Kenansville City Zoning Code

USE STANDARDS

§ 152.145 USE TABLE.

(A) General. This section sets forth the allowable uses for the residential and non-residential zoning districts as described in §§ 152.130 through 152.134 of this chapter.

(B) Explanation of the structure of the use table.

(1) Organization of use table. The Use Table is arranged into a number of categories that group uses by their functional classification such as residential or commercial.

(2) Permitted uses. A “P” in a cell indicates that a use type is allowed by right in the respective base zoning district, subject to compliance with any use-specific standards contained in this subchapter.

(3) Special uses. An “S” in a cell indicates that a use type is allowed in the respective base zoning district only upon the issuance of a special use permit by the Board of Adjustment, and subject to compliance with any use-specific standards contained in this subchapter.

(4) Prohibited uses. A blank cell indicates that a particular use type is not allowed in the base zoning district.

(5) Development standards.

(a) A “D” in a cell, accompanying a “P” or an “S” indicates that the particular use type has additional development standards that are required for the use to be established within the base-zoning district.

(b) These additional standards are located in §§ 152.146 through 152.201 of this chapter.

(6) Uses prohibited by overlay zoning.

(a) An overlay district may prohibit a particular use type despite it being allowed in the base zoning district, or it may require a special use permit for a use allowed by right in the base zoning district.

(b) See § 152.132 of this chapter for specific information on the modification of permitted uses in the overlay districts.

(7) Uses not listed.

(a) Uses not listed in the Use Table may be allowed upon a determination by the Ordinance Administrator that the use is similar in nature to an existing, listed use that is permitted in the district in which the unlisted use will be established.

(b) In making such determination, the Ordinance Administrator shall take into account the purpose and intent of this chapter and the purpose of the district in which the unlisted use is to be established, along with any relevant definitions that exist in the UDO.

(c) The Ordinance Administrator shall recommend text amendments to the Planning Board for their review upon determining that the Use Table would benefit from the addition of an unlisted use.

(d) If the Ordinance Administrator denies a permit for the establishment of an unlisted use, the decision may be appealed to the Board of Adjustment as an appeal of the Ordinance Administrator’s decision.

Uses by District
P - Use permitted by right S - Use permitted by a special use permit D - Additional development standards apply Blank - Use not allowed
Uses		AG	R-3	R-10	R-15	OI	CB	GC	I
Accessory Uses
	Accessory dwelling unit	PD	PD	PD	PD	PD	PD	PD
	Accessory uses and structures (customary)	P	P	P	P	P	P	P	P
	Home occupations (customary)	PD	PD	PD	PD	PD	PD	PD
	Livestock	PD
	Swimming pools	PD	PD	PD	PD	PD		PD
Agricultural Uses
	Agricultural production, crops	P	P	P	P	P	P	P	P
	Livestock, agricultural production	PD
	Forestry	P		P	P	P	P	P	P
	Horticultural production	P			P
	Produce stands	P						P
	Veterinary services (livestock)	P
Commercial Uses
	Adult entertainment							SD
	Alcoholic beverage control (ABC) stores						P
	Animal shelters							P
	Auction houses					PD	PD	P
	Automobile repair and service centers (no gasoline sales)						PD	PD
	Automobile repair and service centers (with gasoline sales)						PD	PD
	Automobile sales, rental and leasing						PD	PD
	Automobile supply stores						P	P
	Automobile towing and storage							P
	Banks and credit unions				PD	PD	P
	Barber shops and salons					P	P
	Bars, nightclubs and similar establishments					SD	SD
	Bed and breakfast inns	PD	PD	PD	PD	PD	PD	PD
	Car washes						PD	P
	Convenience stores (with gasoline sales)						PD	PD
	Convenience stores (no gasoline sales)					P	P	P
	Contractors offices (no outside storage)				P	P	P	P
	Contractors offices (with outside storage)						PD	P
	Crematoriums						SD	PD
	Drug stores and pharmacies (with drive-through service)						P
	Drug stores and pharmacies (no drive-through service)				PD	P	P
	Dry cleaners					PD	PD
	Equipment rental and leasing (no outside storage)						PD	P
	Equipment rental and leasing (with outside storage)						SD	P
	Equipment repair services (no outside storage)						PD	P
	Equipment repair services (with outside storage)						SD	P
	Farm equipment sales and service	PD							P
	Farm and agricultural supplies, retail							PD	P
	Fuel oil sales, retail	SD						SD	P
	Funeral homes (no crematory services)			SD	SD	PD		P
	Garden centers and nurseries, retail	S						P
	Gasoline sales, retail (no repair or service facilities)							PD	P
	General merchandise stores						P	P
	Grocery stores						P	P
	Hardware and home improvement stores							P	P
	Home furnishings stores						P	P
	Hotels and motels						P	P
	Insurance agencies (with on-site claims inspection)							PD	P
	Kennels, commercial							SD	P
	Landscaping services	S						S	P
	Laundromats							PD
	Manufactured home sales, new								PD
	Medical and dental offices and laboratories					P	P	P
	Medical treatment centers					P	P	P
	Motorcycle sales							P	P
	Movie theaters						P	P
	Pawnbrokers							P
	Personal services establishments (not otherwise classified)						P	P
	Professional offices (not otherwise classified)					P	P	P
	Recreational vehicle sales							S	P
	Restaurants (no drive-through service)						P	PD
	Restaurants (with drive-through service)							P
	Retail sales (not otherwise classified)						P	P
	Specialty food and beverage stores						P	P
	Tire sales, retail (no outside storage)							P	P
	Tattoo and body piercing establishment							SD
	Truck stops							SD	P
	Vending stations, unmanned							PD
	Veterinary services (domestic animals)	S						P	P
Governmental, Educational and Institutional Uses
	Ambulance/EMS stations	P	SD	SD	P	P	P	P
	Assisted living/nursing facilities		PD	PD	P	P	S
	Amphitheaters				P	P
	Auditoriums				P	P	P
	Cemeteries	P			P	P	P	P
	Churches/religious institutions	P	PD	PD	P	P	P
	Civic or fraternal organizations			S	P	P	P
	Colleges and universities				P
	Conference and event centers				P
	Day care centers, adult (29 or less)		PD	PD	P		S
	Day care centers, adult (30 or more)				S		S
	Day care centers, child (29 or less)		PD	PD	P		S
	Day care centers, child (30 or more)		SD	SD	P		S
	Fire stations	P	SD	SD	P	P	P	P
	Government offices and facilities		SD	SD	P	P	P	P
	Hospitals				P	P
	Libraries		SD	SD	P	P	P
	Museums				P	P	P
	Police stations				P		P
	Post offices		SD	SD	P	P	P
	School, dance academy, art		PD	PD	P	P	P
	School, elementary	S	PD	PD	P
	School, middle high	S		PD	P
	School, senior high	S		PD	P
	School, trade or vocational				P		P	P
Industrial and Manufacturing Uses
	Agricultural supply and equipment manufacturing								P
	Apparel manufacturing								S
	Athletic and sporting equipment assembly								P
	Bookbinding								P
	Computer and electronics assembly								P
	Drug and pharmaceutical manufacturing								P
	Electrical equipment and machinery assembly								P
	Engineering, scientific and research instrument assembly								P
	Industrial laundry services								S
	Industrial research, development and testing services								P
	Light industrial and manufacturing uses (not otherwise classified)								S
	Metal fabrication and welding, light								S
	Office supply and equipment assembly								P
	Optical equipment manufacturing								P
	Plastic forming, pressing and assembly								S
	Printing and publishing								P
	Sign manufacturing								P
	Surgical, medical and dental equipment manufacturing								P
Recreational Uses
	Commercial recreation, indoor					P	P
	Commercial recreation, outdoor	P					P	S
	Country club	SD		SD
	Golf course	S		S
	Golf driving range	SD					SD
	Horse stables/riding academies	P
	Public park	P	P	P	P	P	P
	Public recreation facility, indoor		P	P	P
	Public recreation facility, outdoor	P	P	P	P
	Shooting range, indoor						SD	SD
	Shooting range, outdoor	SD						SD
Residential Uses
	Boarding and rooming houses				SD			SD
	Dwelling, single-family detached	P	P	P	P		P	P
	Dwelling, duplex		P	P	P		P	P
	Dwelling, multi-family			PD	PD		PD	PD
	Dwelling, townhouse		PD	PD	PD		PD	PD
	Dwelling, live/work		PD	PD	PD	PD	PD	PD
	Dwelling, upper story loft					P	P	P
	Dwelling, manufactured home, Class A (see “Overlay District”)
	Family care home	PD	PD	PD	PD		PD	PD
	Group care facility					SD		SD
	Manufactured home park	SD
Temporary Uses
	Carnivals, circuses and fairs	PD				PD			PD
	Flea markets and swap meets	SD							S
	Livestock								PD
	Portable self storage containers	PD	PD	PD	PD
	Religious events	P	P	P	P	P	P	P	P
	Seasonal sales (Christmas trees, pumpkins and the like)	PD				PD		P	P
	Temporary construction trailers	PD	PD	PD	PD	PD	PD	PD	PD
	Yard sales (2 per year)	P	P	P	P	P	P	P	P
Transportation, Warehousing and Utility Uses
	Bulk mail or parcel handling facilities								P
	Communication lines and exchanges	P		S	S	P	P	P	P
	Moving and storage services								P
	Public utility lines, pump stations, towers and related equipment	P		P	P	P	P	P	P
	Sewage treatment plants								P
	Self-storage facilities							SD	P
	Truck and freight terminals								P
	Utility equipment and storage yards								P
	Warehouses and distribution centers								P
	Water treatment plants								P
	Wireless telecommunications facilities (including small/micro antennas/equipment)	PD		PD	PD	PD		PD	PD
Wholesale Uses
	Wholesale agricultural chemical, pesticide and fertilizer sales	SD							S
	Wholesale agricultural supply sales	SD							P
	Wholesale agricultural product sales	SD							P
	Wholesale bottled gas sales								S
	Wholesale chemical and allied product sales								S
	Wholesale petroleum and petroleum product sales								S
	Wholesale scrap and waste material sales								S
	Wholesale uses (not otherwise classified)								P

