home occupation.

4.

A maximum of 25 percent of the gross floor area of the dwelling unit may be used for the home occupation. If the home occupation is housed in an accessory structure, the square footage of the accessory structure shall not exceed 25 percent of the square footage of the principal structure (home).

5.

Only one vehicle principally used in connection with the home occupation shall be parked or stored on premise. Such a vehicle shall not display any signage designed to be visible beyond the property boundaries. Where possible, such vehicle shall be parked in an enclosed garage when not in business use.

6.

No equipment or process shall be used in connection with the home occupation that creates noise, vibrations, glare, fumes, odors, or electrical interference off premises.

7.

In addition to required parking as stipulated in Article 12, one additional off street parking space shall be provided for use in conjunction with the home occupation.

8.

Instruction in music, dancing, art, or similar subjects shall be limited to no more than five students at one time.

The home occupation shall not materially increase the traffic that is found in its vicinity when the use is not in operation. Pursuant to this requirement, a maximum of six individuals per day may visit the home occupation with the exception of the instruction occupations addressed in Section 10.1-21.B(8) above.

10.1-23.

Junked Motor Vehicle Storage as Accessory Use.

(A)

Zoning districts: AG, SFR, RMST, CDO, MS, MSP, C, B, C/MST, CIV, IND, TND

(B)

Development standards:

1.

Any vehicle meeting the definition of "motor vehicle, junked" shall be stored or placed in the side or rear yard of the property in such a manner so as to be totally screened from view from any street and/or from any adjacent residential, mixed use, or civic zoned property. Total screening shall be provided by placement of the vehicle behind a building and/or by plant materials, fences, berms, or a combination thereof with a minimum height of six feet.

2.

Open storage of more than one such vehicle shall require classification as a junkyard, salvage yard, auto parts use and shall meet the conditions for such use as set forth elsewhere in this Article.

3.

More than one such vehicle may be stored within a completely enclosed building.

10.1-24.

Kennels or Pet Grooming with Outdoor Pens or Runs.

(A)

Zoning districts: AG, C, B, IND

(B)

Development standards:

1.

The pens, runs, and/or other facility for the outdoor containment of animals shall be at least 250 feet from abutting property located in a residential or mixed-use district.

2.

The pens, runs, and/or other facility for the outdoor containment of animals shall be buffered from abutting property in a residential or mixed-use district with a type B buffer.

10.1-25.

Limited Agriculture.

(A)

Zoning districts: AG, SFR, R/MST

(B)

Development standards:

1.

No permit shall be required to engage in limited agriculture, however properties engaged in such may be subject to random inspections by the Town of Jamestown to ensure compliance.

2.

Animals shall not be permitted to run at-large and must be kept in a fenced area to prevent such.

3.

The property must not create a public nuisance or threat to public health or safety.

4.

Uses authorized under limited agriculture shall not be commercial in nature. Any animals authorized under limited agriculture shall be kept as pets or for personal use only.

5.

Odors or noises generated shall not be perceptible at the property boundaries and noises generated shall not disturb people of reasonable sensitivity at the property boundaries.

6.

At no time shall limited agriculture operations be construed to mean the authorization of bona fide agricultural operations or commercial enterprises.

7.

Domestic chickens are permitted to be kept under limited agriculture according to the following guidelines:

a.

The maximum number of chickens allowed on lots less than three acres in size is six. Only female chickens are permitted.

b.

The maximum number of chickens allowed on lots between three to five acres is ten. Only female chickens are permitted.

c.

Only properties greater than five acres and zoned agriculture may keep in excess of ten chickens and may keep roosters on the property.

d.

Eggs, chicks, adult chickens and processed chickens shall not be sold. Chicken manure and compost using chicken manure shall not be sold or otherwise distributed.

e.

Enclosures, such as a chicken coop and run, shall be provided for chickens. Chickens shall be secured in the coop during non-daylight hours. During daylight hours chickens can be located in the pen or may be allowed to 'free-range' as long as the yard is fenced to deter escape.

f.

