The following supplemental regulations shall pertain to the uses listed in the table of uses located in article 6 which are identified with an "S" for supplemental regulations.

For any use which requires the issuance of a conditional use permit, the supplemental use regulations listed herein may be in addition to any other fair and reasonable conditions placed on the use by the city council. The conditions may impose greater restrictions on a particular use than those which are listed herein.

The setback requirements of these regulations shall not prohibit any necessary retaining wall nor prohibit any planted buffer strip, fence, or wall. Walls and fences shall not create a sight obstruction at street intersections or at driveways.

7.3.1. Only one (1) satellite dish antenna shall be allowed per premises in residential districts, except where additional satellite dishes are necessary to receive the desired service.

7.3.2. In all residential districts, a satellite dish antenna shall be permitted in a rear yard only and shall be located no closer than five (5) feet to a side or rear lot line. If no usable signal can be obtained by rear yard placement, a satellite dish antenna may be installed on the rear side of the roof, provided the antenna is not visible from the front yard and does not exceed four (4) feet in diameter.

7.3.3. In all nonresidential districts, a satellite dish antenna may be installed in a front, side, or rear yard or on the roof of the principal structure, provided it is sufficiently anchored to a rafter, girder, or other superstructure member of the building so as to be structurally secure. Ground-mounted antenna shall be located no closer than ten (10) feet to a street right-of-way nor five (5) feet from a side or rear lot line.

7.3.4. A dish antenna shall be permanently ground- or roof-mounted (where permitted) and no antenna shall be installed on a portable or moveable structure except to transport an antenna to a permanent site or to provide a temporary on-site antenna for testing purposes not to exceed seven (7) days in duration.

7.3.5. Where compliance with this ordinance would prevent reception of an acceptable quality signal or impose unreasonable expense or delay in obtaining an acceptable quality signal, dish antenna may be installed in the front yard or on the front roof in residential districts. No dish antenna shall be installed pursuant to this section, which is closer than five (5) feet to a side front lot line, creates a safety hazard, or is in violation of the city(s historic district regulations. This section shall apply only to the following dish antennas:

7.3.5.1. Dish antenna not exceeding one meter (39.37") in diameter and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;

7.3.5.2. Dish antenna not exceeding one meter in diameter or diagonal measurement and designed to receive video programming services via broadband radio services (wireless cable) or to receive or transmit fixed wireless signals other than via satellite; or

7.3.5.3. An antenna that is designed to receive local television broadcast signals. Masts higher than twelve (12) feet above the roofline may be subject to local permitting requirements.

7.3.6. No antenna shall exceed an overall diameter of twelve (12) feet nor an overall height of seventeen (17) feet above existing grade when located on the ground, and when located on the roof of a building in a nonresidential district, no antenna shall exceed the building height limitation for the district in which it is located by more than ten (10) feet.

Temporary storage facilities, as defined in Appendix A, shall be subject to the following regulations:

7.4.1. Dumpsters or temporary storage facilities incidental to a natural disaster, or construction with a valid building permit, shall be exempt from these regulations.

7.4.2. Temporary storage facilities intended to be in place for greater than thirty (30) days shall require a zoning permit.

7.4.3. With the exception of shopping center (SC), industrial business (I-B), light industrial (I-1), and heavy industrial (I-2) zoning districts, temporary storage facilities may be placed on a property a maximum of any one-hundred-twenty-day period during one calendar year from its initial placing on a property.

7.4.4. No temporary storage facility shall encroach into any public right-of-way.

7.4.5. No temporary storage facility shall be used as living space and/or a permanent accessory building.

7.5.1. A cemetery shall contain not less than five (5) contiguous acres of land.

7.5.2. Chapels, mortuaries, mausoleums, and sales and administrative offices may be developed within the cemetery. Access to the buildings shall be from within the cemetery. No building permitted by these regulations shall be located closer than one hundred fifty (150) feet to any residential dwelling on land adjoining the cemetery.

7.5.3. Access to the cemetery shall be provided by way of private drives extending from a public street and of sufficient width to accommodate two-way traffic. Parking shall be provided entirely on private internal roads.

7.5.4. A perimeter buffer strip fifty (50) feet in depth shall be maintained around the entire cemetery. There shall be no burial sites, buildings, or other structures located within the buffer strip, and the strip shall be planted in accordance with article 9, part I, so as to effectively screen the cemetery and burial activities therein from view from outside of the cemetery.

Crematoriums may be allowed pursuant to the use table in section 6.5, upon compliance with the following:

7.6.1. All facilities must comply with NC state licensing requirements.

7.6.2. There shall be no emission of particulate matter or noticeable odors.

7.6.3. No new crematorium operation may be located within one thousand five hundred (1,500) feet from an existing crematory facility.

7.6.4. The loading/unloading zone for the facility must be enclosed or screened from view with fencing.

7.6.5. All windows with an open view of the crematory processing equipment must be screened from view.

7.7.1. No refuse shall be deposited and no building or structure shall be located within one hundred fifty (150) feet of the nearest property line.

7.7.2. A landfill or incinerator shall comply with applicable state regulations.

7.8.1. In deciding whether a permit for a special event should be denied for any reason specified in subsection 4.5.4.5, or in deciding what additional conditions to impose under subsection 4.5.9, the permit-issuing authority shall ensure that (if the special event is conducted at all):

7.8.1.1. The hours of operation allowed shall be compatible with the uses adjacent to the activity.

7.8.1.2. The amount of noise generated shall not disrupt the activities of the adjacent land uses.

7.8.1.3. The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city.

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

7.8 1.5. A minimum lot area of three (3) acres is available for circuses, fairs, and carnivals.

7.8.2. In cases where it is deemed necessary, the permit-issuing authority may require the applicant to post a bond to ensure compliance with the conditions of the conditional use permit.

7.8.3. If the permit applicant requests the city to provide extraordinary services or equipment or if the city manager otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the cost incurred.

7.9.1. Approvals required for wireless facilities and wireless support structures.

7.9.1.1. Administrative review and approval. The following types of applications are subject to the review process as provided in section 5.3. No other type of zoning or site plan review is necessary.

7.9.1.1.1. New wireless support structures that are less than sixty (60) feet in height, in any zoning district.

7.9.1.1.2. New wireless support structures that are less than two hundred (200) feet in height, in any industrial district.

7.9.1.1.3. Concealed wireless facilities that are sixty (60) feet or less in height, in any residential district.

7.9.1.1.4. Concealed wireless facilities that are one hundred fifty (150) feet or less in height, in any zoning district except residential districts.

7.9.1.1.5. Monopoles or replacement poles located on public property or within utility easements or rights-of-way, in any zoning district.

7.9.1.1.6. COWs, in any zoning district, if the use of the COW is either not in response to a declaration of an emergency or disaster by the governor, or will last in excess of one hundred twenty (120) days.

7.9.1.1.7. Substantial modifications.

7.9.1.1.8. Collocations.

7.9.1.2. Conditional use permit. Any application for wireless facilities and/or wireless support structures not subject to administrative review and approval pursuant to this ordinance shall be permitted in any district upon the granting of a conditional use permit in accordance with the standards for granting conditional use permits set forth in section 4.5.

7.9.1.3. Exempt from all approval processes. The following are exempt from all City of Kinston zoning approval processes and requirements:

7.9.1.3.1. Removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification as defined in this ordinance.

7.9.1.3.2. Ordinary maintenance of existing wireless facilities and wireless support structures, as defined in this ordinance. Nothing in this section requires an application and approval for routine maintenance or limits the performance of routine maintenance on wireless support structures and facilities, including in-kind replacement of wireless facilities.

7.9.1.3.3. Wireless facilities placed on utility poles.

7.9.1.3.4. COWs placed for a period of not more than one hundred twenty (120) days at any location within the City of Kinston or after a declaration of an emergency or a disaster by the governor.

7.9.2. Administrative review and approval process.

7.9.2.1. Content of application package - for new sites. All administrative review application packages must contain the following in addition to those requirements outlined in section 5.3 and 5.6:

7.9.2.1.1. Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial lease terms.

7.9.2.1.2. Documentation from a licensed professional engineer if calculation of the fall zone and certification that the wireless support structure has sufficient structural integrity to accommodate the required number of additional users as provided in this ordinance.