(Ord. passed 3-5-2018)

§ 152.146 ACCESSORY DWELLING UNIT.

(A) Where required. These requirements shall apply to accessory dwelling units in the AG, R-3, R-10, R-15, OI, CB and GC Districts.

(B) General provisions. The following requirements shall apply to all accessory dwelling units, whether attached or detached.

(1) Design standards.

(a) No more than one accessory dwelling unit is permitted on the same zone lot with a principal dwelling unit.

(b) The accessory dwelling unit and principal dwelling unit shall have the same address and use the same mailbox.

(d) Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from that of the primary residence.

(e) The accessory dwelling unit shall have a maximum of two bedrooms.

(f) The accessory dwelling unit shall be designed to maintain the architectural design, style, appearance and character of the principal residence. The accessory dwelling unit shall incorporate design elements of the principal residence by using similar and compatible materials, facade treatment, colors, window style/treatment and roof design and pitch.

(2) Dimensional requirements.

(a) The principal residence must be located on a lot that meets the minimum area requirements of the zoning district.

(b) Accessory dwelling units shall be located at least 20 feet from any other structure on the lot.

(3) Utilities and access.

(a) Accessory dwelling units shall be served by the same utilities, such as public water and sewer service as the principal dwelling on the lot.

(b) Accessory dwelling units shall be served by the same driveway access as the principal dwelling.

(4) Other standards. Accessory dwelling units shall not exceed 50% of the gross floor area of the principal dwelling. In no case shall an attached accessory dwelling unit exceed 600 square feet of gross floor area, nor shall a detached accessory dwelling unit exceed 1,000 square feet of gross floor area.

(Ord. passed 3-5-2018)

§ 152.147 ADULT ENTERTAINMENT.

(A) Where required. These requirements shall apply to adult entertainment establishments in the I District.

(B) Separation requirements.

(1) No adult entertainment establishment may be located within 1,000 feet of any other adult entertainment establishment.

(2) No adult entertainment establishment shall be located within 500 feet of any religious institution, school, residence, public park or child day care center.

(D) Prohibition of sleeping quarters. No adult entertainment establishment shall have sleeping quarters for employees or patrons.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.148 AMBULANCE/EMS STATIONS.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(C) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(D) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials. No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single-family dwellings. The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(E) Waste disposal. Medical or other hazardous waste that is stored for collection on-site must be stored in a secure area that is not accessible to the public.

(F) Prohibited accessory uses and activities. The following accessory uses and activities are prohibited:

(1) Vehicle or equipment washing;

(2) Vehicle repair and service;

(3) Vehicle fueling facilities; and

(4) Wireless communication antennas greater than 40 feet tall.

(G) Access. Access to the facility must be from a thoroughfare or collector street.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.149 ASSISTED LIVING/NURSING FACILITIES.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(C) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(D) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials. No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single- family dwellings. The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(E) Waste disposal. Medical or other hazardous waste that is stored for collection on-site must be stored in a secure area that is not accessible to the public.

(F) Access. Access to the facility must be from a thoroughfare or collector street.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.150 AUCTION HOUSES.

(A) Where required. These standards shall apply within the CB and GC Districts.

(B) Storage. All goods must be stored within the confines of the auction house.

(C) Loading area. An off-street loading area must be provided. The loading and unloading of goods shall not be permitted on public streets.

(D) Hours of operation/noise.

(1) While viewing hours are not regulated, auctions may only be held between the hours of 8:00 a.m. and 9:00 p.m.

(2) Additionally, no speaker, megaphone or other amplification device may be utilized to broadcast the auction outside of the auction house.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.151 AUTOMOBILE REPAIR AND SERVICE CENTERS.

(A) Automobile repair and service centers (no gasoline sales).