Coops shall be a minimum of six feet from any property line and shall be constructed of quality materials and maintained in good repair. The coop shall be enclosed with solid materials and have a solid roof and door. The coop shall provide at least three square feet of floor area per chicken and necessary vents to ensure adequate ventilation. The coop may not exceed eight feet in height as measured from the ground elevation.

g.

Coops and run shall be screened from adjacent properties by the use of opaque fencing and/or vegetation which reduces the visual impact of such structures.

h.

Chicken runs or pens shall provide at least ten square feet of area per chicken. The fence shall rise at least four feet above the ground and be buried at least one foot in the ground. The pen shall be covered with wire, aviary nettings, or sold roofing. At no time shall any coop exceed 144 square feet in size.

i.

The area shall be maintained and be kept clean, dry, odor-free and in a neat and sanitary condition at all times. The owner shall take all necessary action to reduce the attraction of predators, rodents, and potential infestation of insects and parasites. In the case of a death from natural causes, a chicken shall promptly be placed in a plastic bag, closed securely and disposed of with household waste. Chickens which are slaughtered or processed shall be done so in accordance with Small Flock Management Resources guidance provided by the Poultry Science Division of the N.C. Cooperate Extension.

j.

Chickens shall have adequate security, ventilation and shelter from moisture and extremes of temperature. The pen or run shall provide adequate security and sun and shade. Access to clean water and feed shall be provided to the flock, but shall be inaccessible to rodents, wild birds, and predators.

k.

It is suggested that each owner of domestic fowl register his or her flock with the N.C. Department of Agriculture to reduce the risk of the spread of avian diseases.

10.1-26.

Nursing Home, Assisted Living.

(A)

Zoning districts: CDO, RMST, MS, MSP, INST, C, B, C/MST, TND

(B)

Development standards:

1.

The facility shall provide centrally located shared food preparation, food service, and dining areas.

2.

Common recreation, social, and service facilities shall be provided at a minimum rate of 30 square feet per dwelling unit or per rooming unit.

3.

All facilities shall be solely for the use of residents and their guests.

4.

Facilities for administrative services and limited medical services for the exclusive use of the resident shall be located on the site.

10.1-27.

Parks and Recreation Facilities, Public.

(A)

Zoning districts: SFR, RMST, CDO, MSP, INST, TND

(B)

Development standards:

1.

Overflow parking (in addition to required parking) must be designed on the site plan and be kept available to handle all traffic from special events such as softball tournaments and outdoor concerts.

2.

All parks greater than ten acres shall have primary access to a collector or higher capacity street.

3.

Lighting, with the exception of lighting for ball fields and tennis courts, shall be full cut-off fixtures.

10.1-28.

Special Events and Temporary Structures.

(A)

Zoning districts: See Article 15.

(B)

Development standards: See Article 15.

10.1-29.

School, Elementary or Secondary.

(A)

Zoning districts: SFR, RMST, CDO, MSP, TND

(B)

Development standards:

1.

Minimum lot size:

a.

Kindergarten (only): One acre.

b.

K—12: Two acres.

2.

Minimum setback standards:

a.

Front: Twice that for permitted uses in the respective zoning district.

b.

Side: 25 feet.

c.

Rear: 25 feet.

3.

Building type shall be civic building.

4.

Parking and active recreation areas shall not be located within the required building setbacks.

5.

Primary access shall be provided from thoroughfare or collector streets. Local residential streets shall not be used for primary access.

6.

Site lighting shall be full cut-off fixtures.

10.1-30.

Swim and Tennis Club.

(A)

Zoning districts: SFR, RMST, CDO, TND

(B)

Development standards:

1.

The minimum area shall be two acres. The minimum area shall be one acre if located as part of a common area within a development.

2.

There shall a minimum 50-foot separation (distance) between clubhouse, swimming pool, lighted tennis court, or athletic field and any adjacent residentially zoned property.

3.

Outdoor swimming pools shall be protected by a fence, or equal enclosure, a minimum four feet in height and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking.

4.

