(a)

For the purpose of this chapter, all of the areas within the boundaries of the corporate limits of the town are included.

(b)

In order to regulate the height and size of buildings; to regulate the intensity of land use; to regulate the location of the land uses; to provide for the improved environment; and to promote the health, safety and general welfare of its citizens, the town is hereby divided into the following zoning districts:

(Code 2003, § 30-151; Ord. No. 02-21, § 1(19.41), 6-20-2002; Ord. No. 03-30, § 1, 12-18-2003; Ord. No. O20-011, § 1(Exh. A), 2-20-2020; Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

(a)

The regulations established in this article for each district shall be the minimum regulations, unless specified otherwise, and shall apply uniformly to each class or kind of land or structure, except as provided in this article.

(b)

No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered or moved, unless in conformity with all of the regulations in this article specified for the district within which it is located.

(c)

The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter, for every building erected or structurally altered, shall not be encroached upon or considered as yard and open space requirements or intensity of use requirements for any other building, unless specifically permitted.

(d)

Rights-of-way, public or private, for streets and roads shall not be considered a part of a lot or open space, or front, side or rear yard for the purpose of meeting yard requirements.

(e)

Every building erected or structurally altered shall be located on a lot meeting the requirements of the district in which it is located.

(1)

In residential districts, except for condominium or townhouse developments, there shall be no more than one principal building and the customary accessory structures/uses on the lot, except as provided for in this chapter.

(2)

In any nonresidential district, multiple buildings or structures, with the exception of billboards, are permitted on a single lot. All yard dimensional requirements shall apply to the property lines of the entire developments. No individual buildings shall be required to meet the yard dimensions. However, all site plans for such buildings or structures shall be subject to the same standards and procedures as a major or multi-unit development as set forth in section 66-255, development plan and design requirements.

(f)

A use or building not expressly permitted by right shall not be allowed in a zoning district unless such use is permitted in accordance with the table of permitted uses in section 66-162, including note 4.

(Code 2003, § 30-152; Ord. No. 02-21, § 1(19.41), 6-20-2002; Ord. No. 04-37, § 1, 11-18-2005)

(a)

This article contains the specific use and area regulations for each zoning district found in the town. The descriptions have been divided into the following explanations:

(1)

Purpose. The intended application for each district which guides its placement relative to either existing or proposed development and establishes the maximum allowable density.

(2)

Table of uses. The listing of specific land uses permitted by right in each district. If a use is not listed, then it is not permitted.

(3)

Area and height table. The provisions for each district concerning lot sizes, setback or yards, height and buffering requirements.

(b)

The use of separate sections to describe the various provisions for each district does not relieve any person from complying with all the requirements for the same district.

(Code 2003, § 30-153; Ord. No. 02-21, § 1(19.43), 6-20-2002)

(a)

The R-20 Low Density Residential District is established for low density residential development and other compatible uses. Recognition of the existing residential development pattern located within the town and on its fringes creates a need for this district to preserve the character of these established neighborhoods and protect their associated property values. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of residential areas within such district.

(b)

The minimum lot size is 20,000 square feet.

(c)

Activities of a commercial nature, except certain home occupations controlled by specific limitations, are prohibited from this district.

(d)

Mobile homes and manufactured homes are not permitted.

(Code 2003, § 30-154; Ord. No. 02-21, § 1(19.44), 6-20-2002)

(a)

The R-15 Medium Density Residential District is established for medium density residential development and other compatible uses. It may act as a transition between higher density urban development and lower density residential development. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of residential areas within such district.

(b)

The minimum lot size is 15,000 square feet.

(Code 2003, § 30-155; Ord. No. 02-21, § 1(19.45), 6-20-2002)

(a)

The RMH Residential Manufactured Home District is established to accommodate individual Class A manufactured homes, Class B manufactured homes and Class C manufactured homes. It affords residents of the town an alternate housing type and thereby promotes the health, safety and general welfare of the community.

(b)

The minimum lot size for manufactured homes is 15,000 square feet.

(Code 2003, § 30-156; Ord. No. 02-21, § 1(19.46), 6-20-2002)

(a)

The C-1 General Commercial Business District is designed to serve both nonresidents and residents using the major roads that run through the areas zoned. This district is designed to accommodate retail or service establishments customarily patronized by transient traffic as well as nontransient traffic. The district shall provide for commercial sites smaller than those needed for regional shopping facilities, and for the clustering of smaller businesses as well as provide for the intermediate commercial needs of the community.

(b)

The minimum lot size is 6,000 square feet.

(Code 2003, § 30-157; Ord. No. 02-21, § 1(19.47), 6-20-2002)

(a)

The C-2 Regional Business Commercial Business District is established to accommodate larger commercial facilities offering goods and services meeting the needs of the residents of the town, county and region, such as malls or shopping centers. It is designed to be located at the intersections of major thoroughfares and occur in clustered patterns. This district is intended to encourage one-stop shopping at convenient and safely accessible locations.