(1) Where required. These standards shall apply within the GC and I Districts.

(2) Outdoor vehicle storage limits.

(a) In the GC District, no more than 15 vehicles may be stored outdoors overnight.

(b) In the I District, no more than 30 vehicles may be stored outdoors overnight.

(3) Location of outdoor storage. Outdoor vehicle storage areas must be located on the rear portion of the lot.

(4) Screening. A minimum six-foot high opaque fence shall be erected around all outdoor vehicle storage areas.

(5) Outdoor parts storage. No automobile parts, accessories or other products may be stored outdoors, except within a properly screened outdoor storage area.

(6) Long-term storage prohibited. Inoperable vehicles may not be stored on the premises for more than 30 days.

(B) Automobile repair and service centers (with gasoline sales).

(1) Where required. These standards shall apply within the GC and I Districts.

(2) Outdoor vehicle storage limits.

(a) In the GC District, no more than 15 vehicles may be stored outdoors overnight.

(b) In the I District, no more than 30 vehicles may be stored outdoors overnight.

(3) Location of outdoor storage. Outdoor vehicle storage areas must be located on the rear portion of the lot.

(4) Screening. A minimum six-foot high opaque fence shall be erected around all outdoor vehicle storage areas.

(5) Outdoor parts storage. No automobile parts, accessories or other products may be stored outdoors, except within a properly screened outdoor storage area.

(6) Long-term storage prohibited. Inoperable vehicles may not be stored on the premises for more than 30 days.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.152 AUTOMOBILE SALES, RENTAL AND LEASING.

(A) Where required. These standards shall apply within the GC and I Districts.

(B) Vehicle display areas. No vehicle displayed for sale, rental or lease may be stored in any required customer or employee parking space, a street right-of- way, required landscaping or buffering area or on any pervious surface.

(C) Vehicle setback. No vehicle displayed for sale, rental or lease may be located within ten feet of the edge of the right-of-way.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.153 BANKS AND CREDIT UNIONS.

(A) Where required. These standards shall apply within the OI and CB Districts.

(B) Drive-through teller service. A maximum of three service lanes for drive up windows, remote teller service or automatic teller machine (ATM) service shall be allowed. The point of service of the lanes shall be no closer than 75 feet from any residentially zoned or used property.

(C) Buffering. A Type III buffer shall be constructed along all property lines adjoining residentially zoned or used property where a drive- through service lane is established.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.154 BARS, NIGHTCLUBS AND SIMILAR ESTABLISHMENTS.

(A) Where required. These standards shall apply within the CB and GC Districts.

(B) Separation requirements. No such establishment shall be located within 100 feet, as measured from the closest exterior wall of the structure housing the establishment, of a religious institution, elementary school, public park, child day care or residentially zoned property.

(C) Orientation. The primary entrance of the establishment shall be located facing a street zoned primarily for non-residential use.

(D) Screening. A minimum six-foot high opaque fence shall be erected along all property lines adjacent to residentially used property.

(E) Parking. Parking areas shall not be located any closer than 30 feet from the property line of any residentially used property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.155 BED AND BREAKFAST INNS.

(A) Where required. These standards shall apply within the AG, R-3, R-10, R-15, OI, CB and GC Districts.

(B) On-site management. All establishments are required to be operated by a resident manager.

(C) Qualified structures. Only structures that were originally constructed as a residence may be used as a bed and breakfast inn.

(D) Maximum number of rooms. Within the R-3, R-10 and R-15 Districts, a maximum of four bedrooms may be utilized at any one time in the operation of the bed and breakfast inn.

(E) Kitchen facilities. No separate kitchen facilities may be provided for any patron.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.156 BOARDING AND ROOMING HOUSES.

(A) Where required. These standards shall apply within the R-15 and GC District.

(B) On-site management. All establishments are required to be operated by a resident manager.

(C) Qualified structures. Only structures that were originally constructed as a residence may be used as a boarding or rooming house.

(D) Maximum number of rooms. A maximum of four bedrooms may be utilized at any one time in the operation of the boarding or rooming house.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.157 CAR WASHES.

(A) Where required. These standards shall apply within the GC District.

(B) Hours of operation. The hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m. when the establishment is located within 100 feet of the property line of an adjoining residence. Establishments that are open to the public after sunset must provide security lighting.

(C) Setbacks. No structure or service facility may be located closer than 75 of the property line of any adjoining residentially zoned or used property.

(D) Buffering. A Type II buffer must be established along all property lines adjoining a property used for residential purposes.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.158 CARNIVALS, CIRCUSES AND FAIRS.

(A) Where required. These standards shall apply within the AG, OI and I Districts.

(B) Hours of operation. The hours of operation shall be limited to the hours between 9:00 a.m. and 12:00 a.m.

(C) Separation. No structures, rides, lights, booths or other facilities associated with the carnival, circus or fair may be erected or placed within 500 feet of the property line of any residentially used property. Vehicle parking areas may be located no less than 200 feet of the property line of any residentially used property.

(D) Zoning certificate of compliance. All carnivals, circuses and fairs must receive a zoning certificate of compliance from the Ordinance Administrator.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.159 CHURCHES/RELIGIOUS INSTITUTIONS.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Access. New churches or religious institutions with more than 5,000 square feet of gross floor area or more than 50 parking spaces shall have a primary access point on a thoroughfare or collector road.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.160 CONTRACTORS OFFICE (WITH OUTSIDE STORAGE).

(A) Where required. These standards shall apply within the GC District.

(B) Screening. A minimum six-foot high opaque fence must be erected around all outside storage areas.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.161 CONVENIENCE STORES (WITH GASOLINE SALES).

(A) Where required. These standards shall apply within the GC and I Districts.

(B) Maximum size. Establishments shall be limited to 2,000 square feet of gross floor area.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.162 COUNTRY CLUBS.

(A) Where required. These standards shall apply within the AG District.

(B) Setbacks. All clubhouses, recreational facilities other than golf courses, service facilities and parking areas shall be located no closer than 100 feet from adjoining residences.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.163 CREMATORIUMS.

(A) Where required. These standards shall apply within the GC and I Districts.

(B) Separation requirements. No crematory facilities may be located any closer than 500 feet of any residentially zoned or used property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.164 DAY CARE CENTERS.

(A) Day care centers, adult (29 or less).

(1) Where required. These standards shall apply within the R-10 and R-15 Districts.

(2) Access. Establishments shall have a primary access point on a thoroughfare or collector road.

(3) Loading/unloading. A passenger loading/unloading area with a vehicle turnaround or additional point of access shall be provided.

(B) Day care centers, child (29 or less).

(1) Where required. These standards shall apply within the R-3, R-10 and R-15 Districts.

(2) Access. Establishments shall have a primary access point on a thoroughfare or collector road.

(3) Loading/unloading. A passenger loading/unloading area with a vehicle turnaround or additional point of access shall be provided.