Site lighting shall be full cut-off fixtures. If proof is provided that such lighting is inadequate for the tennis courts, the planning director may approve other lighting for the tennis courts only.

10.1-31.

Tattoo and Body-Piercing Studios.

(A)

Zoning districts: C, IND

(B)

Development standards:

1.

Hours of operation: 7:00 a.m.—11:00 p.m.

2.

Separation from certain uses. No tattoo or body-piercing related use shall be located within one-half mile in any direction from any other tattoo or body-piercing related use. No lot containing a tattoo or body-piercing related use shall be located within 250 feet in any direction for any church or place of worship, school, or public park or playground. This required separation shall apply whether the above uses are principal or accessary uses. All measurements in this section shall be from the outer building walls of the proposed use to the nearest property line of the above specified uses, and such measurement shall be in a straight line without regard to intervening structures. The operations and use must adhere to the Town's noise ordinance regulations (Title IX General Regulations Chapter 94) and any other applicable Town ordinances;

3.

Signage. Signage shall meet all the requirements of Article 17, Sign Regulations and the following requirements. No signs shall be posted on the windows of the property which are visible from the exterior of the development. No neon or other effects which simulate the appearance on neon, nor any flashing, chasing, undulated, or other variable lighting effects shall be used in connection with any use hereunder where such lighting effect would be visible from the exterior of the establishment. All rules of the tattoo or body-piercing related use shall be displayed prominently within the establishment;

4.

Parking. Parking shall meet all the requirement of Article 12, Off-street Parking, Stacking, and Loading Areas and the following requirements:

a.

The minimum and maximum number of parking spaces required for a tattoo or body-piercing related use shall be the same as for retail as listed in Article 12.

5.

Permitting. Any facility or person engaged in the practice of tattooing or body-piercing shall register with their local health department and display all permits granted by the state, county or local authorities in a prominent place. All persons engaged in a tattoo or body-piercing business shall comply with any and all applicable state, federal and local laws governing such businesses.

10.1-32.

Temporary Structures.

(A)

Zoning districts: See Article 15.

(B)

Development standards: See Article 15.

10.1-33.

Temporary Health Care Structures.

(A)

Zoning districts: SFR

(B)

Development standards:

1.

THC structures shall abide by all laws of G.S. § 160D-915.

2.

One THC structure may be permitted as an accessory use on any single-family residential zoned lot and must meet all setbacks for an accessory building.

3.

The structure must not be occupied by any more than one person and the Town may require proof of guardianship, care-giver status, mental or physical impairment, and relative relationship (must be first or second degree relative by law).

4.

A fee equal to that of the development clearance certificate fee (not to exceed $100.00) shall be required.

5.

Water and sewer connections may be required (and fees paid to the Town) at the discretion of the public services director in accordance with the water and sewer policy of the Town of Jamestown.

6.

Such structures shall be removed no later than 60 days following the termination of care of the mentally or physically impaired person listed on the request for such a structure.

7.

Building may not have a permanent foundation but must meet all applicable building code requirements.

10.1-34.

Tobacco Related Uses.

(A)

Zoning districts: C, IND

(B)

Development standards:

1.

Separation from certain uses. No tobacco related use shall be located within one-half mile in any direction from any other tobacco related use. No lot containing a tobacco related use shall be located within one-quarter mile in any direction for any church or place of worship, school, or public park or playground. This required separation shall apply whether the above uses are principal or accessary uses. All measurements in this section shall be from the other building walls of the proposed use to the nearest property line of the above specified uses, and such measurement shall be in a straight line without regard to intervening structures.

2.

Requirements for free standing structure. Pursuant to G.S. § 130-498, a tobacco related use that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco related use and smoke from the use does not migrate into an enclosed area where smoking is prohibited.

3.

Age restrictions. Consistent with G.S. § 14-313, no person or entity engaged in tobacco related uses shall allow, permit or condone any person under the age of 18 to be upon the premises while patrons are engaged in tobacco related uses.

4.

