(A)   The Commercial Zone is established primarily to encourage convenient and accessible sales, service, entertainment, professional and business facilities to the general populace of the town in such a manner that will not infringe upon nor degrade the natural qualities of residential neighborhoods.

   (B)   In the Commercial Zone, buildings or lands shall be used for one or more of the following specified permitted uses or conditional uses and none other.

(Ord. 91-08, passed 11-18-91; Am. Ord. 99-08, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 18-4, passed 6-14-21)

   Within the Commercial Zone, no lot, building or structure shall be used and no building or structure shall be erected which is intended or designed for any other than one or more of the following specified purposes:

   (A)   Single-family dwellings;

   (B)   Duplex dwellings;

   (C)   Multi-family dwellings of three or more units per dwelling;

   (D)   Hotels and motels;

   (E)   On-site accessory structures; accessory dwelling units;

   (F)   Clinics, hospitals (with a maximum of 30 beds) and nursing homes;

   (G)   Home occupations as defined herein;

   (H)    Town-owned and leased facilities;

   (I)   Playgrounds;

   (J)   Auditoriums or convention centers, assembly halls, museums;

   (K)   Places of worship, daycare centers, schools (public or private);

   (L)   Banks, financial institutions, business or professional offices, post office;

   (M)   Theaters;

   (N)   Retail business, including drug or grocery stores, hardware stores, gift shops, clothing shops, book stores, music stores, bait and tackle shops, furniture stores, arts and crafts, florists, pet stores, produce markets, cycle and skate shops, photo shops, rental shops, electronic equipment, automobile sales, automobile rentals and repairs, hammocks, boat sales, boat rentals and repairs, automobile supplies, thrift/consignment stores, appliance store, toy stores, convenience store, taxicabs, car washes and home care systems;

   (O)   Restaurants, bars, night clubs, drive-ins, bakeries, and outdoor waiting activity area(s);

   (P)   Places of business where service is rendered, including barber shops, beauty parlors, nail salons, personal spa salons, electronic repair shops, shoe repair shops, dry cleaner, clothes tailor, laundromat, blue print shop, tanning salons, and realty and construction office without property management;

   (Q)   Public or private parking lots;

   (R)   Stores or shops for custom work or for producing products to be sold at retail on the premises, including art galleries, antique stores, jewelry shops, trophy and engraving shops, wood crafts and hobbies, sign business, frame shop;

   (S)   Swimming pools, tennis courts;

   (T)   Bed and breakfasts (see § 153.312 for requirements);

   (U)   Communication broadcast studios and sales offices;

   (V)   Motorcycle sales and service subject to the following conditions:

      (1)   All partially dismantled vehicles, cycles or parts shall be stored indoors;

      (2)   Applicants' operations comply with § 130.02;

   (W)   Rooming houses, boarding houses;

   (X)   Billiard parlors, video and amusement arcades;

   (Y)   Paint/wall treatment stores, carpet and flooring stores, windows and doors stores, video, audio and lighting stores, and pool and hot tub spa stores, such that the activity would not constitute warehousing as defined by this chapter;

   (Z)   Haunted houses; and

   (AA)   Indoor athletic and exercise facilities.

   (BB)   Shopping center/office complex.

   (CC)   Automated ice vending structure.

   (DD)   Astrology and tarot card office.

   (EE)   Internet and/or electronic gaming operations as defined in § 153.002 Definitions and regulated in § 153.314 Internet and/or Electronic Gaming Accessory Business Use.

   (FF)   Cottage court. See § 153.310 for additional regulations.

   (GG)   Cluster homes. See § 153.311 for additional regulations.

   (HH)   Brewery.

(Ord. 91-08, passed 11-18-91; Am. Ord. 94-01, passed 1-26-94; Am. Ord. 96-1, passed 2-22-96; Am. Ord. 97-01, passed 1-13-97; Am. Ord. 99-01, passed 1-11-99; Am. Ord. 99-08, passed 5-10-99; Am. Ord. 00-02, passed 1-10-00; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-06, passed 3-13-02; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 04-08, passed 5-26-04; Am. Ord. 04-21, passed 11-17-04; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 07-17, passed 10-24-07; Am. Ord. 08-04, passed 1-14-08; Am. Ord. 10-03, passed 4-12-10; Am. Ord. 11-17, passed 8-8-11; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 12-22, passed 11-14-12; Am. Ord. 12-24, passed 12-10-12; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 15-7, passed 9-21-15; Am. Ord. 16-19, passed 6-27-18; Am. Ord. 16-23, passed 1-14-19; Am. Ord. 16-25, passed 4-24-19; Am. Ord. 17-28, passed 3-8-21 ; Am. Ord. 18-4, passed 6-14-21 )

      (1)   The site for such activity must be at least two acres in size.