(4) Outdoor activity areas. All outdoor activity areas shall be enclosed by a minimum four-foot high fence. Activity areas shall not encroach into any street right-of-way. When located adjacent to residentially zoned or used property the activity area, a minimum six-foot high opaque fence shall be erected along the portion of the property that abuts the residential property.

(1) Where required. These standards shall apply within the R-10 and R-15 Districts.

(2) Access. Establishments shall have a primary access point on a thoroughfare or collector road.

(3) Loading/unloading. A passenger loading/unloading area with a vehicle turnaround or additional point of access shall be provided.

(4) Outdoor activity areas.

(a) All outdoor activity areas shall be enclosed by a minimum four-foot high fence. Activity areas shall not encroach into any street right-of-way.

(b) When located adjacent to residentially zoned or used property the activity area, a minimum six-foot high opaque fence shall be erected along the portion of the property that abuts the residential property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.165 DRUG STORES AND PHARMACIES (NO DRIVE-THROUGH SERVICE).

(A) Where required. These standards shall apply within the OI District.

(B) Maximum size. The gross floor area of an establishment shall not exceed 4,000 square feet.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.166 DRY CLEANERS.

(A) Where required. These standards shall apply within the CB and GC Districts.

(B) Maximum size. The gross floor area of an establishment shall not exceed 2,000 square feet.

(C) Buffering. A Type II buffer shall be constructed along all property lines adjoining residentially used property where a drive-through service lane is established.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.167 DWELLINGS.

(A) Dwellings, live/work.

(1) Where required. These standards shall apply within the R-3, R-10, R-15, OI, CB and GC Districts.

(2) Regulations for non-residential space. Areas used for non-residential uses shall be located only on the first floor of the structure. Only one customer entrance is allowed and must face a public street.

(3) Regulations for residential space. No more than one residential unit shall be allowed per structure.

(4) Internal access. An internal access must be provided between the residential and non- residential portions of the structure.

(5) Parking. All on-site parking shall be located at the rear of the structure. Garages built into the structure may be accessed only through a rear access way.

(B) Dwelling, manufactured home.

(1) Intent.

(a) It is the intent of this section to address the specific criteria that must be met to place a mobile home or manufactured home within the Manufactured Housing Overlay District in the town.

(b) The terms “manufactured home” and “mobile home” do not include a “recreational vehicle”.

(2) Requirements. Homes that do not meet the criteria set forth shall not be located within the town’s jurisdiction.

(a) Conforming manufactured home. Before issuing a zoning compliance permit for a mobile home, the Town Manager shall certify that the home meets the following standards.

1. The pitch of the home’s roof shall have a minimum vertical rise of two feet for each 12 feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in residential construction. The minimum width shall be 14 feet. All transportation lights and towing apparatus shall be removed before a certificate of occupancy is issued.

2. Manufactured homes must be underpinned. The home must be placed on a permanent foundation of masonry materials such as brick, block or stone.

3. The exterior siding shall consist of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

4. A deck or a porch of at least 36 square feet in size must be located on the front of the home and must include steps.

5. A legal non-conforming mobile home may be replaced with a similar or higher or better mobile home; provided, the replacement is permitted within 180 days of the removal of the existing mobile home. The replacement mobile home may not increase any dimensional non-conformity enjoyed by the existing mobile home.

(b) Non-conforming manufactured home. Before issuing a zoning compliance permit for a legal non-conforming mobile home, the Town Manager shall certify the following: a single or doublewide manufactured housing unit existing in the town, prior to the effective date of this chapter that meets the U.S. Department of Housing and Urban Development manufactured home construction standards, but does not meet the town’s appearance criteria. Such manufactured homes may only be relocated to currently conforming mobile home parks that existed prior to the effective date of this chapter. At that time, the home must be underpinned with masonry materials and installed in accordance with the manufacturer’s specifications.

(1) Where required. These standards shall apply within the R-10, R-15, CB and GC Districts.

(2) Minimum area. The minimum lot size shall be 200% of the minimum lot size of the base zoning district for the first three units and 75% of the minimum lot size of the base zoning district for each additional unit above three.

(3) Maximum number of units per structure. No more than eight dwelling units are allowed per individual structure.

(4) Structure separation. Structures must be separated by a minimum of 20 feet.

(5) Setbacks. One story structures must be set back at least 20 feet from all adjoining property lines and multiple story structures must be set back an additional ten feet per story. A minimum ten-foot setback is required from all vehicle parking areas and a 15-foot setback is required from internal driveways.

(6) Access. Multi-family developments must have direct access to a thoroughfare or collector street.

(7) Buffering. A Type II buffer must be established along all property lines adjoining property zoned or used for residential purposes. A buffer is not required on property lines adjoining other property that has been developed with multi-family dwellings or townhouses.

(8) Internal driveways. Internal driveways shall be at least 15 feet wide for one-way travel and 22 feet wide for two-way travel.

(D) Dwelling, townhouse.

(1) Where required. These standards shall apply within the R-3, R-10, R-15, CB and GC Districts.

(2) Minimum area. The minimum project area shall be 200% of the minimum lot size of the base zoning district for the first three units, plus an additional area of 75% of the minimum lot size of the base zoning district for each additional unit above three.

(3) Maximum number of units per structure. No more than eight dwelling units are allowed per individual structure.

(4) Minimum dwelling width. Individual dwelling units shall be no less than 18 feet wide and no greater than 35 feet wide.

(5) Access. Townhouse developments must have direct access to a thoroughfare or collector street. Townhouses may also have a back alley access to accommodate rear-loaded garages.

(6) Buffering.

(a) A Type II buffer must be established along all property lines adjoining property zoned or used for residential purposes.

(b) A buffer is not required on property lines adjoining other property that has been developed with multi-family dwellings.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.168 EQUIPMENT RENTAL, LEASING AND REPAIR.

(A) Equipment rental and leasing (with outside storage).

(1) Where required. These standards shall apply within the GC District.

(2) Screening. A minimum six-foot high opaque fence shall be erected around all outdoor storage areas.

(3) Outdoor storage areas. Outdoor storage areas are allowed only in rear yards.

(B) Equipment repair services (with outside storage).

(1) Where required. These standards shall apply within the GC District.

(2) Screening. A minimum six-foot high opaque fence shall be erected around all outdoor storage areas.

(3) Outdoor storage areas. Outdoor storage areas are allowed only in rear yards.

(4) Long-term storage prohibited. Inoperable equipment may not be stored in outdoor storage areas for more than 30 days.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.169 FAMILY CARE HOME.

(A) Where required. These standards shall apply within the AG, R-3, R-10, R-15, CB and GC Districts.

(B) Maximum height. The structure of a family care home may be no more than two stories high, and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground level accesses to the upper story.

(Ord. passed 3-5-2018) Penalty, see § 152.999

Statutory reference:

Related provisions, see G.S. § 131D-2.1

§ 152.170 FARM AND AGRICULTURAL SUPPLIES, RETAIL.

(A) Where required. These standards shall apply within the GC District.

(B) Screening. A minimum six-foot high opaque fence shall be erected around all outdoor storage areas.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.171 FARM EQUIPMENT SALES AND SERVICE.