Signage. Signage shall meet all the requirements of Article 17, Sign Regulations, and the following requirements. No signs shall be posted on the windows of the property which are visible from the exterior of the development. No neon or other effects which simulate the appearance on neon, nor any flashing, chasing, undulated, or other variable lighting effects shall be used in connection with any use hereunder where such lighting effect would be visible from the exterior of the establishment. All rules of the tobacco related uses shall be displayed prominently within the establishment.

5.

Parking. Parking shall meet all the requirement of Article 12, Off-Street Parking, Stacking, and Loading Areas and the following requirements: The minimum and maximum number of parking spaces required for tobacco shop, retail shall be the same as for retail listed in Table 21-1. Parking for tobacco shop, lounge shall be provided at the maximum rate of one space per full time employee plus one space per three persons of maximum North Carolina Building or Fire Code rated capacity, and a minimum of one space per full time employee plus three-quarters space per three-person of maximum North Carolina building or Fire Code rated capacity.

10.1-35.

Veterinary Service with Outdoor Kennels.

(A)

Zoning districts: C, B, IND

(B)

Development standards:

1.

The pens, runs, and/or other facility for the outdoor containment of animals shall be at least 250 feet from abutting property located in a residential or mixed-use district.

2.

The pens, runs, and/or other facility for the outdoor containment of animals shall be buffered from abutting property in a residential or mixed-use district with a type B buffer.

10.1-36.

Winery, Brewery or Distillery as an Accessory Use.

(A)

Zoning districts: C/MST; MSP; MS; C; B (Bypass), TND, IND

(B)

Development standards:

1.

Any such establishment shall conform to any applicable state, federal or local laws related to the production, consumption or sale of alcoholic beverages.

2.

No outdoor storage shall be permitted.

3.

Production areas shall not exceed 50 percent of gross floor area.

4.

Production of alcoholic beverages shall be ancillary to an approved land use.

5.

Land uses shall comply with any local ordinances related to noise, odors, or other nuisance-related issues.

6.

Parking shall be as required for the primary use.

10.1-37.

Winery, Brewery or Distillery as a Primary Use.

(A)

Zoning districts: C/MST; MSP; MS; C; B (Bypass), TND, IND

(B)

Conditions:

1.

Any such establishment shall conform to any applicable state, federal or local laws related to the production, consumption or sale of alcoholic beverages.

2.

No outdoor storage shall be permitted.

3.

Land uses shall comply with any local ordinances related to noise, odors, or other nuisance-related issues.

4.

Parking shall be as required for a manufacturing use.

10.3-1.

Purpose. Certain uses may wish to locate in the Town of Jamestown and its area of jurisdiction, which, due to their size and/or operation, have impacts that could adversely impact neighboring uses or the community as a whole. Due to the potential impacts of theses uses, they must meet certain conditions to ensure that they do not adversely impact neighboring uses or the community as a whole. This section identifies the uses that require conditions and establishes the conditions they must meet. A special use permit must be granted these uses in accordance with the procedures set forth in Article 7.

10.3-2.

Special Uses Established. The following special uses and the conditions they must meet are hereby established.

10.3-3.

Adult Uses.

(A)

Zoning district: IND

(B)

Conditions:

1.

No lot containing an adult use shall be located within a 1,200-foot radius of any lot containing another adult use.

2.

No lot containing an adult use shall be located within a 1,200-foot radius of any residential or mixed-use zoning district.

3.

No lot containing an adult use shall be located within a 1,200-foot radius of any dwelling unit, church or place of worship, school, library, licensed childcare center, public recreation center, or public park or playground.

4.

The required distance shall be measured from the closest edge of the property occupied by an adult use to the closest edge of the property occupied by a protected use, zone, or by another adult use. Provided, however, that an adult use is located in a multi-tenant facility, the distance shall be measured from the closest edge of the portion of the facility occupied by such use.

5.

No more than one adult establishment may be located within the same structure or on the same lot.

6.

In the interest of public health and safety, mini-motion picture booths shall be constructed without doors and shall orient the customer entrance of each booth toward the principal sales counter.

7.