      (2)   No portion of the principal use, except parking and grassed areas, including natural grass putting courses, shall be located within 50 feet of the boundary line. No portion of the principal use, except parking, shall be located within 100 feet of the boundary line if adjoining a residential area or abutting a street that adjoins a residential area.

      (3)   The height of the structure or device shall not exceed 40 feet above the general ground elevation of the site.

      (4)   No loudspeaker devices for music or other broadcasting or amplification shall be used in connection with such activity so as to create a noise hazard or nuisance.

      (5)   The principal use must be screened by a fence no less than six feet in height and buffered with dense vegetation which is no less than ten feet in height to screen the area from adjoining districts. Where natural vegetation does not provide sufficient screening, the boundaries of the site must be planted with dense vegetation which will reach a mature growth of eight to ten feet within three years. Suitable plant types shall be those recommended by the U.S. Department of Agriculture for coastal areas. (Appendix A)

      (6)   The principal use shall be located in such a manner so as not to act as a traffic hazard for passing motorists and shall not have any spotlights or other lighting devices which shall interfere with either the adjoining uses or property or automotive traffic on adjoining streets or highways.

      (7)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum. The following conditions shall apply to skateboard ramps as special uses in the commercial zone:

         (a)   The skateboard ramp structure shall be approved by a North Carolina certified engineer;

         (b)   Time of operation shall be limited to 9:00 a.m. to 10:00 p.m.;

         (c)   Sound mitigation features shall be incorporated into construction of all skateboard ramps;

         (d)   Installation of skateboard ramp must meet current industry standards;

         (e)   Each owner of a skateboard ramp facility shall be required to submit to the town, annually upon renewal of the appropriate privilege license(s), a certificate of insurance verifying liability insurance coverage relieving the town of all liability;

         (f)   A provision for security of the skateboard ramp facility during hours of non-use and non-operation shall be included as a part of any application for this conditional use.

      (8)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum. The following conditions shall apply to go-kart tracks and bumper car facilities as special uses in the commercial zone:

         (a)   Time of operation shall be limited to 9:00 a.m. to 11:00 p.m. during Daylight Saving Time and 9:00 a.m. to 10:00 p.m. during Eastern Standard Time;

         (b)   Sound mitigation features shall be incorporated into construction of all go-kart tracks and bumper car facilities;

         (c)   Installation of go-kart tracks and bumper car facilities must meet current industry standards;

         (d)   A provision for security of the go-kart track and bumper car facilities during hours of non-use and non-operation shall be included as a part of any application for this special use;

         (e)   Carts and cars shall be powered by electric motors to limit engine noise of facility;

         (f)   The track and bumper car area shall be fenced or physically separated from customer observation areas or other features deemed hazardous to the participants/observers; and

         (g)   Noise limits shall be consistent with § 153.185.

         (h)   The minimum lot size for go-kart track and bumper car facilities shall not be less than 4.4 acres.

   (B)   Body piercing business. Body piercing establishment that is properly licensed in accordance with the regulations outlined within Ch. 114.

   (C)   Overhead transmission systems in accordance with §§ 153.280 - 153.288.

   (D)   Wind turbines.

      (1)   The site size for installation of a wind turbine shall be a minimum of one acre and shall have a separation of a minimum of 100 feet from any other wind turbine tower.

      (2)   Noise limits shall be consistent with § 153.185.

      (3)   The tower height shall not exceed 80 feet. The rotor size shall not exceed 23 feet in diameter. The combined height of the tower and rotor shall not exceed 92 feet above finished grade at the base of the tower.

      (4)   The tower shall be set back from all property lines a minimum distance equal to the combined height of the tower and rotor. In addition, the tower shall be set back from US 158 Bypass (Croatan Highway) and NC 12 (Virginia Dare Trail) a minimum distance of 250 feet.

      (5)   The turbine and tower shall be designed to withstand maximum wind speeds as stipulated in the North Carolina Building Code.