(A) Where required. These standards shall apply within the AG District.

(B) Separation. Establishments may not be located any closer than 200 feet from a structure used for residential purposes.

(D) Long-term storage prohibited. The storage of inoperable equipment for longer than 30 days is prohibited.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.172 FIRE STATIONS.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Access. Fire stations must have direct access to either a thoroughfare or collector street.

(C) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(D) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(E) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials. No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single- family dwellings. The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(F) Waste disposal. Medical or other hazardous waste that is stored for collection on-site must be stored in a secure area that is not accessible to the public.

(G) Prohibited accessory uses and activities. The following accessory uses and activities are prohibited:

(1) Vehicle or equipment washing;

(2) Vehicle repair and service;

(3) Vehicle fueling facilities; and

(4) Wireless communication antennas greater than 40 feet tall.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.173 FLEA MARKETS AND SWAP MEETS.

(A) Where required. These standards shall apply within the AG District.

(B) Separation. No portion of the area used for a flea market or swap meet, including parking areas shall be located within 200 feet of a residential structure.

(D) Other regulations. All permanent, enclosed structures must meet the state’s Building and Fire Codes. Temporary structures, tables and booths must be removed from the premises within 24 hours of the closing of the market. Flea markets and swap meets may only be operated on a particular location for six days in any 30-day period.

(E) Outdoor storage prohibited. No goods may be stored outdoors on the premises of the flea market or swap met, except during the days of operation.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.174 FUEL OIL SALES, RETAIL.

(A) Where required. These standards shall apply within the AG and GC Districts.

(B) Separation. Bulk fuel oil tanks may not be constructed within 300 feet of a property zoned or used for residential purposes.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.175 FUNERAL HOMES (NO CREMATORY SERVICES).

(A) Where required. These standards shall apply within the R-10, R-15 and OI Districts.

(B) Maximum size. Funeral homes are limited to a maximum of 4,000 square feet of gross floor area.

(C) Waste disposal. Medical or other hazardous waste that is stored for collection on-site must be stored in a secure area that is not accessible to the public.

(D) Buffering. A Type II buffer shall be established along all property lines adjoining residentially zoned or used property.

(E) Access. Funeral homes must have direct access to either a thoroughfare or collector street.

(Ord. passed 3-5-2018)

§ 152.176 GASOLINE SALES, RETAIL (NO REPAIR OR SERVICE FACILITIES).

(A) Where required. These standards shall apply within the GC District.

(B) Gasoline service islands. No more than one gasoline service island with two gasoline pumps shall be allowed.

(Ord. passed 3-5-2018)

§ 152.177 GOLF DRIVING RANGE.

(A) Where required. These standards shall apply within the AG and GC Districts.

(B) Setbacks. Tee areas must be located at least 50 feet from any street right-of-way.

(C) Range area. When located within 1,000 feet of a street right-of-way, the range area shall be constructed so that it is as close to perpendicular to the street as possible.

(D) Lighting. Lighting shall be turned off between the hours of 10:00 p.m. and 6:30 a.m.

(E) Netting. Netting shall be provided in those areas where it is possible that a golf ball may travel onto adjoining property or streets.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.178 GOVERNMENT OFFICES.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(C) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(D) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials.

(a) No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single-family dwellings.

(b) The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.179 GROUP CARE FACILITY.

(A) Where required. These standards shall apply within the OI and GC Districts.

(B) Separation. No group care facility shall be established within 1,500 feet of any other group care facility.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.180 HOME OCCUPATIONS (CUSTOMARY).

(A) Where required. These standards shall apply within the AG, R-3, R-10, R-15, OI and CB Districts.

(B) Maximum area. Area set aside for the home occupation shall occupy no more than 25% of the gross floor area of the dwelling unit.

(D) Operation.

(1) The home occupation shall be conducted entirely within a dwelling unit exclusive of a garage or carport. It shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes and shall not change the outward appearance of the residence. Home occupations or any accessory storage are not permitted in a detached garage or in any other accessory structures.

(2) Permitted home occupations include, but are not limited to: typing services; telephone sales; barber/beauty services; doctor/dentist offices; architects; accountants; attorneys; family day care (five or less persons); food catering; and handcrafting.

(3) Only hand-made items, foodstuffs and crafts made in the dwelling unit may be offered for sale on the premises. No goods, products or commodities brought into the dwelling unit for purposes of resale shall be sold on the premises.

(4) Only one person may be employed who is not an occupant of the residence.

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

(6) Activities shall not generate traffic, parking, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the district in which it is located.

(7) One commercial vehicle, and a trailer upon which equipment can be stored, neither of which shall exceed 24 feet in length, may be allowed in conjunction with the home occupation. No maintenance or repair of commercial equipment associated with the home occupation shall be conducted on the property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.181 INSURANCE AGENCIES (WITH ON-SITE CLAIMS INSPECTIONS).

(A) Where required. These standards shall apply within the GC District.

(B) Inspection area. All claims inspections must take place in a fully enclosed structure.

(D) Long-term storage. No vehicle may be stored on the premises for more than 30 days.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.182 KENNELS, COMMERCIAL.

(A) Where required. These standards shall apply within the GC District.

(B) Separation. No commercial kennel shall be established within 200 feet of a residentially zoned or used property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.183 LAUNDROMATS.

(A) Where required. These standards shall apply within the GC District.

(B) Maximum size. Laundromats are limited to a maximum of 2,000 square feet of gross floor area.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.184 LIBRARIES.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(C) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(D) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials. No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single- family dwellings. The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(E) Access. Libraries must have direct access to a thoroughfare or collector street.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.185 LIVESTOCK.

(A) Agricultural and temporary uses.

(1) Where required. These standards apply within the AG and I District.

(2) Minimum area. The minimum lot area shall be five acres.

(3) Setback. All structures housing livestock shall be located a minimum of 200 feet from adjoining property lines.

(4) Fencing. A security fence, capable of restraining the movement of livestock from the property, shall be erected around the perimeter of all areas containing livestock.

(5) Temporary use. Livestock contained within the Industrial District shall only be temporary for special event purposes, and must obtain a zoning certificate of compliance from the Ordinance Administrator. Events within the Industrial District that temporarily hold livestock shall house livestock for a maximum of two calendar weeks.

(B) Accessory use.

(1) Where required. These standards shall apply within the AG Districts, where the principal use of the lot is residential.

(2) Standards for the keeping of cloven hoofed animals.

(a) Minimum lot size:

1. Horses, cows and similarly sized animals: no more than one animal, over six months of age is permitted per 20,000 square feet of fenced lot area; and

2. Sheep, goats and similarly sized animals: no more than one animal, over six months of age is permitted per 10,000 square feet of fenced lot area.

(b) All structures for housing livestock shall not be located any closer than 150 feet from residential structures on adjoining property.

(d) Manure and waste storage areas shall be at least 75 feet from a dwelling, wellhead, pond, creek or other water feature and 25 feet from a property line.