7.9.2.2. Content of application package - for other sites/facilities. All administrative review application packages must contain the following in addition to those requirements outlined in section 5.3 and 5.6:

7.9.2.2.1. For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

7.9.2.2.2. For substantial modifications, drawings depicting the improvements along with their dimensions.

7.9.2.3. Approval schedule.

7.9.2.3.1. Applications for collocation, monopole or replacement pole, a concealed wireless facility, a non-exempt COW, or a substantial modification. Within forty-five (45) days of the receipt of a complete application for a collocation, a monopole or replacement pole, a concealed wireless facility, a non-exempt COW, or a substantial modification, the UDO administrator will:

7.9.2.3.1.1. Review the application for conformity with this ordinance. An application under this section is deemed to be complete unless the UDO administrator provides notice that the application is incomplete in writing to the applicant within forty-five (45) days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The UDO administrator may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, state, and local safety requirements. The UDO administrator may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.

7.9.2.3.1.2. Issue a written decision approval an eligible facilities request application within forty-five (45) days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the UDO administrator shall issue its written decision to approve or deny the application within forty-five (45) days of the application being deemed complete.

7.9.2.3.1.3. Failure to issue a written decision within forty-five (45) calendar days shall constitute an approval of the application.

7.9.2.3.2. Applications for new wireless support structures that are subject to administrative review and approval. Within forty-five (45) calendar days of the receipt of an application for a new wireless support structure that is subject to administrative review and approval under this ordinance, the UDO administrator will:

7.9.2.3.2.1. Review the application for conformity with this ordinance. An application under this section is deemed to be complete unless the UDO administrator provides notice that the application is incomplete in writing to the applicant within forty-five (45) days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The UDO administrator may deem an application incomplete if there is insufficient evidence provided to show that the eligible facilities request will comply with federal, state, and local safety requirements. The UDO administrator may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.

7.9.2.3.2.2. Issue a written decision approval on an eligible facilities request application within forty-five (45) days of such application being deemed complete.

7.9.2.3.2.3. Failure to issue a written decision within forty-five (45) calendar days shall constitute an approval of the application.

7.9.2.3.3. Application review. The UDO administrator's review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, the UDO administrator may not require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality of its service to or from a particular area or site. The UDO administrator may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. The UDO administrator may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. In reviewing an application, the UDO administrator may review the following:

7.9.2.3.3.1. Applicable public safety, land use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones.

7.9.2.3.3.2. Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure, that residential, historic, and designated scenic areas cannot be served from outside the area, or that the proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified wireless support structure, or replacement wireless support structure is necessary to provide the applicant(s designed service.

7.9.2.3.3.3. The UDO administrator may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The UDO administrator may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible.

7.9.2.3.[4]. Building permit. The building inspector shall issue a building permit following approval of the application under administrative review in accordance with the process and standards in this ordinance.

7.9.3. Conditional use permit process.

7.9.3.1. Any wireless facility or wireless support structures not meeting the requirements of subsection 7.9.1.1 or 7.9.1.3 above, may be permitted in all zoning districts upon the granting of a conditional use permit, subject to:

7.9.3.1.1. The submission requirements of subsection 7.9.3.1.2. below; and

7.9.3.1.2. The applicable standards of subsection 7.9.4 below; and

7.9.3.1.3. The requirements of the conditional use permit process in section 4.5.

7.9.3.2. Content of conditional use permit application package. All conditional use permit application packages must contain the following in addition to those requirements contained in sections 4.5 and 5.6.

7.9.3.2.1. Written description and scaled drawings of the proposed wireless support structure or wireless facility, including structure height, ground and structure design, and proposed materials.

7.9.3.2.2. Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the wireless support structure.

7.9.3.2.3. Line-of-sight diagram or photo simulation, showing the proposed wireless support structure set against the skyline and viewed from at least four (4) directions within the surrounding areas.

7.9.3.2.4. A statement of the proposed wireless support structure will be made available for collocation to other service providers at commercially reasonable rates, provided space is available and consistent with subsection 7.9.4.1.1 of this ordinance.

7.9.3.3. Approval schedule. Within one hundred fifty (150) calendar days of the receipt of an application under this section, the city council upon recommendation of the planning board will:

7.9.3.3.1. Complete the process for reviewing the application for conformity with this ordinance. An application under this section is deemed to be complete unless the UDO administrator notifies the applicant in writing, within thirty (30) calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within thirty (30) calendar days, the application shall be reviewed and process within one hundred fifty (150) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the one hundred fifty (150) calendar days deadline for review shall be extended by the same period of time.

7.9.3.3.2. Make a final decision to approve or disapprove the application.

7.9.3.3.3. Advise the applicant in writing of its final decision. If the city council denies an application, it must provide written justification of the denial.

7.9.3.3.4. Failure to issue a written decision within one hundred fifty (150) calendar days shall constitute an approval of the application.

7.9.4. General standards and design requirements.

7.9.4.1. Design.

7.9.4.1.1. Wireless support structures shall be subject to the following:

7.9.4.1.1.1. Shall be engineered and constructed to accommodate a minimum number of collocations based upon their height:

7.9.4.1.1.1.1. Support structures sixty (60) to one hundred (100) feet shall support at least two (2) telecommunications providers.

7.9.4.1.1.1.2. Support structures greater than one hundred (100) feet but less than one hundred fifty (150) feet shall support at least three (3) telecommunications providers.

7.9.4.1.1.2. The equipment compound area surrounding the wireless support structure must be of sufficient size to accommodate accessory equipment for the appropriate number of telecommunications providers in accordance with subsection 7.9.4.1.1.

7.9.4.1.2. Concealed wireless facilities shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible. Antennas must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.

7.9.4.1.3. Upon request of the applicant, the UDO administrator may waive the requirement that new wireless support structures accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer antennas will promote community compatibility.

7.9.4.1.4. A monopole or replacement pole shall be permitted within utility easements or rights-of-way, in accordance with the following requirements:

7.9.4.1.4.1. The utility easement or right-of-way shall be a minimum of one hundred (100) feet in width.

7.9.4.1.4.2. The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are eighty (80) feet or greater in height.

7.9.4.1.4.3. The height of the monopole or replacement pole may not exceed by more than thirty (30) feet the height of existing utility support structures.

7.9.4.1.4.4. Monopoles and the accessory equipment shall be set back a minimum of fifteen (15) feet from all boundaries of the easement or right-of-way.

7.9.4.1.4.5. Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by subsection 7.9.4.1.4.3 above.

7.9.4.1.4.6. Poles that use the structure of a utility tower for support are permitted. Such poles may extend up to twenty (20) feet above the height of the utility tower.

7.9.4.2. Setbacks. Unless otherwise stated herein, each wireless support structure shall be set back from all property lines a distance equal to its engineered fall zone.

7.9.4.3. Height. In residential districts, wireless support structures shall not exceed a height equal to one hundred ninety-nine (199) feet from the base of the structure to the top of the highest point, including appurtenances. Notwithstanding the foregoing, the UDO administrator shall have the authority to vary the foregoing height restriction upon the request of the applicant. With its waiver request, the applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the UDO administrator.

7.9.4.4. Aesthetics.

7.9.4.4.1. Lighting and marking. Wireless facilities or wireless support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

7.9.4.4.2. Signage. Signs located at the wireless facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited. Notwithstanding the foregoing, nothing in this ordinance shall prohibit signage that is approved for other uses on property on which wireless facilities are located (i.e., approved signage at locations on which concealed facilities are located).

7.9.4.5. Accessory equipment. Accessory equipment, including any buildings, cabinets, or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or wireless support structure. Any equipment not used in direct support of such operation shall not be stored on the site.

7.9.4.6. Fencing.

7.9.4.6.1. Ground mounted accessory equipment and wireless support structures shall be secured and enclosed with a fence not less than six (6) feet in height as deemed appropriate by the UDO administrator.

7.9.4.6.2. The UDO administrator may waive the requirement of subsection 7.9.4.6.1 if it is deemed that a fence is not appropriate or needed at the proposed location.