      (6)   The tower shall be self-supporting tubular tower (monopole); self-supporting lattice tower; or a guyed-lattice type tower with a minimum guy radius of 50% of tower height, and a maximum guy radius of 90% of tower height. No portion of the tower or guyed wires will interfere with fire lanes.

      (7)   A North Carolina licensed professional engineer must seal all structural plans.

      (8)   The base of the tower shall be secured in such a way to prevent unauthorized climbing.

      (9)   The power processor shall not exceed a rated power of ten kilowatts, and shall have an output of 240VAC, 60 hz, 1Ph. The processor shall be UL certified 1741, and in compliance with IEEE 929 & 519.

      (10)   No lighting (unless required by FAA Regulations) or signage of any kind shall be permitted on the tower or wind turbine.

      (11)   The tower and turbine shall be neutral in color and not create a visual distraction from the ground level.

      (12)   At such time the turbine is no longer functioning the tower shall be removed within 120 days.

      (13)   The tower, turbine and guy wires will meet all applicable FAA Regulations.

      (14)   No type of communications antennae or array, or antennae of any kind shall be allowed to be installed or connected to the wind turbine structure.

      (1)   Outdoor areas must be enclosed with metal, wood, or masonry fencing. Screening consistent with § 153.073(F)(2)(c) must be provided directly adjacent to the enclosure. Outdoor areas must provide an appropriate setback to any incompatible uses or zones. Vacant parcels shall be screened as if developed as residential.

      (2)   The number of dogs shall be specified and shall be in proportion to the size of the facility and setting.

      (3)   Hours of operation shall be specified as to preclude overnight kenneling.

      (4)   A written management plan addressing operations of facility, specifically to minimize odor and noise must be provided.

      (5)   Parking shall be provided at a ratio of one space per 200 square feet of indoor area.

      (6)   Dare County Health Department approval is required.

      (7)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.

      (1)   All pens and kennels shall be located in an enclosed, heated and air conditioned building.

      (2)   Outdoor areas must be enclosed with metal, wood, or masonry fencing. Screening consistent with § 153.073(F)(2)(c) must be provided directly adjacent to the enclosure. Outdoor areas must provide an appropriate setback to any incompatible uses or zones. Vacant parcels shall be screened as if developed as residential.

      (3)   The service of a boarding kennel, as defined in this chapter, shall not be allowed.

      (4)   A written management plan must be provided addressing operations of facility, specifically to minimize odor and noise.

      (5)   Parking shall be provided at a ratio of one space per 200 square feet of indoor area.

      (6)   Dare County Health Department approval is required.

      (7)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.

      (1)   Event gardens shall be an accessory use to a hotel or motel on the same lot. To meet the definition of “on the same lot”, lots or tracts utilized with this commercial special use shall be combined by either (a) a recombination plat prepared by a professional land surveyor for recordation at the Office of the Dare County Register of Deeds, or (b) a restrictive covenant tying the lots together for purposes of the special use prepared by an Attorney for recordation at the Office of the Dare County Register of Deeds. The format of the restrictive shall be reviewed and approved by the Town Attorney prior to recordation.

      (2)   The site designated for an event garden shall be a minimum of one acre in size.

      (3)   The area designated for the event garden shall be buffered on all sides by either a landscaped, earthen berm and/or decorative fencing constructed of block and/or wood no less than eight feet in overall, combined height.

      (4)   Any structures, temporary or permanent, associated with an event garden shall comply with § 153.181 Commercial Zone Setbacks.

      (5)   Event gardens shall comply with § 153.180(E) Commercial Zone Lot Coverage. Any tent erected for more than 30 consecutive days shall be considered lot coverage.

      (6)   Event gardens shall not begin operation before 7:00 a.m. and must cease at 11:00 p.m.

      (7)   An event that exceeds the approved capacity of the event garden shall be required to obtain special event permit in accordance with Chapter 111 Special Events – Charitable Events.

   (H)   Outdoor dining activity area(s).

      (1)   Outdoor dining activity area(s) shall be accessory to restaurant use only, not including drive-in restaurants.

      (2)   Outdoor dining activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.

      (3)   No cooking or serving utilities including grilles, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.

      (4)   Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.

      (5)   The area must be kept clean of litter and maintained in a safe and sanitary condition.