(3) Standards for the keeping of fowl.

(a) Minimum lot size: no more than one animal, over six months of age is permitted per 500 square feet of fenced lot area; in any case, no more than 30 fowl may be kept on one property.

(b) Fowl shall be kept within a fence enclosure and shall subject to setbacks for principal buildings.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.186 MANUFACTURED HOME PARK.

(A) Where required. These standards shall apply within the AG District.

(B) Minimum park size. The total size of a manufactured home park shall be at least five acres and each park shall have a minimum of ten designated dwelling unit spaces.

(D) External setbacks. All development within a manufactured home park shall be set back at least 25 feet from a public street right-of-way, 25 feet from the rear lot line of the park and 15 feet from a side lot line of the park.

(E) Internal separation. Manufactured homes within a manufactured home park shall be limited to one dwelling unit per space, and shall maintain a minimum separation of at least 15 feet from any other dwelling or structure.

(F) Minimum lot dimensions. Each designated dwelling unit space shall be at least 50 feet wide and have a minimum depth of 100 feet.

(G) Internal setbacks. Manufactured homes may not be located any closer than ten feet to a designated lot line or street edge of pavement.

(H) Street standards. All streets within a manufactured home park shall be paved and privately maintained in accordance with town engineering standards. The paving surface associated with each street shall be at least 20 feet in width and graded to a width of at least 30 feet for two-way traffic.

(I) Storm water and grading. The park shall be designed and graded in accordance with town engineering standards to allow for the adequate run-off of storm water. Storm drains shall be provided to adequately intersect surface water flow.

(J) Utilities. Each dwelling unit space within a park shall be served with adequate electricity, potable water and sanitary sewer facilities in accordance with town engineering standards.

(K) Parking. All parking areas shall be paved with asphalt, concrete or other all weather material.

(L) Buffering. A Type II buffer shall be established around the external boundary of the manufactured home park where it abuts residentially zoned or used property.

(M) Class A manufactured home required. Only Class A manufactured homes, as defined by this chapter, shall be allowed in the manufactured home park.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.187 MANUFACTURED HOME SALES, NEW.

(A) Where required. These standards shall apply within the I District.

(B) Density. A minimum of 5,000 square feet shall be required for each dwelling unit displayed for sale.

(D) Internal setbacks. Dwelling units displayed for sale must maintain a 20-foot setback on all sides from other dwelling units displayed for sale.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.188 PORTABLE SELF STORAGE CONTAINERS.

(A) Where required. These standards shall apply within the AG, R-3, R-10 and R-15 Districts.

(B) Number. No more than two portable self storage containers shall be allowed on any property at one time.

(D) Size. Individual containers may not exceed 1,360 cubic feet of volume and may not have any dimension greater than 20 feet.

(E) Time limit. Containers may be located on a property for a time period not to exceed 30 days unless they are used in conjunction with bona fide construction activity evidenced by a valid building permit. If a valid building permit is obtained for the repair, renovation or reconstruction of the principal structure on the lot, containers may be present for a period of up to ten months from the date that the building permit was issued. In no case shall a container remain on the property for more than 30 days following the final inspection for the construction that was authorized by the permit.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.189 POST OFFICES.

(A) Where required. These standards shall apply within the R-10 and R-15 Districts.

(B) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(C) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(D) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(1) Exterior building materials. No exterior wall, which is visible from a public right-of-way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single- family dwellings. The use of brick or split-faced block is highly encouraged.

(2) Roofs.

(a) A minimum roof pitch of 5/12 is required.

(b) Roofing materials must be of a similar style and color as those of surrounding residences.

(E) Access. Post offices must have direct access to a thoroughfare or collector street.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.190 RESTAURANTS (NO DRIVE-THROUGH SERVICE).

(A) Where required. These standards shall apply within the GC District.

(B) Maximum size. Restaurants are limited to a maximum of 2,000 square feet of gross floor area devoted to customer serving areas.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.191 SCHOOLS.

(A) School, dance academy, art.

(1) Where required. These standards shall apply within the R-10 and R-15 Districts.

(2) Building setback. A minimum setback of 30 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(3) Buffering. A Type II buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(4) Building design standards. Structures shall be designed so that they respect the residential character of the area in which they are located. To achieve this, the following standards shall apply.

(a) Exterior building materials. No exterior wall, which is visible from a public right-of- way or an adjoining residentially zoned or used property, may be finished with plywood, corrugated or sheet metal, stucco, cinder block or other materials which are not normally used to finish the exterior walls of single-family dwellings. The use of brick or split-faced block is highly encouraged.

(b) Roofs.

1. A minimum roof pitch of 5/12 is required.

2. Roofing materials must be of a similar style and color as those of surrounding residences.

(B) School, elementary.

(1) Where required. These standards shall apply within the R-10 and R-15 Districts.

(2) Building setback. A minimum setback of 50 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(3) Buffering. A Type III buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(4) Access. A minimum of two access points shall be provided along a thoroughfare or collector street.

(1) Where required. These standards shall apply within the R-15 Districts.

(2) Building setback. A minimum setback of 50 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(3) Buffering. A Type III buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(4) Access. A minimum of two access points shall be provided along a thoroughfare or collector street.

(D) School, senior high.

(1) Where required. These standards shall apply within the R-15 Districts.

(2) Building setback. A minimum setback of 50 feet shall be required between all structures and adjoining property lines of adjacent residentially zoned or used property.

(3) Buffering. A Type III buffer shall be established along all side and rear property lines adjacent to residentially zoned or used property.

(4) Access. A minimum of two access points shall be provided along a thoroughfare or collector street.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.192 SEASONAL SALES (CHRISTMAS TREES, PUMPKINS AND THE LIKE).

(A) Where required. These standards shall apply within the AG and OI Districts.

(B) Hours of operation. Hours of operation shall be limited to the hours between 8:00 a.m. and 10:00 p.m.

(D) Separation. A seasonal sales establishment shall not be located within 100 feet of a structure used for residential purposes.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.193 SELF STORAGE FACILITIES.

(A) Where required. These standards shall apply within the GC District.

(B) Maximum size. The maximum size of the development shall be three acres.

(D) Outdoor storage. The only items allowed to be stored outdoors on the site are vehicles, boats and equipment that are in operable condition.

(E) Prohibited activities. No activity or use, other than those associated with the operation of the facility and the storage of goods is allowed. No maintenance or repair of equipment, boats or vehicles is allowed on the premises.

(F) Screening. A minimum six-foot high opaque fence shall be erected around all storage areas.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.194 SHOOTING RANGES.

(A) Shooting range, indoor.

(1) Where required. These standards shall apply within the I and GC Districts.

(2) Noise reduction. Indoor shooting ranges shall be designed to absorb noise to the maximum extent feasible.

(3) Hours of operation. Hours of operation shall be limited to the hours between 8:00 a.m. and 9:00 p.m. on Monday through Saturday.

(B) Shooting range, outdoor.