7.9.5. Miscellaneous provisions.

7.9.5.1. Abandonment and removal. If a wireless support structure is abandoned, and it remains abandoned for a period in excess of twelve (12) consecutive months, the City of Kinston may require that such wireless support structure be removed only after first providing written notice to the owner of the wireless support structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the wireless support structure within sixty (60) days of receipt of said written notice. In the event the owner of the wireless support structure fails to reclaim the wireless support structure within the sixty-day period, the owner of the wireless support structure shall be required to remove the same within six (6) months thereafter. The City of Kinston shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

7.9.5.2. Multiple uses on a single parcel or lot. Wireless facilities and wireless support structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

7.9.6. Wireless facilities and wireless support structures in existence on the date of adoption of this ordinance.

7.9.6.1. Wireless facilities and wireless support structures that were legally permitted on or before the date this ordinance was enacted shall be considered a permitted and lawful use.

7.9.6.2. Activities at non-conforming wireless support structures. Notwithstanding any provision of this ordinance:

7.9.6.2.1. Ordinary maintenance may be performed on a non-conforming wireless support structure or wireless facility.

7.9.6.2.2. Collocation of wireless facilities on an existing non-conforming wireless support structure shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use and shall be permitted through the administrative approval process defined in subsection 7.9.2; provided that the collocation does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing non-conformity.

7.9.6.2.3. Substantial modifications may be made to non-conforming wireless support structures utilizing the conditional use permit process defined in section 4.5 of this ordinance.

Artisan's workshops shall be permitted in accordance with section 6.5, provided all artisan production is conducted inside an enclosed building. Workshops exceeding three thousand (3,000) square feet require approval of a conditional use permit.

7.11.1. The use shall comply with the Federal Resource Conservation and Recovery Act of 1976, as amended (PL 94-580) and the North Carolina Solid Waste Management Act, as amended (Article 13B, N.C.G.S. 130-166.16) for design, siting, and materials to be stored and treated.

7.11.2. All storage, treatment, and loading facilities handling hazardous materials will be located at least two hundred (200) feet from any property line and at least one thousand two hundred fifty (1,250) feet from any lot not located in an industrial district. The required buffer area shall contain a sufficient amount of natural or planted vegetation so that such facilities are screened visually from an adjoining property not located in an industrial district.

7.11.3. A security fence at least seven (7) feet in height with a minimum nine-gauge fabric and three (3) strands of barbed wire shall surround all facilities for the storage and handling of hazardous materials.

7.11.4. Vehicular access to the operation will be provided only by way of a US- or NC-numbered highway or an industrial area access road.

7.11.5. All surface water and groundwater on the property will be protected so as to minimize, to the greatest extent possible, the probability of contamination by hazardous materials.

7.11.6. All sanitary sewer and stormwater management systems on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials. A stormwater management plan shall be prepared by the applicant and submitted to the city for review by the city's engineer and the Environmental Management Division of the North Carolina Department of Environment and Natural Resources. A NPDES permit for stormwater discharge shall also be obtained, if applicable.

7.12.1. The use must meet the requirements established by the Fire Prevention Code of the National Board of Fire Underwriters and the latest edition of the (Flammable and Combustible Liquids Code, NPFA 30" of the National Fire Protection Association.

7.12.2. All storage tanks and loading facilities will be located at least two hundred (200) feet from any property line. The buffer area required by article 9, part I shall contain a sufficient amount of natural or planted vegetation so that such facilities are screened visually from an adjoining property not located in an industrial district.

7.12.3. Vehicle access to the use will be provided only by way of a US- or NC-numbered highway or an industrial area access road.

7.12.4. All principal and accessory structures and off-street parking and service areas will be separated by a twenty-five-foot buffer from any abutting property.

7.13.1. Within a B-1 or B-2 zoning district, any location not previously so used may not be used for a gameroom, bingo, billiard and pool hall, dance hall, bar, nightclub, or social club if it is within three hundred (300) feet of a presently licensed, approved, and operating similar activity. Provided, however, all locations used for existing businesses conducting the activities above specified shall be permitted as locations for such activities until said location ceases to be used for such business activity for more than ninety (90) days or its conditional use permit is surrendered to or revoked by the city.

7.13.2. Eligible activities enumerated in subsection 7.13.1 above shall be subject to conditional use permit procedures and requirements as set forth in section 4.5 including those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a conditional use permit has been previously issued.

7.13.3. Permittees shall, annually or before September 1, provide information to the city setting forth property ownership, listings and status of all state, county, and municipal licenses held, and name(s) of manager(s) or operator(s) if different from the permittee or owner. Failure to provide such information shall result in permit review.

7.14.1. All golf course greens, tees, and fairways shall be set back at least fifty (50) feet from any property line.

7.14.2. All buildings shall be setback at least one hundred (100) feet from any property line.

7.15.1. The use shall be located on a lot or tract of at least five (5) acres in area.

7.15.2. The use shall be set back a minimum of fifty (50) feet from an adjoining street right-of-way or property line.

7.16.1. As defined by N.C.G.S. 131E-256, all health care facilities must be licensed by the State of North Carolina.

7.16.2. Health care facilities are subject to all local and federal regulations and the regulations of the North Carolina Administrative Code.

7.16.3. Family care homes must be located no closer than one-half-mile from any other family care home.

7.16.4. Where permitted in a residential district, the location, design, and operation of the health care facility must not alter the residential character of the neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood. New buildings must be non-institutional in design and appearance and physically harmonious with the neighborhood in which they are located considering such issues as scale, appearance, density, and population.

7.17.1. The area beneath a manufactured home must be fully enclosed with durable skirting within ninety (90) days of installation.

7.17.2. Manufactured homes shall have a continuous and permanent skirting installed of brick, cement block, or a corrosive-resistant nonreflective skirt extending from the bottom of the manufactured home to the ground. Said skirt shall be provided with a door for crawlspace measuring at least eighteen (18) inches by twenty-four (24) inches and installed in a uniform manner.

7.17.3. Manufactured homes with or without toilet facilities that cannot be connected to a sanitary sewer system shall not be permitted.

7.17.4. Manufactured homes shall have the tongue, axles, transportation lights, and towing apparatus removed subsequent to final placement.

7.17.5. Except as specifically allowed in this subsection 7.17.5, manufactured homes shall not exceed an age of seven (7) years old from the time the unit left the manufacturer to the date applying for the permit. The age limitation in this subsection 7.17.5 shall not apply if (1) the manufactured home is being removed from an area of special flood hazard inside the city limits as defined in appendix A or (2) the manufactured home is a repetitive loss structure inside the city limits as defined in appendix A, and (3) the land upon which the manufactured home is being removed is either conveyed to the city, or in the city's discretion, encumbered with permanent restriction to prohibit future development.

7.17.6. Manufactured homes shall be provided with permanent steps, porch, or similar suitable entry, meaning steps that are not portable.

7.17.7. Manufactured homes are not permitted in the arts and cultural overlay district.

7.18.1. Multi-family residences located in any permitted nonresidential zoning district except B-2 shall comply with the minimum lot area, width, and setback requirements of the RA-6 district. Within the B-2 district, there are no minimum lot area, density, nor setback requirements.

7.18.2. The minimum spacing between multi-family residential structures shall be twenty (20) feet.

7.19.1. The minimum lot area for a manufactured home park is three (3) acres; the minimum number of manufactured home spaces for a manufactured home park is six (6) spaces.

7.19.2. Manufactured home parks shall contain only Class B or Class C manufactured homes.

7.19.3. The manufactured home shall be located on ground that is not susceptible to flooding. The park shall be graded so as to prevent any water from ponding or accumulating on the premises. All ditch banks shall be sloped and seeded.

7.19.4. Each manufactured home space shall contain a minimum of five thousand (5,000) square feet where public water and sewer service is available and twenty thousand (20,000) square feet where either public water or sewer services is unavailable unless a larger or smaller square footage is required by the county health department.

7.19.5. No manufactured home shall be located closer than twenty (20) feet from another manufactured home or any other principal building within the manufactured home park. No manufactured home shall be located closer than forty (40) feet from a public street right-of-way or twenty (20) feet from a private, interior manufactured home park street.

7.19.6. Recreational space in each manufactured home park shall be provided in accordance with article 9, part VI, Recreational facilities and open space.