      (6)   Appropriate waste receptacles with affixed lids shall be provided.

      (7)   On sides not adjoining the principal building the area designated as outdoor waiting activity area(s) shall be bordered by a minimum four foot high fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).

      (8)   Outdoor dining activity area(s) may not be roofed or shaded in any way other than standard table umbrellas and sail shades. Erection of a tent subject to a special use or event permit from the town is not prohibited. Sail shade(s) shall be permitted provided the following conditions are met:

         (a)   Shall be located within setbacks;

         (b)   Shall be calculated for total lot coverage;

         (c)   Height shall not exceed 15 feet;

         (d)   No greater than 40% of the approved outdoor dining activity area can be covered with sail shade(s);

         (e)   Individual sail shade(s) shall not exceed 400 square feet;

         (f)   Meet all requirements of the NC Building Code; and

         (g)   Sail shade(s) shall be maintained as designed and if frayed (threadbare, worn, tattered, unraveled, etc.) or unsafe, the sail shade will be required to be removed, repaired, or replaced.

      (9)   Outdoor dining activity area(s) shall comply with minimum parking requirements for the primary structure as set forth in § 153.076.

      (10)   Outdoor dining activity area(s) must have Health Department approval and meet all aspects of the NC Building Code.

      (11)   Application for a special use permit shall include a standard commercial site plan and a written description of the function of the area including hours of operation, types of games or activities provided and what food and beverages if any may be consumed in the area. Means of compliance with outdoor alcoholic beverage consumption shall be included.

      (12)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-06, passed 6-14-93; Am. Ord. 96-05, passed 4-24-96; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-08, passed 7-25-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 07-16, passed 10-24-07; Am. Ord. 08-07, passed 2-27-08; Am. Ord. 10-01, passed 1-11-10; Am. Ord. 11-08, passed 5-25-11; Am. Ord. 11-21, passed 10-10-11; Am. Ord. 12-04, passed 3-28-12; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 15-15, passed 5-16-16; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-8, passed 3-7-22)

   See §§ 153.050 et seq.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   (A)   No structure shall exceed a total height of 50 feet.

   (B)   No structure shall have more than four levels of living space.

   (C)   Antennas for personal use, chimneys and elevator towers are exempt from height restrictions.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   (A)   Lot dimensions. All parcels shall have a minimum width of 50 feet.

   (B)   Lot area.

      (1)   The minimum building site shall be 15,000 square feet.

      (2)   The minimum building site for a duplex shall be 15,000 square feet.

      (3)   Exempt recombination plats for lots platted prior to June 14, 1983 shall have a minimum lot size of 7,500 square feet.

   (C)   Density.

      (1)   Multi-family dwelling, cottage courts, cluster homes. The maximum floor area ratio (FAR) shall be up to 0.50, exceptions described in division (D) below.

      (2)   Hotel and motel: For any hotel/motel development, the maximum floor area ratio (FAR) shall be up to 0.50; exceptions described in division (D) below.

      (1)   Where a lot or parcel of land has an area of less than the above required minimum area and was of record on June 14, 1983, such lot may be occupied by one family, provided the minimum side, front and rear requirements are complied with as set forth in § 153.181;

      (2)   Per division (C) above, increase minimum required side yard setbacks by two feet on each side, the FAR shall be up to 0.55; and

      (3)   Per division (C) above, increase minimum required side yard buffer as set forth in § 153.184 by two feet on each side and items in division (C) above the FAR shall be up to 0.60.

   (E)   Lot coverage.

      (1)   Maximum allowable lot coverage by principal use, all accessory structures, vehicular circulation areas and parking - 65%. (For exceptions, see § 153.082(D).)

      (2)   Soils classified as wetlands shall be factored into lot coverage calculation based on the following schedule:

         (a)   If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating lot coverage;

         (b)   If the lot has between 25% to 50% of its total area in wetland soils, then 50% of that area classified as wetlands may be used in calculating lot coverage;

         (c)   If the lot has between 50% to 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating lot coverage;

         (d)   If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands may be used in calculating lot coverage.

         (a)   For lots greater than five acres, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers and permeable interlocking concrete pavers, for parking spaces, drive aisles and vehicular circulations areas, a reduction in the calculated lot coverage shall be allowed. All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following calculated reductions are allowed.