(1) Where required. These standards shall apply within the AG and I Districts.

(2) Hours of operation. Hours of operation shall be limited to the hours between 8:00 a.m. and 8:00 p.m. on Monday through Saturday.

(3) Setback. No portion of the shooting range shall be located within 300 feet of a property line.

(4) Security fencing. A minimum six-foot high fence shall be erected around the entire perimeter of the shooting range.

(5) Berms. Berms of a sufficient height and thickness shall be constructed downrange to prevent rounds from leaving the range. Elevation control must be provided on the firing line to prevent rounds from being fired over the berm.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.195 SWIMMING POOLS.

(A) Where required. These standards shall apply within the AG, R-3, R-10, R-15, OI and GC Districts.

(B) Fencing. A minimum four-foot high fence shall be erected around all swimming pools.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.196 TATTOO AND BODY PIERCING ESTABLISHMENT.

(A) Where required. These standards shall apply within the GC District.

(B) Restrictions on public viewing. All tattooing or piercing shall take place in an area of the establishment that cannot be viewed by other customers or by the general public from any public or private street right-of-way or any area commonly accessed by the public (i.e., parking lots, mall corridors, promenades, sidewalks), whether on the same or a nearby property.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.197 TEMPORARY CONSTRUCTION TRAILERS.

(A) Where required. These standards shall apply within all districts.

(B) Location. Temporary construction trailers may not be placed within a street right-of-way.

(D) Time limit. Temporary construction trailers may only be placed on a property for which a valid building permit has been issued. Trailers may remain only during the period of actual construction. They must be removed from the premises prior to a certificate of occupancy being issued for the structure.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.198 TRUCK STOPS.

(A) Where required. These standards shall apply within the GC District.

(B) Time limits. No truck or trailer may remain on the premises for more than 12 hours.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.199 VENDING STATIONS, UNMANNED.

(A) Where required. These standards shall apply within the GC District.

(B) Exterior materials. If the exterior finish of the vending station is metal, only smooth, non- corrugated metal may be used.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.200 WHOLESALE AGRICULTURAL SALES.

(A) Wholesale agricultural chemical, pesticide and fertilizer sales.

(1) Where required. These standards shall apply within the AG District.

(2) Separation. No storage areas for chemicals, pesticides or fertilizer may be located within 300 feet of a structure used for residential purposes.

(B) Wholesale agricultural product sales.

(1) Where required. These standards shall apply within the AG District.

(2) Separation. Establishments may not be located any closer than 150 feet from a structure used for residential purposes.

(1) Where required. These standards shall apply within the AG District.

(2) Separation. Establishments may not be located any closer than 150 feet from a structure used for residential purposes.

(Ord. passed 3-5-2018) Penalty, see § 152.999

§ 152.201 WIRELESS TELECOMMUNICATION FACILITIES.

(A) Where required. These standards shall apply within the AG, R-10, R-15, OI, GC and I Districts.

(B) General provisions. New freestanding wireless communication facilities shall comply with the standards in this subsection. These regulations shall not apply to non-commercial amateur/ham radio towers and emergency communication towers owned by the town or other public agency that are used wholly or in part for public safety purposes.

(C) Collocation required. It is the intent of the town to encourage providers to collocate facilities in an effort to limit the number of telecommunication towers in the town’s jurisdiction. New freestanding wireless communication facilities shall be subject to the following requirements.

(1) No new freestanding wireless communication facility may be located within 1,000 linear feet (as measured using the shortest straight line distance) of an existing water tower, power transmission tower or similar feature unless the applicant can demonstrate that collocation was pursued, but rejected by the owner of the existing water tower, power transmission tower or similar feature.

(2) No freestanding wireless communication facility may be located within 1,500 linear feet of an existing freestanding wireless communication facility unless the applicant can demonstrate that collocation is not a viable option.

(3) The town may require, as a condition of approval, telecommunication service providers to notify other telecommunication service providers of the fact that space on a new freestanding wireless communication facility is available on a lease basis, and to negotiate in good faith with other providers to provide space on existing freestanding wireless communication facility at a reasonable lease cost.

(D) Design.

(1) (a) All telecommunication towers shall be of a monopole design and construction.

(b) Lattice and guyed tower design shall be prohibited.

(2) The town may require as a condition of the zoning permit that the freestanding wireless communication facility be camouflaged to blend with its surroundings through creative placement, painting or other approaches.

(3) Freestanding wireless communication facilities must be setback from property lines a distance of at least 125% of the total height of the facility.

(E) Maximum height.

(1) Within the R-10, R-15 and OI Districts, the maximum height shall be limited to 100 feet.

(2) Within the AG, GC and I Districts, the maximum height shall be limited to 200 feet.

(F) Small/micro antennas and equipment. Small/microantennas and equipment may be installed in any zone as long as a zoning permit is obtained and all equipment complies with this chapter and NCSL 2017-159 and any future additions and/or amendments made to this law and its provisions.

(Ord. passed 3-5-2018) Penalty, see § 152.999

Kenansville City Zoning Code

USE STANDARDS

§ 152.145 USE TABLE.

(A) General. This section sets forth the allowable uses for the residential and non-residential zoning districts as described in §§ 152.130 through 152.134 of this chapter.

(B) Explanation of the structure of the use table.

(1) Organization of use table. The Use Table is arranged into a number of categories that group uses by their functional classification such as residential or commercial.

(4) Prohibited uses. A blank cell indicates that a particular use type is not allowed in the base zoning district.

(5) Development standards.

(b) These additional standards are located in §§ 152.146 through 152.201 of this chapter.

(6) Uses prohibited by overlay zoning.

(b) See § 152.132 of this chapter for specific information on the modification of permitted uses in the overlay districts.

(7) Uses not listed.

(c) The Ordinance Administrator shall recommend text amendments to the Planning Board for their review upon determining that the Use Table would benefit from the addition of an unlisted use.