7.19.7. Existing manufactured home parks which provide manufactured home spaces having a width or area less than that described above may continue to operate with spaces of existing width and area, but in no event shall any such nonconforming manufactured home park be allowed to expand unless such extension meets the requirements of this ordinance.

7.19.8. The area beneath the manufactured home must be fully enclosed with durable skirting within ninety (90) days of placement in the manufactured home park.

7.19.9. Manufactured homes shall have a continuous and permanent skirting installed of brick, cement block, or corrosive-resistant nonreflective skirt extending from the bottom of the manufactured home to the ground. Said skirt shall be provided with a door for crawlspace measuring at least eighteen (18) inches by twenty-four (24) inches and installed in a uniform manner.

7.19.10. Manufactured homes with or without toilet facilities that cannot be connected to a sanitary sewer shall not be permitted in a manufactured home park.

7.19.11. Manufactured homes shall have the tongue, axles, transportation lights, and towing apparatus removed subsequent to final placement.

7.19.12. Manufactured home shall be provided with a permanent steps, porch, or similar suitable entry, meaning steps that are not portable.

7.19.13. Each manufactured home space shall be graded, the graded areas grassed to prevent erosion, and provide adequate storm drainage (including retention pond facilities, when applicable) away from the manufactured home. Each manufactured home space shall abut upon an improved paved interior drive. The dimensions of all manufactured home spaces shall be shown.

7.19.14. Interior drives. All manufactured home spaces shall abut upon an interior drive of no less than thirty-six (36) feet in right-of-way, which shall have unobstructed access to a public street or highway, it being the intent of this section that manufactured home spaces shall not have unobstructed access to public streets or highways except through said interior drive. Interior drives shall be privately owned and maintained. All interior drives shall be graded to their full right-of-way and shall have a road of at least twenty (20) feet in width. Minimum improvements shall be a compacted base of four inches of #7 ABC stone. Roads shall be maintained with paved surface of two (2) inches of asphalt. Graded and stabilized road shoulders and ditches shall be provided. Standing water shall not be permitted.

7.19.14.1. Cul-de-sacs. Any interior drive designed to be closed shall have a turnaround at the closed end with a minimum right-of-way diameter of one hundred (100) feet. The entire right-of-way of such turnaround shall be graded and usable for the turning of motor vehicles. Cul-de-sacs shall not exceed six hundred (600) feet in length.

7.19.14.2. Access to the manufactured home park must be via a public road and not located in a flood hazard area. The following street and parking standards shall be complied with:

7.19.14.2.1. Maintenance of such streets shall be provided by the owner or operator of the park, who will be required to post a bond for the first year's maintenance, amount and terms to be determined by the city council.

7.19.14.2.2. Streets or drives within the manufactured home park shall intersect as nearly as possible at right angles, and no street shall intersect at less than sixty (60) degrees. Where a street intersects a public street or road, the design standards of the North Carolina Department of Transportation shall apply.

7.19.14.2.3. Proposed streets, which are obviously in alignment with others, existing and named, shall bear the assigned name of the existing streets. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of a suffix: Street, Avenue, Boulevard, Drive, Place, Court, etc. New manufactured home park names shall not duplicate or be similar to any existing manufactured home park name in the city. Street name signs that are in compliance with current city policy are required and may be purchased from the city.

7.19.14.2.4. A minimum of two automobile parking spaces surfaced with a minimum of four inches of gravel shall be provided on each manufactured home space and shall not be located within any public right-of-way or within any street in the park.

7.19.14.2.5. All spaces within a manufactured home park shall be serially numbered for mailing address purposes. These numbers shall be displayed in the front of the manufactured home on the driveway side with four-inch lettering.

7.19.14.2.6. When more than five rural mail boxes are used for mail delivery, the approval of the local post office department and the district highway engineer shall be required.

7.19.15. Intersections. Drives shall intersect as nearly as possible at right angles, and no drive shall intersect at less than seventy-five (75) degrees. Where an interior drive intersects a public right-of-way, the design standards of the North Carolina Department of Transportation shall apply.

7.19.16. Spaces numbered. Each manufactured home space shall be identified by a permanent number which shall not be changed. All space numbers must be shown on the site development plan. The appropriate number of each manufactured home space must be permanent and visibly displayed on the space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot.

7.19.17. Refuse collection facilities. The park owner is responsible for seeing to refuse collection. All refuse shall be collected at least once/week or more if the need is indicated. When manufactured home parks are located in the Kinston city limits, the applicable sanitation regulations shall be complied with.

7.19.18. Service, administration, and other buildings.

7.19.18.1. Within a manufactured home park, one manufactured home may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities or any other such facilities shall comply with all applicable ordinances, codes, and statutes regarding buildings, electrical installations, plumbing, and sanitation systems.

7.19.18.2. All service buildings, commercial structures, and the grounds of the park shall be maintained in a clean condition and kept free from any condition that will menace the health of any occupant or the public or constitute a nuisance.

7.19.19. Structural additions. All structural additions to manufactured homes other than those which are built into the unit and designed to fold out or extend from it shall be erected only after a building permit is obtained, and such additions shall conform to the North Carolina Building Code, and shall meet the standards of special regulations adopted with respect to such additions. The building permit shall specify whether such structural additions may remain permanently, must be removed when the manufactured home is removed, or must be removed within a specified length of time after the manufactured home is removed. Structural alterations existing at the time of passage of this ordinance shall be removed within thirty (30) days after the manufactured home which they serve is moved unless attached to another manufactured home on the same site within that period.

7.19.20. Storage. Storage of a manufactured home or recreational vehicle is prohibited.

7.19.21. Management. In each manufactured home park, the permittee or duly authorized attendant or caretaker shall be in charge at all times to keep the manufactured home park, its facilities and equipment in a clean, orderly, safe, and sanitary condition.

7.19.22. Manufactured home park. It shall be the duty of the operator of a manufactured home park to keep an accurate register containing a record of all registered occupants. The operator shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register.

7.19.23. Sales in manufactured home parks.

7.19.23.1. It shall be unlawful to sell on a commercial basis manufactured homes or trailers within manufactured home parks.

7.19.23.2. It shall be unlawful to sell a manufactured home space(s) within the manufactured home parks.

7.19.23.3. Except for accessory uses, it shall be unlawful to operate any business within a manufactured home park.

7.20.1. Planned residential developments (PRDs) are permissible only as a conditional use on tracts of at least five (5) acres located in the districts indicated in section 6.5, Table of uses and activities.

7.20.2. The overall density of a tract developed by a PRD shall be determined as provided in section 6.6 for the underlying district in which the PRD is located.

7.20.3. Permissible types of residential uses within a PRD include single-family detached dwellings, single-family attached dwellings, two-family residences, and multi-family residences. At least fifty (50) percent of the total number of dwelling units must be single-family detached residences on lots of at least six thousand (6,000) square feet.

7.20.4. To the extent practicable, the two-family and multi-family portions of a PRD shall be developed more toward the interior rather than the periphery of the tract so that the single-family detached residences border adjacent single-family detached properties.

7.20.5. In a planned residential development, the screening requirements that would normally apply where two-family and multi-family development adjoins a single-family development shall not apply within the tract developed as a planned residential development, but all screening requirements shall apply between the tract so developed and adjacent lots.

7.21.1. General description.

7.21.1.1. Purpose. The purpose of the PUD district is to establish a mechanism for a person to propose a commercial, industrial or residential mixed use development that is innovative but which does not strictly comply with the provisions of the zone in which the property is located and cannot be achieved through traditional zoning.

7.21.1.2. Intent. The intent of the PUD district is to promote high quality developments while allowing greater flexibility in the design of such developments. The PUD should produce:

7.21.1.2.1. A maximum choice in the types of environment and dwelling units.

7.21.1.2.2. Common open space and recreation areas.

7.21.1.2.3. A pattern of development which preserves natural features and prevents soil erosion.

7.21.1.2.4. A creative approach to the use of land and related physical development.

7.21.1.2.5. An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs.

7.21.1.2.6. Internally located commercial uses that serve surrounding residential areas.

7.21.1.2.7. An environment of stable character in harmony with the surrounding development.

7.21.1.2.8. Efficient transportation.

7.21.1.3. Approval. All PUD conditional use permits will be approved as specified in section 4.5.

7.21.1.4. Minimum district area. The minimum area required for property proposed for a planned unit development district shall be twenty-five (25) acres.