Except for permitted business identification signage, no printed material, slide, video, photograph, written text, live show, or other visual presentation shall be visible, nor shall any live or recorded voices, music, or sounds be heard from outside the walls of the adult use.

10.3-4.

Agricultural Facility.

(A)

Zoning district: SCO

(B)

Conditions:

1.

The facility will not be in conflict with the purpose and objectives of the Scenic Corridor Overlay District.

2.

The facility shall be located on a lot of no less than five acres.

3.

Minimum 100-foot distance between manure storage areas, barns, or stables and any adjacent residentially zoned property.

4.

The facility shall not include any manufacturing or production operations, feed lots, or slaughtering or packaging operations.

5.

Buildings shall meet the following design standards:

a.

Maximum footprint: 5,000 square feet

b.

Maximum height: 30 feet (excluding silos and related attachments)

c.

Exterior building materials shall consist of wood siding, wood shingles, fiber cement siding, brick, rock, or other high quality masonry material. No vinyl or metal siding shall be permitted.

10.3-5.

Amusement/Water Parks, Fairgrounds.

(A)

Zoning districts: C, B, CIV

(B)

Conditions:

1.

Outdoor amusement facilities will be separated by a type C buffer from any abutting property located in a residential or mixed-use district.

2.

No amusement facilities, such as miniature golf courses, water slides, or mechanical rides shall be located within 200 feet of any abutting property located in a residential district.

3.

Hours of operation will be no earlier than 6:00 a.m. and no later than 12:00 midnight

10.3-6.

Asphalt Plant.

(A)

Zoning district: IND

(B)

Conditions:

1.

The facility shall be located on a lot of no less than five acres.

2.

Access shall be from a collector or higher classification street. No trucks traffic shall be permitted on surrounding residential streets.

3.

A minimum of a type A buffer shall be located around the perimeter of the property on which the asphalt plant is located.

4.

All operations other than parking shall be located a minimum of 1,000 feet from any residential or mixed-use zoning district.

10.3-7.

Equestrian Facility.

(A)

Zoning districts: SCO, B

(B)

Conditions:

1.

The facility will not be in conflict with the purpose and objectives set forth in this ordinance for the zoning district in which the facility is located.

2.

The facility shall be located on a lot of no less than five acres.

3.

Outdoor riding rings may be provided as part of the facility.

4.

Minimum 100-foot distance between manure storage areas, barns or stables and any adjacent residentially zoned property.

5.

Maximum number of horses is two per acre.

6.

Buildings shall meet the following design standards:

a.

Maximum footprint: 5,000 square feet

b.

Maximum height: 30 feet (excluding silos and related attachments)

c.

Exterior building materials shall consist of wood siding, wood shingles, fiber cement siding, brick, rock, or other high quality masonry material. No vinyl or metal siding shall be permitted.

10.3-8.

Group Care Facility/Day Treatment Center.

(A)

Zoning district: CIV

(B)

Conditions:

1.

No Such facility shall be located within one-half mile of an existing group care facility/day treatment center.

2.

The facility shall be limited to no more than 30 persons.

3.

Buildings shall be of a type permitted in the zoning district.

10.3-9.

Junkyards, Salvage Yards, Auto Parts.

(A)

Zoning district: IND

(B)

Conditions:

1.

The minimum area required to establish a salvage yard shall be five acres.

2.

A six-foot-tall opaque fence of uniform construction and a type buffer shall be placed around the perimeter of the use; plantings shall be on the exterior side of the fence.

3.

No salvage yard, scrap processor, or auto wrecking shall be located within 300 feet of any residence existing or under construction at the time of installation of such operation or business.

10.3-10.

Manufactured Dwelling Park.

(A)

Zoning district: SFR

(B)

Conditions:

1.

A site plan for the Manufactured Dwelling Park shall be approved by the planning board.

2.

Minimum area: Five acres.

3.

The minimum number of spaces shall be 15 and the maximum number of spaces shall be 200.

4.

Minimum setback: 50 feet from all public rights-of-ways and property lines.

5.

No more than one manufactured dwelling or recreational vehicle, towed or self-propelled, shall be parked or set-up on any one space.