Uses by District
P - Use permitted by right S - Use permitted by a special use permit D - Additional development standards apply Blank - Use not allowed
Uses		AG	R-3	R-10	R-15	OI	CB	GC	I
Accessory Uses
	Accessory dwelling unit	PD	PD	PD	PD	PD	PD	PD
	Accessory uses and structures (customary)	P	P	P	P	P	P	P	P
	Home occupations (customary)	PD	PD	PD	PD	PD	PD	PD
	Livestock	PD
	Swimming pools	PD	PD	PD	PD	PD		PD
Agricultural Uses
	Agricultural production, crops	P	P	P	P	P	P	P	P
	Livestock, agricultural production	PD
	Forestry	P		P	P	P	P	P	P
	Horticultural production	P			P
	Produce stands	P						P
	Veterinary services (livestock)	P
Commercial Uses
	Adult entertainment							SD
	Alcoholic beverage control (ABC) stores						P
	Animal shelters							P
	Auction houses					PD	PD	P
	Automobile repair and service centers (no gasoline sales)						PD	PD
	Automobile repair and service centers (with gasoline sales)						PD	PD
	Automobile sales, rental and leasing						PD	PD
	Automobile supply stores						P	P
	Automobile towing and storage							P
	Banks and credit unions				PD	PD	P
	Barber shops and salons					P	P
	Bars, nightclubs and similar establishments					SD	SD
	Bed and breakfast inns	PD	PD	PD	PD	PD	PD	PD
	Car washes						PD	P
	Convenience stores (with gasoline sales)						PD	PD
	Convenience stores (no gasoline sales)					P	P	P
	Contractors offices (no outside storage)				P	P	P	P
	Contractors offices (with outside storage)						PD	P
	Crematoriums						SD	PD
	Drug stores and pharmacies (with drive-through service)						P
	Drug stores and pharmacies (no drive-through service)				PD	P	P
	Dry cleaners					PD	PD
	Equipment rental and leasing (no outside storage)						PD	P
	Equipment rental and leasing (with outside storage)						SD	P
	Equipment repair services (no outside storage)						PD	P
	Equipment repair services (with outside storage)						SD	P
	Farm equipment sales and service	PD							P
	Farm and agricultural supplies, retail							PD	P
	Fuel oil sales, retail	SD						SD	P
	Funeral homes (no crematory services)			SD	SD	PD		P
	Garden centers and nurseries, retail	S						P
	Gasoline sales, retail (no repair or service facilities)							PD	P
	General merchandise stores						P	P
	Grocery stores						P	P
	Hardware and home improvement stores							P	P
	Home furnishings stores						P	P
	Hotels and motels						P	P
	Insurance agencies (with on-site claims inspection)							PD	P
	Kennels, commercial							SD	P
	Landscaping services	S						S	P
	Laundromats							PD
	Manufactured home sales, new								PD
	Medical and dental offices and laboratories					P	P	P
	Medical treatment centers					P	P	P
	Motorcycle sales							P	P
	Movie theaters						P	P
	Pawnbrokers							P
	Personal services establishments (not otherwise classified)						P	P
	Professional offices (not otherwise classified)					P	P	P
	Recreational vehicle sales							S	P
	Restaurants (no drive-through service)						P	PD
	Restaurants (with drive-through service)							P
	Retail sales (not otherwise classified)						P	P
	Specialty food and beverage stores						P	P
	Tire sales, retail (no outside storage)							P	P
	Tattoo and body piercing establishment							SD
	Truck stops							SD	P
	Vending stations, unmanned							PD
	Veterinary services (domestic animals)	S						P	P
Governmental, Educational and Institutional Uses
	Ambulance/EMS stations	P	SD	SD	P	P	P	P
	Assisted living/nursing facilities		PD	PD	P	P	S
	Amphitheaters				P	P
	Auditoriums				P	P	P
	Cemeteries	P			P	P	P	P
	Churches/religious institutions	P	PD	PD	P	P	P
	Civic or fraternal organizations			S	P	P	P
	Colleges and universities				P
	Conference and event centers				P
	Day care centers, adult (29 or less)		PD	PD	P		S
	Day care centers, adult (30 or more)				S		S
	Day care centers, child (29 or less)		PD	PD	P		S
	Day care centers, child (30 or more)		SD	SD	P		S
	Fire stations	P	SD	SD	P	P	P	P
	Government offices and facilities		SD	SD	P	P	P	P
	Hospitals				P	P
	Libraries		SD	SD	P	P	P
	Museums				P	P	P
	Police stations				P		P
	Post offices		SD	SD	P	P	P
	School, dance academy, art		PD	PD	P	P	P
	School, elementary	S	PD	PD	P
	School, middle high	S		PD	P
	School, senior high	S		PD	P
	School, trade or vocational				P		P	P
Industrial and Manufacturing Uses
	Agricultural supply and equipment manufacturing								P
	Apparel manufacturing								S
	Athletic and sporting equipment assembly								P
	Bookbinding								P
	Computer and electronics assembly								P
	Drug and pharmaceutical manufacturing								P
	Electrical equipment and machinery assembly								P
	Engineering, scientific and research instrument assembly								P
	Industrial laundry services								S
	Industrial research, development and testing services								P
	Light industrial and manufacturing uses (not otherwise classified)								S
	Metal fabrication and welding, light								S
	Office supply and equipment assembly								P
	Optical equipment manufacturing								P
	Plastic forming, pressing and assembly								S
	Printing and publishing								P
	Sign manufacturing								P
	Surgical, medical and dental equipment manufacturing								P
Recreational Uses
	Commercial recreation, indoor					P	P
	Commercial recreation, outdoor	P					P	S
	Country club	SD		SD
	Golf course	S		S
	Golf driving range	SD					SD
	Horse stables/riding academies	P
	Public park	P	P	P	P	P	P
	Public recreation facility, indoor		P	P	P
	Public recreation facility, outdoor	P	P	P	P
	Shooting range, indoor						SD	SD
	Shooting range, outdoor	SD						SD
Residential Uses
	Boarding and rooming houses				SD			SD
	Dwelling, single-family detached	P	P	P	P		P	P
	Dwelling, duplex		P	P	P		P	P
	Dwelling, multi-family			PD	PD		PD	PD
	Dwelling, townhouse		PD	PD	PD		PD	PD
	Dwelling, live/work		PD	PD	PD	PD	PD	PD
	Dwelling, upper story loft					P	P	P
	Dwelling, manufactured home, Class A (see “Overlay District”)
	Family care home	PD	PD	PD	PD		PD	PD
	Group care facility					SD		SD
	Manufactured home park	SD
Temporary Uses
	Carnivals, circuses and fairs	PD				PD			PD
	Flea markets and swap meets	SD							S
	Livestock								PD
	Portable self storage containers	PD	PD	PD	PD
	Religious events	P	P	P	P	P	P	P	P
	Seasonal sales (Christmas trees, pumpkins and the like)	PD				PD		P	P
	Temporary construction trailers	PD	PD	PD	PD	PD	PD	PD	PD
	Yard sales (2 per year)	P	P	P	P	P	P	P	P
Transportation, Warehousing and Utility Uses
	Bulk mail or parcel handling facilities								P
	Communication lines and exchanges	P		S	S	P	P	P	P
	Moving and storage services								P
	Public utility lines, pump stations, towers and related equipment	P		P	P	P	P	P	P
	Sewage treatment plants								P
	Self-storage facilities							SD	P
	Truck and freight terminals								P
	Utility equipment and storage yards								P
	Warehouses and distribution centers								P
	Water treatment plants								P
	Wireless telecommunications facilities (including small/micro antennas/equipment)	PD		PD	PD	PD		PD	PD
Wholesale Uses
	Wholesale agricultural chemical, pesticide and fertilizer sales	SD							S
	Wholesale agricultural supply sales	SD							P
	Wholesale agricultural product sales	SD							P
	Wholesale bottled gas sales								S
	Wholesale chemical and allied product sales								S
	Wholesale petroleum and petroleum product sales								S
	Wholesale scrap and waste material sales								S
	Wholesale uses (not otherwise classified)								P