7.21.1.5. Within any lot developed as a planned unit development, not more than thirty-five (35) percent of the total lot area may be developed for higher density residential purposes (RA-6 density) and not more than ten (10) percent of the total lot area may be developed for non-residential uses.

7.21.1.6. Zoning and master site plan. The PUD is a combination of zoning designation and master site plan. A detailed site plan with specific uses as listed in the Table of Uses and Activities (section 6.5) is required for conditional use approval. Once approved, the site plan becomes the guide for allowed uses in the PUD. Development must follow the site plan exactly. Failure in this respect will result in reversion of the property to the original zoning. Although design innovation is encouraged and flexibility is allowed, the PUD may not be used simply as a method of avoiding zoning regulations.

7.21.2. Permitted uses. The PUD submittal shall include a listing of the proposed land uses and the amount of land devoted to each. This list will substitute article 6 and will specify the uses to be allowed. Any uses allowed must be identified/listed in article 6. No other land uses will be allowed unless the PUD is revised through a rezoning process. All uses will be approved as conditional uses in accordance with section 4.5 and must be identified in one or more of the following zoning districts: residential (RA-20, RA-15, RA-12, RA-8, RA-7, RA-6, RA-5) and non-residential (RO, O&I, B-2, SC, I-B, and I-1).

7.21.3. Modification of development standards. The applicant shall provide a written description of the proposed permitted uses and development standards. This information will become part of the zoning ordinance of the PUD district.

7.21.3.1. Modifications permitted. The PUD district may allow the following zoning and development standards to be modified:

7.21.3.1.1. Density;

7.21.3.1.2. Building setbacks;

7.21.3.1.3. Height of building or structure;

7.21.3.1.4. Lot size;

7.21.3.1.5. Lot width;

7.21.3.1.6. Lot depth;

7.21.3.1.7. Landscaping;

7.21.3.1.8. Required off-street parking spaces in instances of mixed residential/commercial uses; and

7.21.3.1.9. Street widths.

7.21.3.2. Modifications prohibited. The PUD district shall not allow the following development standards to be modified:

7.21.3.2.1. Sign requirements;

7.21.3.2.2. Flood damage prevention;

7.21.3.2.3. Site plan requirements;

7.21.3.2.4. Subdivision;

7.21.3.2.5. Landscaping;

7.21.3.2.6. Building design;

7.21.3.2.7. Parking;

7.21.3.2.8. Streets and sidewalks.

7.21.4. PUD development criteria.

7.21.4.1. Common open space requirements. Common usable open space constitutes an essential ingredient in a planned unit development and is one of the most basic and important design elements.

7.21.4.1.1. Standards. The common open space requirements are:

7.21.4.1.1.1. Minimum area. A minimum of twenty (20) percent of the total gross project area, exclusive of public right-of-way and parking lots, shall be devoted to common open space.

7.21.4.1.1.2. Equitable distribution. Open space should be distributed more or less equitably throughout the PUD district in relationship to the dwelling units and other use areas that are intended to be served by the common open space.

7.21.4.1.1.3. Preservation. Adequate guarantees must be provided that the common open space areas as contained in the plan for the PUD district are preserved and maintained for those purposes only. A property owners' association shall be required if other arrangements satisfactory to the city council have not been made for improving, operating, and maintaining all such common open space areas. At the time the final plan and plat is submitted, the articles of incorporation and bylaws of the property owners' association shall be reviewed and approved by the city council. Additionally, the restrictive covenants which run with the land must be submitted and include similar provisions to preserve all open space areas.

7.21.4.1.1.4. Accessible. Common usable open space shall be open to tenants and customers within the PUD. Access by the general public is desired.

7.21.4.1.2. Common open space determination. The required common open space may include:

7.21.4.1.2.1. Wetlands and water bodies, including the normal water surface area of unfenced retention ponds up to fifty (50) percent of the required open space area.

7.21.4.1.2.2. Active detention ponds that include recreational equipment/facilities.

7.21.4.1.2.3. Vegetated/landscaped area, excluding required parking lot landscaping requirements.

7.21.4.1.2.4. Pedestrian paths, trails, sidewalks (exclusive of those required by ordinance) and covered walkways.

7.21.4.1.2.5. Public plazas and hard surfaced recreation areas.

7.21.4.1.2.6. Public pools, tennis courts, basketball courts, baseball fields, soccer fields, or similar outdoor recreation facilities that are open to the residents and users of the PUD.

7.21.4.2. Parking and off-street loading. All uses established within a planned unit development district shall comply with the off-street parking and loading requirements as established in article 9, part III. However, the requirements for individual structures or lots may be met through either provision of adequate parking on the lot on which such structure is so located or upon adjacent property which is under the control of a property owners' association to which said lot is an automatic participant. In no case, however, shall the cumulative requirements for all parking and off-street loading requirements be less than if said uses were individually established and located in any other zoning district within the city.

7.21.4.3. Perimeter requirements. In order to assure compatibility with surrounding development, the developer shall submit specific information as to the setbacks, building height, coverage factors and other elements necessary for all perimeter lots that are adjacent to the boundary of the PUD district or adjacent to any boundary or perimeter street right-of-way. While no specific setback requirements are herein established, the planning board and city council shall consider the nature, extent and character of the adjacent development and shall take into consideration the types of area regulations applicable to adjacent properties.

7.21.4.4. Density. The site plan shall clearly depict the proposed density by land use category. For purposes of calculating densities, net residential acres are defined as gross acres of the PUD site minus all public rights-of-way, and less the area of all parcels or lots devoted to commercial, industrial, or institutional uses not of a residential nature. Common open space that is owned and maintained by a property owners' association shall be included in calculating the net residential acres available for all dwelling units that automatically belong to such an association. Where more than one (1) property owners' association is to be created, then each common open space can only be attributed to the lot or dwellings which have automatic membership for that specific common open area.

7.21.4.5. Building design standards. Refer to article 9, part II, Building facade design.

7.22.1. Temporary residences and offices used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project and prior to the issuance of a final certificate of occupancy.

7.22.2. Permits for temporary residences and offices to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six (6) months after the date of issuance, except that the UDO administrator may renew such permit for one (1) additional period not to exceed six (6) months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

7.22.3. Class B and C manufactured homes are permissible temporary emergency, construction, or repair residences in all nonresidential zoning districts and in RA-15 and RA-5 districts.

7.23.1. An adult or sexually oriented business shall be defined as any business activity, club, or other establishment which permits any person, employee, member, patron, or guest on its premises to exhibit any specified anatomical areas before any other person or persons.

7.23.2. No adult or sexually oriented business shall be permitted in any building:

7.23.2.1. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet of any zoning district within which residential uses are permitted;

7.23.2.2. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from a building used as a dwelling;

7.23.2.3. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from a building in which an adult business or a sexually oriented business is located;

7.23.2.4. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from a building used as a church, synagogue, or other house of worship.

7.23.2.5. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from a building used as a public school or as a state licensed day care center;

7.23.2.6. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from any lot or parcel on which a restaurant is located; and

7.23.2.7. On any lot or parcel, any portion of which lies within one thousand five hundred (1,500) feet in any direction from any lot or parcel on which a cemetery, public playground, public swimming pool, or public park is located.

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

7.24.2. Certification by a registered engineer shall be required to ensure the prevention of petroleum and petroleum related product runoffs into the existing municipal storm drainage and sanitary sewer systems.

7.24.3. All garbage and refuse shall be stored in mechanical loading containers located near the rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines unless the UDO administrator determines that such a setback is not practicable. In such cases, the UDO administrator may, as an alternative, require a lesser setback provided sufficient screening or enclosure is installed.

7.24.4. The open storage of one (1) or more wrecked or inoperable vehicles or parts of one (1) or more vehicles for ten (10) days or more shall be deemed a junkyard. An unlicensed vehicle stored for ten (10) days or more shall be deemed an inoperable vehicle.