            1.   Porous concrete without washed stone base - 40% reduction.

            2.   Porous concrete with at least six inches of washed stone base - 60% reduction.

            3.   Porous asphalt, concrete grid pavers and permeable interlocking concrete pavers with at least four inches of washed stone base - 40% reduction.

            4.   Porous asphalt, concrete grid pavers and permeable interlocking concrete pavers with at least seven inches of washed stone base - 60% reduction.

         (b)   For lots less than five acres, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids for parking spaces, drive aisles and vehicular circulation areas, a reduction in the calculated lot coverage shall be allowed. Plastic reinforcing grids shall be limited to low-intensity applications with low traffic speeds. Examples include, but are not limited to, parking stalls in commercial parking lots, overflow parking areas, utility access, emergency vehicle and fire access lanes, and loading areas. Material to fill the open cells of the pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium to high permeability rates. All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following calculated reductions are allowed:

            1.   Porous concrete without washed stone base - 40% reduction.

            2.   Porous concrete with at least six inches of washed stone base - 60% reduction.

            3.   Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least four inches of washed stone base - 40% reduction.

            4.   Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers and plastic reinforcing grids with at least seven inches of washed stone base - 60% reduction.

            5.   The pavement section shall consist of the surface course or layer for infiltration, a bedding course (as required), a woven geotextile fabric layer, and aggregate storage layer, and a woven geotextile fabric layer to prevent clogging.

            6.   Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grid installations to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied vehicular loading pursuant to the specified application.

         (c)   In no case shall the total area that is occupied and obstructed by any structure above the ground, including but not limited to parking and drive areas, exceed 75% of the area of the lot.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 10-13, passed 7-12-10; Am. Ord. 11-09, passed 5-25-11; Am. Ord. 15-16, passed 5-16-16; Am. Ord. 17-29, passed 3-8-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-6, passed 1-10-22; Am. Ord. 19-19, passed 6-14-23)

   (A)   Buildings erected in the commercial zone for residential purposes, including single-family dwellings, multi-family dwellings, hotels, motels and such other like buildings, shall abide by the setback requirements of the High Density Residential (RH) Zone governing such buildings.

   (B)   Buildings erected for mixed use, namely for both dwelling and business purposes, shall abide by the setback requirements of the Commercial Zone except when abutting the RL or RH Zoning District where the setback requirements shall abide by the requirements of the RH Zone.

   (C)   Buildings erected in the Commercial Zone for commercial purposes exclusively shall comply with the following setback requirements.

      (1)   Side yard. The minimum side yard shall be ten feet. For any structure over 35 feet in total building height, there shall be two feet of side yard setback for each foot of building height over 35 feet in addition to the minimum side yard setback.

      (2)   Front yard. The minimum size for a front yard shall be 30 feet.

      (3)   Rear yard. The minimum size for a rear yard shall be ten feet.

      (4)   Double frontage.

          (a)   The minimum rear yard setback requirements on any double-frontage lot with an area of 5,000 square feet or less shall be 20% of the lot depth.

         (b)   The required front yard setback for all lots over 5,000 square feet shall be provided on both front and rear of a double frontage lot.

      (5)   Corner lot. The minimum side street setback requirements shall be 15 feet.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 17-25, passed 10-12-20 ; Am. Ord. 18-4, passed 6-14-21 )

   See § 153.077.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   See § 153.076.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   See § 153.073.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   For uses abutting residential uses, a sound pressure range of less than 60 decibels must be maintained utilizing an "A" weight scale and a slow response for measurements. For purposes of this section, sounds generated at or on a site by its employees, agents or operations are included.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   For new construction or substantial improvements in the Commercial Zone, building elevations visible from any right-of-way shall meet the following standards:

      (1)   Decorative block;

      (2)   Brick, which shall be standard, utility, closure, modular, oversize or jumbo;

      (3)   Stucco, cementious or synthetic;

      (4)   Shakes;

      (5)   Clapboard;

      (6)   Vertical board and batten; or

      (7)   Wood, vinyl, aluminum, metal, concrete or other materials which appear to be shakes, clapboard or vertical board and batten or stucco.

      (8)   Fenced areas shall be metal tube fencing and/or grill with a minimum of one inch by one inch pickets at five-inch on center minimum. Chain link may be used on the inside of tube fencing if colors are matching.

         (a)   Physical changes shall be provided in building design and roof line, covered sidewalks at least eight feet wide with a four-inch rise for each 12-inch run pitch roof.