6.

Access standards:

a.

No space shall have direct vehicular access to a public street;

b.

All spaces shall directly abut a private street in the park;

c.

Each space shall have adequate access, with a minimum access width of 20 feet.

7.

Recreational areas and facilities: Recreational areas and facilities to serve the needs of the anticipated population within the park shall be provided and shall consist of at least:

a.

A play lot for preschool children containing a minimum size of 1,200 square feet within 500 feet of every space; and

b.

One or more playgrounds for school-age children and adults, containing a minimum of one acre per 100 spaces;

Recreation areas shall not be in an area used for septic tank fields.

8.

There shall be no sales of manufactured dwelling and recreational vehicles in the park.

9.

Drainage and grading:

a.

The spaces shall be located on ground with an elevation that is not susceptible to flooding and which is graded to prevent any water from ponding or accumulating on or around the park. Where storm drainage pipes are located in adjacent streets, underground drainage facilities with connections to the storm drainage system shall be provided for the park.

b.

Each space shall be graded and grassed to prevent erosion and provide adequate storm drainage away from the manufactured dwelling or recreational vehicle pad.

c.

The surface slope of the stand or pad shall not exceed three percent.

d.

No banks, except along drainage ditches, shall have a slope steeper than three feet to one foot (3:1).

10.

Garbage and refuse disposal: All refuse shall be stored in conveniently located, leak-proof containers with tight-fitting lids. Containers shall be provided in sufficient number and capacity for proper storage of all refuse. Racks or concrete platforms shall be provided on which to store containers for refuse. The containers, racks, and/or platforms shall be so designed as to prevent tipping, to minimize spillage and container deterioration, and to facilitate cleaning. Dumpsters shall be required in lieu of individual containers in areas where municipal water or sewer are available. All refuse shall be collected at least twice weekly, or more often if the need is indicated.

11.

Registration: It shall be the duty of the operator to keep an accurate register containing a record of all occupants. The register shall contain the following information:

a.

Name, address and space number of each occupant;

b.

The date the manufactured dwelling or recreational vehicle entered the park;

c.

The license number of each recreational vehicle and/or car, truck, etc. with state of issuance, makes, and type of vehicle.

The operator shall keep the register available at all times for inspection by the enforcement officer, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register.

12.

Park manager residence: A single-family detached dwelling may be for the manager of the park.

13.

Pre-existing dwellings: Pre-existing dwellings on the site may remain provided they occupy approved spaces.

14.

Design requirements applicable to manufactured dwelling parks: The following design requirements apply to manufactured dwelling parks:

a.

Minimum manufactured dwelling space size: A manufactured dwelling space shall consist of a minimum of 6,000 square feet and shall have a width of at least 45 feet at the location of the manufactured dwelling stand. Exception: A manufactured dwelling space not served by public sewer shall consist of a minimum of 40,000 square feet and shall have a width of least 150 feet at the location of the manufactured dwelling stand. Every manufactured dwelling space shall be clearly established on the ground by permanent monuments or markers.

b.

Each manufactured dwelling space shall contain:

1.

A manufactured dwelling stand consisting of a properly graded and compacted surface no less than 13 feet by 60 feet;

2.

A patio space constructed of concrete, brick, flagstone or other hard surface material a minimum of 240 square feet in area;

3.

A hard surface walkway a minimum of two feet wide leading from the patio to the parking space or road.

c.

Manufactured dwelling additions: Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the N.C. Building Code may be added to any manufactured dwelling provided that setback within the space can be met and a building permit is obtained.

d.

Construction and design of private streets:

1.

Private entrance, collector, and interior streets with no parking or minor cul-de-sac streets with no parking shall meet the minimum design standards for private streets as set forth in the Town of Jamestown Standards and Specifications Manual;

2.

One-way minor streets with no parking (acceptable only if less than 500 feet total length and serving less than 15 manufactured dwelling stands) shall have a 20-foot minimum right-of-way with 12-foot minimum paved surface;

3.

Private streets shall be lighted at night with cut-off fixtures meeting the standards of the Town for streetlights.

e.