Battery charging stations and battery exchange stations shall be permitted in accordance with section 6.5, subject to the following requirements:

7.25.1. Electric vehicle charging stations should be reserved for parking and charging of electric vehicles only.

7.25.2. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

7.25.3. Battery charging stations. For land use compatibility purposes, the charging activity should be proportionate to the associated permitted use. Electric vehicle charging station(s) shall be permitted in a single-family garage designed to service the occupants of the home. Accessory single-family charging stations shall not exceed residential building code electrical limitations. Whereas, charging station(s) installed in a parking lot for nonsingle-family residential use are expected to have intensive use and will be permitted to have multiple "rapid charging stations" to serve expected demand.

7.25.4. Battery exchange stations. Exchange stations are permitted in any commercial or industrial zoning district, provided, however, all other requirements for the building or space the use occupies can be satisfied, such as design review, fire code, and building code requirements. This use is specifically prohibited in exclusively residential or conservation/recreation zoning districts.

7.25.5. Design criteria for commercial and multi-family development. The following criteria shall be applied to electric charging facilities.

7.25.5.1. Number required. This is an optional improvement. No minimum number of stalls applies. Provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site's parking needs.

7.25.5.2. Generally. Location and provision of electric vehicle parking will vary based on the design and use of the primary parking lot, keeping in mind flexibility will be needed in various parking lot layout options.

7.25.5.3. Signage to identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations should be included if time limits or tow away provisions are to be enforced by the owner.

7.25.5.4. Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment.

7.25.5.5. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility.

7.25.5.6. Lighting. Where charging station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only.

7.25.5.7. Notification of station specifics. Information on the charging station identifying voltage and amperage levels and any time of use, fees, or safety information.

7.25.5.8. Avoid the most convenient parking spaces. Stalls should not be located in the most convenient spots because this would encourage use by nonelectric vehicles.

7.25.5.9. Avoid conflict with handicap spots. Stalls should generally not be located adjacent to handicap spots unless designed for handicapped use.

7.25.5.10. Design for compatibility. Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric cars but blended into the surrounding landscape/architecture for compatibility with the character and use of the site.

7.26.1. A bed and breakfast shall be permitted only within a principal residential structure.

7.26.2. A bed and breakfast shall be located in a dwelling in which there is a resident owner or resident manager.

7.26.3. In residential districts, food service shall be available only to guests and not to the general public.

7.26.4. Signage shall be limited to one (1) identification sign not to exceed four (4) square feet in area and four (4) feet in height.

7.26.5. A bed and breakfast shall have vehicular access to a subcollector or higher classified street.

7.27.1. There shall be a minimum of seventy-five (75) square feet of outdoor recreational space for each client. The outdoor recreational area shall be located in a side or rear yard and shall be enclosed by a fence of at least four (4) feet in height.

7.27.2. The hours of operation of a day care center shall be established by the issuance of a conditional use permit in the RA-20 zoning district.

7.27.3. Minimum paved off-street parking spaces: Two spaces plus one for each employee.

7.27.4. Minimum paved off-street loading and unloading area: In addition to the off-street parking area, there shall be sufficient paved driveway to accommodate at least two (2) autos at one time for the purpose of loading and unloading passengers.

7.27.5. The child care center shall have a specified plan for ingress and egress.

7.27.6. No child may remain on the premises of a child care center for more than twenty-four (24) consecutive hours in one (1) stay.

7.28.1. An adult daycare facility must not allow any adult to remain on the premises for more than twenty-four (24) consecutive hours in one (1) stay.

7.28.2. An on-site drop-off and/or residential passenger zone is required.

7.28.3. When located in a residential zoning district, the facility must retain a residential character and must not alter the residential character of the neighborhood.

7.29.1. Hours of operation are limited to 8:00 a.m. to 6:30 p.m.

7.29.2. The sale of food for consumption on or off the premises will require licensing by the city and approval by the department of health.

7.29.3. The sale of firearms and/or alcohol is prohibited.

7.29.4. Permanent open-air flea markets are required to install and maintain fencing or landscaping along three (3) sides of the open market. A landscape plan describing both fencing and landscaping must be reviewed and approved by the UDO administrator.

Individual manufactured homes located on a sales lot shall be set back twenty-five (25) feet from the public street right-of-way.

An establishment that meets the definition of a microbrewery or distillery shall be permitted in accordance with section 6.5, provided it meets the requirements of N.C.G.S. 18B-1104 or 18B-1105, respectively. Tasting rooms are an accessory use to a microbrewery.

7.32.1. Mixed use defined. The mixed use option is provided to allow flexibility in development requirements such as setbacks, density, permitted uses, etc., to accommodate the unique physical, economic, design or other characteristics of a development without compromising the essential standards needed for the protection of the public interest. Mixed use developments require a conditional use permit, as specified in section 4.5, in which the primary use of land is a mix of residential and small-scale commercial uses such as retail, office, service and entertainment establishments. A mix of permitted uses is allowed within the same building or on the same lot or as separate uses on individual parcels. This development pattern is characterized by overlapping patterns of use and activities, and clearly defined, human scale external spaces, where citizens can live, conduct business, and meet freely with others. Development within the mixed use conditional use shall be in accordance with the standards set forth herein.

7.32.2. Performance standards. The UDO administrator, planning board, and city council will work cooperatively with the applicant in determining the appropriate performance standards for mixed use developments. The standards of the zoning district, or districts, in which the mixed use is located, provide general guidance in determining the standards, with consideration given to the specific characteristics and needs of the individual project. All performance standards including density, parcel dimensional requirements, lighting, landscaping, parking, and signage shall be established by the city council upon recommendation of the planning board through issuance of the conditional use permit. The conditions specified by the conditional use permit shall be compatible with the surrounding area and the objectives of this UDO. Creative design concepts are encouraged to minimize impacts on infrastructure and to support environmental protection. The mixed use shall comply with article 9, part IX, Flood damage prevention and article 9, part V, Subdivision regulations.

7.32.3. Permitted uses. The following uses may be established as permitted uses in a mixed use development. Any use that is not listed in this section is expressively prohibited from being located within a mixed use development.

7.32.3.1. Accessory uses

7.32.3.2. Art galleries

7.32.3.3. Bank/financial services

7.32.3.4. Barber and beauty shops

7.32.3.5. Bookstore, including the retail of stationery, books, magazines, newspapers

7.32.3.6. Clothing store

7.32.3.7. Computer sales and repair

7.32.3.8. Drug store

7.32.3.9. Dwelling, duplex

7.32.3.10. Dwelling, multi-family (greater than one acre)

7.32.3.11. Dwelling, single-family

7.32.3.12. Dwelling, single-family (as an accessory for a principal business)

7.32.3.13. Fabric store

7.32.3.14. Florist

7.32.3.15. Gifts and souvenirs

7.32.3.16. Government offices

7.32.3.17. Home occupations

7.32.3.18. Ice cream stand or store

7.32.3.19. Jewelry store

7.32.3.20. Dry cleaner, laundromat

7.32.3.21. Libraries, public or private

7.32.3.22. Music instrument sales and service

7.32.3.23. Music studio

7.32.3.24. Nail/tanning salon

7.32.3.25. Office supplies

7.32.3.26. Parks

7.32.3.27. Indoor athletic and exercise facilities

7.32.3.28. Private postal shipping and receiving

7.32.3.29. Offices, professional and services

7.32.3.30. Restaurants, excluding drive-in or drive-through service

7.32.3.31. Retail apparel and accessories

7.32.3.32. Sporting goods store

7.32.3.33. Tailor/dressmaking/seamstress

7.32.3.34. Toy store

7.32.3.35. Travel agencies

7.32.4. Mixed use conditional use design standards. Article 9, part II, Building facade design standards shall apply.

7.33.1. Individual motor vehicles located on a sales lot shall be set back five (5) feet from the public street right-of-way and property lines.

7.33.2. The parking lot of such use shall be improved in accordance with the provisions of section 9.21, Requirements for parking lots.

Tattoo/body piercing parlors may be permitted as a conditional use in the B-1 zoning district provided that:

7.34.1. The tattoo parlor may not be located or operated within five hundred (500) feet of:

7.34.1.1. A church, synagogue, or regular place of worship;

7.34.1.2. A public or private elementary or secondary school;

7.34.1.3. A public library;

7.34.1.4. A boundary of any residential district;

7.34.1.5. A publicly owned park, beach, beach access, or other recreation area or facility;

7.34.1.6. A licensed day care center;

7.34.1.7. An entertainment business that is oriented primarily towards children;

7.34.1.8. Another tattoo parlor.

7.34.2. For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a tattoo parlor is to be conducted, to the nearest property line of the premises of any use listed in subsection 7.34.1 above.