         (b)   For structures with building frontage less than 100 feet, architectural breaks are required but can include or have the appearance of windows with a minimum width of 18 inches wide and minimum height of four feet.

         (c)   There shall be no neon lighting on the exterior of the structure or its roof line.

         (d)   Three years from February 28, 2001, all existing neon lighting as described in subsection (c) shall be removed.

         (a)   Physical changes shall be provided in building design and roofline, covered sidewalks a minimum of eight feet wide with a pitch roof with four-inch rise for each 12-inch run will apply.

         (b)   Changes in wall plane a minimum of five feet wise and minimum eight inches deep with changes in materials and/or color at change in wall plan.

         (c)   Shutters and/or louvered panels.

         (d)   Roof facades meeting all of the following criteria:

            1.   Shall be constructed with one or more of the following roofs: hip, gable, or mansard; and

            2.    Shall have a minimum pitch of 4 in 12; and maximum pitch of 18 in 12;

            3.   Shall have a minimum overhang of ten inches; and

            4.   Shall have a minimum roof height of six feet measured from the top plate to the ridge.

         (a)   Glazing and glazing facades shall comprise not less than 10% of the front facade area.

         (b)   Glazing and glazing facades shall comprise not more than 40% of the front facade area.

         (c)   All glazing and glazing facades shall be designed not to exceed a total of 15 feet in height.

         (d)   Mullions are encouraged but not required.

      (1)   Roofs (as defined in § 153.002) shall meet all of the following criteria:

         (a)   Shall be constructed with one or more of the following roofs: hip, gable or mansard; and

         (b)   Shall have a minimum pitch of 4 in 12; and

         (c)   Shall have a minimum overhang of ten inches; and

         (d)   Shall have a minimum roof height of six feet measured from the top plate to the ridge.

      (2)   Roof facades on all elevations for commercial buildings up to 100,000 square feet of gross floor area, shall meet all the following criteria:

         (a)   Wall elevations for buildings up to 20 feet in height must be concealed behind a roof facade for a minimum of 50% of the entire wall elevation; wall elevations for buildings greater than 20 feet, up to 30 feet in height must be concealed behind a roof facade for a minimum of 35% of the entire wall elevation; and wall elevations for buildings greater than 30 feet in height must be concealed behind a roof facade for a minimum of 25% of the entire wall elevation; (the percentage concealed by roof facade is calculated from the soffit to the peak of the roof facade); and

         (b)   Wall elevation shall have no more than 15 horizontal feet without a roof facade projection; and

         (c)   Minimum pitch of roof facade projections will be no less than 4 in 12 and no more than 18 in 12.

      (3)   Elevations on building frontage and all elevations facing US 158 or NC 12 for commercial buildings greater than 100,000 square feet in gross floor area shall meet requirements of (B)(2) above.

      (4)   Roof facades for commercial buildings greater than 100,000 square feet in gross floor area on elevations other than listed in subsection (3) shall meet requirements of (B)(2) above with the following exception:

         (a)   Roof facade shall be an average of 10% of all elevation except the front;

         (b)   Roof facade pitch shall be a minimum of 4 in 12 and a maximum of 36 in 12.

      (5)   Exemptions:

         (a)   Detached canopies greater than ten feet from the primary structure are exempted from all roof standards defined herein. All canopies less than ten feet from the primary structure, including attached canopies, are not exempt from roof standards. If a roof facade is used on attached canopies it must have a minimum height of three feet.

         (b)   Ground level covered patios up to 1,500 square feet in area extending no more than 15 feet from the exterior wall of the main building to which the covered patio is accessory. The roof or roof facade of such patio may have a pitch less than 4 in 12.

         (c)   Steeples and cupola are exempt from the provisions of this division.

      (1)   Mechanical equipment shall not be visible from any right-of-way.

      (2)    All mechanical equipment and appurtenances shall be screened.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-01, passed 1-14-02; Am. Ord. 02-03, passed 1-14-02; Am. Ord. 02-05, passed 2-27-02; Am. Ord. 04-02, passed 3-24-04; Am. Ord. 10-21, passed 11-10-10; Am. Ord. 11-04, passed 4-11-11; Am. Ord. 14-08, passed 5-12-14; Am. Ord. 18-4, passed 6-14-21)