Park access: If a manufactured dwelling park has more than one:

1.

Direct access to a public street, such access points shall be no less than 200 feet apart and no closer than 300 feet to a public street intersection.

f.

Parking:

1.

Two parking spaces, a minimum of nine feet by 18 feet, shall be provided within each manufactured dwelling space;

2.

All parking spaces shall be paved or covered with four inches of crushed stone;

3.

No parking shall be allowed on private entrance and collector streets.

g.

Landscaping: Landscaping shall be provided throughout the park with ample trees and shrubs to provide shade and break up open areas. All banks and open areas shall be grassed.

h.

Removal of rubbish: All cut or fallen trees, stumps, or rubbish shall be or removed from the manufactured dwelling park.

i.

Utilities installation: Each manufactured dwelling located within a park shall comply with the current North Carolina Regulations for manufactured dwelling in both manufacture and installation and must be inspected to assure compliance prior to occupancy.

1.

All utilities shall be installed underground unless exempted by G.S. § 160D-804(h) where extreme conditions of topography make this requirement unreasonable.

2.

Placement of utilities serving the manufactured dwelling stand shall comply with the N.C. Building Code for Plumbing.

3.

Minimum electrical service of 200 ampere, 120—240-volt single phase shall be provided to each manufactured dwelling stand. The service panel and location as well as all wiring shall be in accordance with the National Electrical Code.

4.

Each manufactured dwelling shall be required to connect to the utilities provided at each manufactured dwelling space.

5.

Each manufactured dwelling park shall obtain water from a public water supply when available, and when unavailable, from a source approved by the Guilford County Health Department. The water supply and pressure shall be adequate for the park requirements. Water for drinking, cooking, laundry, and general sanitary uses for each individual manufactured dwelling shall be obtained only from faucets or other plumbing connections located within each manufactured dwelling.

6.

Each manufactured dwelling park shall be provided with an adequate sewage disposal system, either by connection to a public sewer or a septic tank constructed in compliance with the regulations of the Guilford County Board of Health. All sewage wastes from toilets, showers, bathtubs, lavatories, wash basins, refrigerator drains, sinks, faucets, and water-using appliances not herein mentioned shall be piped into the manufactured dwelling park sewage disposal system.

j.

Fuel oil drum: Each manufactured dwelling that requires the use of fuel oil shall be furnished with an oil drum having a minimum capacity of 150 gallons, set upon a painted, prefabricated metal stand.

k.

Manufactured dwelling design standards: Each manufactured dwelling shall have a roof pitch of at least five feet of rise for each 12 feet of horizontal run and a minimum width of 12 feet.

10.3-11.

Petroleum and Petroleum Products Storage.

(A)

Zoning district: IND

(B)

Conditions:

1.

Minimum lot area shall be five acres.

2.

Use shall comply with all federal and state standards. Verification of compliance or ability to comply shall be provided with the application submitted to the Town of Jamestown.

3.

The use shall be buffered from adjacent properties and public streets with a type B buffer.

10.3-12.

Sewer Treatment Plant.

(A)

Zoning district: IND

(B)

Conditions:

1.

Minimum site area shall be ten acres.

2.

All buildings, lagoons, outdoor treatment areas, and other facilities shall be located at least 1,000 feet from residential and mixed-use zoned property.

3.

Use shall comply with all federal and state standards. Verification of compliance or ability to comply shall be provided with the application submitted to the Town of Jamestown.

4.

Use shall be managed and operated by a municipality, county, or other governmental entity.

10.3-13.

Shooting Range, Outdoor.

(A)

Zoning district: B

(B)

Conditions:

1.

Minimum separation between the shooting range and closest exterior property line shall 300 feet.

2.

Access shall be controlled to prevent unregulated entrance to firing area.

3.

Security fencing shall be provided to prevent an individual from crossing the property downrange.

4.

Dikes or berms shall be provided and shall be of sufficient height and thickness to stop all rounds fired downrange. Elevation control is required along the shooting stands to prevent rounds from being fired over the dike or berm.