7.34.3. No more than one (1) tattoo parlor establishment shall be located in the same building or structure or on the same lot. No person shall permit any building, premises, structure, or other facility to contain more than one tattoo parlor.

7.34.4. Tattoo parlors must comply with the following:

7.34.4.1. Hours of operation must be limited to 8:00 a.m. to 2:00 a.m. (Monday through 2:00 a.m. Sunday). Such establishment shall not be open from 2:01 a.m. Sunday until 8:00 a.m. on Monday.

7.34.4.2. Must be fully licensed by the State of North Carolina.

7.34.4.3. All necessary parking must be provided on-site.

7.34.4.4. Parking lot must be lighted to meet the requirements of article 9, part VIII, Utilities.

7.35.1. Outside kennels shall be located only in a side or rear yard.

7.35.2. Outside kennels shall be set back a minimum of fifty (50) feet from an adjoining street right-of-way or property line.

7.35.3. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting.

7.35.4. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.

7.35.5. Fencing surrounding exercise areas and/or runs must be of a sufficient height to prevent escape and must be buried as part of installation to prevent escape by digging beneath the fence posts.

7.35.6. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation.

7.36.1. Self-service storage facilities shall be limited to dead storage only.

7.36.2. The sale of any item from or at a self-service storage facility shall be strictly prohibited. It shall be unlawful for any owner, operator or lessee of any self-service storage facility or any portion thereof to offer for sale, or to sell any item of personal activity of any kind whatsoever other than leasing of the storage units.

7.36.3. The vehicle accommodation area of such use shall be improved with either asphalt and concrete.

7.36.4. A driveway aisle for self-service storage shall be a minimum of twenty-four (24) feet. A driveway aisle where access to storage units is only one side of the aisle may be twenty (20) feet in width.

7.36.5. All outdoor lights shall be shielded to direct light and glare only onto the self-service storage premises and may be of sufficient intensity to discourage vandalism and theft. Lighting and glare shall be deflected, shaded, and focused away from all adjoining uses.

7.36.6. No outside storage will be permitted.

Bona fide farms in the City of Kinston extraterritorial jurisdiction are exempt from the provisions of this ordinance as directed by N.C.G.S. 160A-360(K), as amended by S.L. 2011-363(H168).

Solar collectors shall be permitted as an accessory use to new or existing structures or facilities in accordance with section 6.5, subject to the following standards:

7.38.1. Roof-mounted solar systems. The collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

7.38.1.1. Pitched roof mounted solar systems. For all roof-mounted systems other than a flat roof, a drawing shall be submitted showing the location of the solar panels.

7.38.1.2. Flat roof mounted solar systems. For flat roof applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building.

7.38.2. Ground-mounted solar systems. Ground-mounted solar collectors (accessory) shall meet the minimum zoning setback for the zoning district in which it is located, except that it may be located within the front yard setback in the RA-20, O-I, B-2, I-B, I-1, and I-2 zoning districts when the system does not exceed six (6) feet in height and screening shall be required consistent with article 9, part I.

7.38.3. Approved solar components. Electric solar system components shall have a UL listing.

7.38.4. Compliance with building and electrical codes. All solar collector systems shall be in conformance with the International Building Code with North Carolina amendments.

7.38.5. Compliance with other regulations. All solar collector systems shall comply with all other applicable regulations.

A solar farm developed as a principal use shall be permitted in accordance with section 6.5, subject to the following:

7.39.1. Setbacks. Solar farms shall meet the minimum zoning setbacks for the zoning district in which located.

7.39.2. Height. Fifteen (15) feet maximum.

7.39.3. Visibility. Solar farms must be set back at least one hundred fifty (150) feet from any residential district; no energy generating equipment may be located within one hundred fifty (150) feet of any public right-of-way; and a continuous screen of evergreen vegetation intended to be at least ten (10) feet high and three (3) feet thick at maturity must screen all adjacent properties and roadways.

7.39.4. Interconnection agreement. All solar farms are required to enter into an interconnection agreement with the city prior to connection.

7.39.5. Application requirements.

7.39.5.1. Submit a site plan denoting the dimensions of the parcel, proposed solar farm location (arrangement of panels), distance from the proposed area to all property lines, and location of the driveway(s). No portion of the system area may encroach into the required setbacks and any buffer area(s).

7.39.5.2. The site plan should also show the location of required buffers.

7.39.5.3. Submit horizontal and vertical (elevation) to-scale drawings with dimensions. The drawings must show the location of the system on the property.

7.39.5.4. State and local stormwater permits may be required based upon ground cover.

7.39.5.5. If applicable, the applicant must apply and receive from the North Carolina Department of Transportation (NCDOT) a driveway permit, or submit documentation from NCDOT that the existing site access is acceptable for the required use prior to final project approval.

7.39.6. Installation and design.

7.39.6.1. Approved solar components. Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).

7.39.6.2. Compliance with building and electrical code. All solar farms shall meet all requirements of the International Building Code with North Carolina Amendments.

7.40.1. A zoning permit may be authorized by the UDO administrator for Christmas tree and related natural ornamental sales, itinerant merchant sales, retail merchant shows, and similar temporary uses.

7.40.2. All other temporary uses of land must be approved as special events in accordance with section 7.8.

7.40.3. A zoning permit for a temporary use may also authorize one (1) temporary sign, not to exceed forty (40) square feet in sign surface area, associated with the temporary use. Such temporary sign shall conform to the requirements of article 9, part IV.

Wind energy generating facilities (accessory) designed to supplement other electricity sources shall be permitted as an accessory use in accordance with section 6.5, subject to the following standards:

7.41.1. A wind energy generator (accessory) shall be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district, whichever is greater.

7.41.2. A wind turbine may not be located between the front wall of the primary structure and the street.

7.41.3. Rotor blades on wind turbines shall maintain at least twenty-four (24) feet of clearance between their lowest point and the ground.

7.41.4. Maximum height of wind turbines shall be consistent with the requirements of the underlying zoning district. The height shall be measured from the ground to the highest point of the prop.

7.41.5. Installation and design.

7.41.5.1. The installation and design of the wind energy generator (accessory) shall conform to applicable industry standards, including those of the American National Standards Institute.

7.41.5.2. All electrical, mechanical, and building components of the wind energy generator (accessory) shall be in conformance with the International Building Code with North Carolina amendments.

7.41.5.3. Any on-site transmission or power lines shall, to the maximum extent possible, be installed underground.

7.41.5.4. Attachment to a building of any kind shall be prohibited.

7.41.6. The visual appearance of wind energy generator (accessory) shall:

7.41.6.1. Be constructed of a corrosion resistant material that will not fade, show rust spots, or otherwise change the appearance as a result of exposure to the elements and be a non-obtrusive color such as white, off-white, or gray.

7.41.6.2. Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

7.41.6.3. Landscaping, buffering, and screening shall be provided in accordance with article 9, part I.

7.41.7. Any wind energy generator (accessory) that is not functional shall be repaired by the owner within a three-month period or be removed. In the event that the city becomes aware of any wind energy system that is not operated for a continuous period of three (3) months, the city will notify the landowner by certified mail and provide thirty (30) days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the city deems the timetable for corrective action as unreasonable, the city shall notify the landowner and such landowner shall remove the turbine within thirty (30) days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

7.41.8. Compliance with other regulations. All wind energy generators shall comply with all other applicable regulations.

Wind farms developed as a principal use shall be permitted in accordance with section 6.5, subject to the following:

7.42.1. Setbacks.

¹ Measured from the center of the wind turbine base to the property line, right-of-way, or nearest point on the foundation of the occupied building.

² Calculated by multiplying required setback number by wind turbine height.

7.42.2. Height. Two hundred fifty (250) feet maximum.

7.42.3. Ground clearance. Rotor blades on wind turbines must maintain at least twenty-four (24) feet of clearance between their lowest point and the ground.

7.42.4. Visibility. Wind farms must be set back at least one hundred fifty (150) feet from any residential district; no energy generating equipment may be located within one hundred fifty (150) feet of any public right-of-way; and a continuous screen of evergreen vegetation intended to be at least ten (10) feet high and three (3) feet thick at maturity must screen all adjacent properties and roadways.

7.42.5. Interconnection agreement. All wind farms are required to enter into an interconnection agreement with the city prior to conn ection.

7.42.6. Wind farm facility noise, shadow flicker, and electromagnetic interference.

7.42.6.1. Audible sound from a wind turbine shall not exceed fifty-five (55) dBA, as measured at any occupied building of a non-participating landowner.

7.42.6.2. Shadow flicker at any occupied building on a non-participating landowner's property caused by a wind energy facility located within two thousand five hundred (2,500) feet of the occupied building shall not exceed thirty (30) hours per year.

7.42.6.3. Wind turbines may not interfere with normal radio and television reception in the vicinity. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any wind energy facility.

7.42.7. Application requirements.

7.42.7.1. Provide identification and location of the property on which the proposed wind farm will be located.

7.42.7.2. Submit a site plan denoting the dimensions of the parcel, proposed wind farm location (arrangement of turbines and related equipment), distance from the proposed area to all property lines, and location of the driveway(s). No portion of the wind farm area may encroach into the required setbacks and any buffer area(s).

7.42.7.3. The site plan should also show the location of required buffers.

7.42.7.4. Provide the representative type and height of the wind turbine in the form of horizontal and vertical (elevation) to-scale drawings, including its generating capacity, dimensions and respective manufacturer, and a description of ancillary facilities.

7.42.7.5. Provide evidence of compliance with applicable Federal Aviation Administration regulations.

7.42.7.6. State and local stormwater permits may be required based upon ground cover.

7.42.7.7. If applicable, the applicant must apply and receive from the North Carolina Department of Transportation (NCDOT) a driveway permit, or submit documentation from NCDOT that the existing site access is acceptable for the required use prior to final project approval.

7.42.7.8. An applicant for a wind farm conditional use permit shall include with the application an analysis of the potential impacts of the wind power project, proposed mitigative measures, and any adverse environmental effects that cannot be avoided, in the following areas:

7.42.7.8.1. Demographics including people, homes, and businesses.

7.42.7.8.2. Noise.

7.42.7.8.3. Visual impacts.

7.42.7.8.4. Public services and infrastructure.

7.42.7.8.5. Cultural and archaeological impacts.

7.42.7.8.6. Recreational resources.

7.42.7.8.7. Public health and safety, including air traffic, electromagnetic fields, and security and traffic.

7.42.7.8.8. Hazardous materials.

7.42.7.8.9. Land-based economics, including agriculture, forestry, and mining.

7.42.7.8.10. Tourism and community benefits.

7.42.7.8.11. Topography.

7.42.7.8.12. Soils.

7.42.7.8.13. Geologic and groundwater resources.

7.42.7.8.14. Surface water and floodplain resources.

7.42.7.8.15. Wetlands.

7.42.7.8.16. Vegetation.

7.42.7.8.17. Avian impact assessment that includes an indication of the type and number of birds that are known or suspected to use a project site and the area surrounding that site.

7.42.7.8.18. Wildlife.

7.42.7.8.19. Rare and unique natural resources.

7.42.7.9. An applicant for wind farm conditional use permit shall state in the application whether a certificate of public convenience and necessity for the system is required from the North Carolina Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The city may ask the utilities commission to determine whether a certificate of public convenience and necessity is required for a particular wind power project for which the city has received an application. The city shall not approve a project requiring a certificate unless and until such certificate is issued by the utilities commission. If a certificate is not required from the utilities commission, the permit shall include with the application a discussion of what the applicant intends to do with the power that is generated.

7.42.8. Installation and design.

7.42.8.1. The installation and design of the wind generation facility shall conform to applicable industry standards, including those of the American National Standards Institute.

7.42.8.2. All electrical, mechanical, and building components of the wind generation facility shall be in conformance with the International Building Code with North Carolina Amendments.

7.42.8.3. Any on-site collection and distribution lines shall, to the maximum extent possible, be installed underground.

7.42.8.4. Attachment to a building of any kind shall be prohibited.

7.42.9. Visual appearance.

7.42.9.1. The wind turbine shall be constructed of a corrosion resistant material that will not fade, show rust spots or otherwise change the appearance as a result of exposure to the elements, and be a non-obtrusive color such as white, off-white or gray; and

7.42.9.2. The wind turbine shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

7.42.10. Maintenance. Any wind generation facility that is not functional shall be repaired by the owner within a six-month period or be removed. In the event that the city becomes aware of any wind farm that is not operated for a continuous period of six (6) months, the city will notify the landowner by certified mail and provide thirty (30) days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the city deems the timetable for corrective action as unreasonable, the city shall notify the landowner, and such landowner shall remove the turbine(s) with one hundred eighty (180) days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

7.42.11. Decommissioning.

7.42.11.1. The applicant must remove the wind generation facility if, after the completion of the construction, the wind generation facility fails to begin operation, or becomes inoperable for a continuous period of one (1) year.

7.42.11.2. The one-year period may be extended upon a showing of good cause to the City of Kinston Board of Adjustment.

7.42.11.3. Applicants proposing development of a wind farm must provide to the city a form of surety equal to one hundred twenty-five (125) percent of the entire cost, as estimated by the applicant and approved by the city attorney, either through a surety performance bond, irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the city or in escrow with a financial institution designated as an official depository of the city, to cover the cost of removal in the event the applicant is unable to perform any required removal and the city chooses to do so. Following initial submittal of the surety, the cost calculation shall be reviewed every twelve (12) months by the applicant and adjusted accordingly based upon the estimated decommissioning costs in current dollars. The adjustment must be approved by the city. Failure to comply with any requirement of this paragraph shall result in the immediate termination and revocation of all prior approvals and permits; further, the City of Kinston shall be entitled to make immediate demand upon, and/or retain any proceeds of, the surety, which shall be used for decommissioning and/or removal of the wind farm, even if still operational.

Home occupations in the arts and cultural overlay district shall be an enterprise that is primarily music or arts-based, involving the creation, display, or sale of artistic wares, crafts, pieces, sculptures, or other creations during normal business hours and weekends. A café not exceeding one thousand (1,000) square feet may also be permitted. Signs in the arts and cultural overlay are limited to wall signs no larger than eight (8) square feet, except for sandwich board signs in accordance with subsection 9.31.1.6. Signs shall not be illuminated.

Following the date of adoption of this ordinance, multi- and single-family residential will be permitted in the B-2 district when limited to the following conditions:

7.44.1. Minimum non-ground level building floor area of six hundred (600) square feet per residential unit.

7.44.2. Street frontage use requirements: All ground floor space shall be developed for nonresidential uses, as permitted in the B-2 district.

7.44.3. Parking: Off-street parking is not required.

Internet sweepstakes operations shall be permitted in accordance with section 6.5, subject to the following:

7.45.1. Parking. One and one-half (1.5) spaces per terminal.

7.45.2. General requirements. Internet sweepstakes operations shall be regulated as to location in the following manner in addition to any other requirements of the UDO:

7.45.2.1. Internet sweepstakes operations shall be located a minimum of five hundred (500) feet measured in any direction, from:

7.45.2.1.1. A place of worship or other religious institution.

7.45.2.1.2. A day care center, public or private school.

7.45.2.1.3. Other internet sweepstakes operations, tattoo and body piercing establishments, or adult and sexually oriented businesses.

7.45.2.1.4. A public park, playground, skating rink, video arcade, or movie theater.

7.45.2.2. Measurement of distance shall be in a straight line from the closest point of the structure at which the internet sweepstakes operations business is located.

7.45.2.3. Hours of operation shall be limited to 8:00 a.m. through 12:00 midnight, seven (7) days a week.

7.45.2.4. The maximum number of machines/terminals/computers for any internet sweepstakes operation is twenty (20).

7.45.2.5. Weapons are prohibited in the establishment.

7.45.2.6. The establishment shall be restricted to patrons and employees at least eighteen (18) years of age.

7.45.2.7. If food or beverage is served, the establishment must meet the requirements of the appropriate county health department, including any and all necessary permits and/or licenses.

7.45.2.8. No alcoholic beverages will be served or consumed on the premises of internet sweepstakes operations.