(b)

The minimum lot size is 15,000 square feet.

(Code 2003, § 30-158; Ord. No. 02-21, § 1(19.48), 6-20-2002)

(a)

The C-3 Commercial Trucking District is established to provide areas for warehousing, storage and limited industrial uses. Limited industries, for purposes of this chapter, are generally characterized as light industries, with small physical plants, low land requirements and high worker-to-land ratios. This shall not include heavy manufacturing activities which typically produce excessive noise, odor, smoke, dust, airborne debris and other objectionable elements. This district may also accommodate a mixture of light manufacturing wholesale, commercial service and repair, and distributive business type uses.

(b)

The minimum development density is 43,560 square feet.

(Code 2003, § 30-159; Ord. No. 02-21, § 1(19.49), 6-20-2002)

(a)

The O&I Office and Institutional District is established to provide sufficient land area for the business, office, governmental and institutional needs of the community. It can also function as a transitional land use between intensive commercial and industrial uses, and residential developments. This district is also designed to reduce the intensity of development along thoroughfares between commercial clusters.

(b)

The minimum lot size is 10,000 square feet.

(Code 2003, § 30-160; Ord. No. 02-21, § 1(19.50), 6-20-2002)

(a)

The M-F Multifamily District is established for moderate to high density multiple-family development of varying types and designs. This could include apartments, townhouses, condominiums or single-family homes. Such district functions as a transitional land use between intensive nonresidential uses or higher density residential areas and lower density residential areas. This district is designed to respond to the varying housing needs of the community, while affording a reasonable range of choice, type and location of housing units within the town.

(b)

The maximum development density shall be 16.0 units per acre.

(c)

The calculation of density shall be made using the total acreage of the development, to include wetlands, stormwater features, and other areas not suitable for development, so as to offer maximum density per acreage.

(d)

Performance development standards for the R-6 district can be found in section 66-315.

(Code 2003, § 30-161; Ord. No. 02-21, § 1(19.51), 6-20-2002; Ord. No. 03-05, § 1, 1-30-2003; Ord. No. 16-02 , §§ 1, 2, 1-21-2016; Ord. No. O20-035, § 1(Exh. A), 8-20-2020)

The PUD Planned Unit Development District is established for the purpose of permitting greater flexibility than would normally be allowed in a particular residential district in the area, yard, space, height and density requirements for construction and development of residential areas, and to promote and encourage more creative and imaginative site planning and design than would be possible if such construction and development were in strict compliance with the requirements for the particular district. It is further the purpose of this district to promote more economical and efficient use of land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of the natural scenic qualities of open space.

(Code 2003, § 30-162; Ord. No. 02-21, § 1(19.52), 6-20-2002)

(a)

The R-6 Medium Density Residential District is established for medium density residential homes which encourages the construction, and use, of land for single-family dwellings while at the same time prohibiting commercial and industrial use of the land and any other use which would substantially interfere with the development of single-family dwellings.

(b)

Performance development standards for the R-6 district can be found in section 66-315.

(Code 2003, § 30-163; Ord. No. 02-21, § 1(19.53), 6-20-2002; Ord. No. O20-011, § 1(Exh. A), 2-20-2020)

Editor's note— Ord. No. O20-011, § 1(Exh. A), adopted February 20, 2020, changed the title of section 66-138 from "R-6 Medium Density with Performance Standards Residential District" to "R-6 Medium Density Residential District." The historical notation has been preserved for reference purposes.

The CD Conservation District is established to give the highest priority to the protection, restoration, and management of valuable areas including estuarine waters, isolated and coastal wetlands, biodiversity and wildlife habitat areas, and historical, cultural, and archeological areas so as to safeguard and perpetuate their biological, social, aesthetic, intrinsic, and economic values. Suitable land and water-dependent uses shall be those consistent with the above objective to ensure the continued intrinsic, scenic, and conservation value that these lands and waters provide to the town, its residents, visitors and the surrounding area. Areas zoned conservation district should be maintained in their natural, scenic, wooded and open condition to the maximum extent practicable, and restricted from any development or use that would impair or interfere with the conservation purposes of this zoning district.

(Code 2003, § 30-164; Ord. No. 03-30, § 2, 12-18-2003; Ord. No. O22-010, § 1(Exh. A), 2-17-2022)

(a)

The Innovation District is intended to support and encourage job-creating uses that fit the town's character and desire to be a place for creative, sustainable and entrepreneurial companies to start, grow or relocate. Encouraged uses include advanced manufacturing, research and development, and associated support functions serving both the needs of the community and the region. Heavy industrial and similar uses with impacts such as noise, glare, odor, vibration, or smoke are discouraged.

(b)

The minimum district area shall be 50 acres.

(c)

Sign allowances shall be the same as the allowances for signs in the C-3 zoning district.

(d)

Street lighting shall be required as per section 50-148.

(Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

Offices are permitted in O&I and C-1, provided there is no outside storage of materials.

Note 1. Storage of flammables. The storage of flammables shall not be permitted or considered a use-by-right, except in a C-3 district and when such authorization for such use is given by the county fire marshal relative to compliance of proposed storage facilities with state and county fire regulations.

Note 2. Dry cleaning or laundering. Dry cleaning and laundering establishments shall be permitted when only oil, gas or electricity is the source of heat for the laundry process. Screening and filtering devices shall be used to prevent the emission of smoke, lint, dust, fumes, odors or steam into the atmosphere.

Note 3. Home occupation. Home occupations are permitted only as an incidental use and are limited to the following:

(1)

Permitted uses.

a.

The office of a physician or studio of an artist;

b.

General or trade contractor, musician, insurance agent, lawyer, real estate broker, teacher or other like professional person residing on the premises;

c.

Workshop or seminar not conducted for profit;

d.

Customary home occupation, such as millinery, dressmaking, laundering or pressing and tailoring;

e.

Rooming and/or boarding of not more than two persons, for which rent is charged;

f.

Single operator of a beauty shop and/or barbershop;

g.

Commercial photographic studio; and

h.

Vehicle for hire, provided there is only one vehicle with seating capacity not to exceed 15 passengers used for such purpose (Ref. note 15).

(2)

Other restrictions.

a.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family housing unit, or outside the housing unit, if conducted in other than a single-family housing unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises;

b.

No display of products shall be visible from the street;

c.

No mechanical equipment shall be installed outside of any building for inside use or used in any manner other than is normally used for domestic or professional purposes, and which does not cause noise or interference in radio and television reception;

d.

A physician, dentist or other medical professional licensed by the state shall be allowed to have one nurse or assistant who may or may not be a resident of the dwelling, but not both;

e.

Only one person, other than members of the family residing on the premises, shall be engaged in such occupation;

f.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

g.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles, including pickup trucks and step-type vans, only shall be permitted in connection with the conduct of the customary home occupation;

h.

Instruction in music, dancing or tutoring of academic subjects shall be limited to four students at a time;

i.

No accessory building or outside storage shall be used in connection with the home occupation.

Note 4. Uses classified as "not elsewhere classified." Various uses listed in the table of uses with the designation "not elsewhere classified" shall be allowed in the permitted districts utilizing the list of uses designated in the current edition of the SIC Manual.

Note 5. Adult day care facility.

(1)

A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to, and exit from, the property without backing onto the street right-of-way;

(2)

No outside sign in excess of two square feet in area in residential districts, and four square feet in area in O&I districts shall be permitted; and

(3)

The construction and operation of such facilities shall comply with the provisions of the general statutes of the state and any other applicable federal, state or local codes.

Note 6. Adult establishment. An adult bookstore, adult motion picture theater, adult cabaret or massage business shall be subject to the following restrictions:

(1)

No adult establishment shall be located within 1,000 feet of another adult establishment.

(2)

No adult establishment shall be located 500 feet or more from the boundary line of any district zoned RMH, M-F, C-1, C-2, O&I, R-20, R-15, PUD and R-6 under the provisions of this chapter.

(3)

An adult establishment shall be located 1,500 feet or more from the lot line of any school, church or public park.

(4)

All distances provided in this note shall be measured as follows:

a.

With respect to the distance between a location for which an adult establishment is proposed and the location where an adult establishment exists, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed adult establishment is to be located to the nearest point of the lot lines of the lot on which the existing adult establishment is located.

b.

With respect to the distance from the boundary line of a zoning district as set forth in subsection (2) of this note, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed adult establishment is to be located to the nearest point of the lot lines of the lot on which the existing adult establishment is located.

c.

With respect to the distance from the lot line of any school, church or public park, the distance shall be measured by following a straight line from the nearest point of the lot line of the lot on which the adult establishment is to be located to the nearest point on the lot line of such school, church or public park.

Note 7. Cemetery. A cemetery shall meet the minimum requirements of the state burial commission and any other applicable federal, state or local codes.

Note 8. Child day care center.

(1)

A paved or otherwise improved driveway, with ingress and egress directly onto a public street, constructed in such a manner as to provide entrance to, and exit from, the property without backing onto the street right-of-way;

(2)

The entire play area is enclosed with a fence having a minimum height of four feet and constructed in such a manner that maximum safety is ensured;

(3)

No outside sign in excess of two square feet in area in commercial districts, and one square foot in area in residential districts shall be permitted; and

(4)

The construction and operation of such facilities shall comply with the provisions of the general statutes of the state and any other applicable federal, state or local codes.

Note 9. Fraternal and social organizations.

(1)

The lot size shall be no less than 20,000 square feet for new construction and no less than 15,000 square feet for the conversion of existing buildings; and

(2)

The usable floor space shall not be less than 250 square feet per member.

Note 10. Kennels, commercial.

(1)

The minimum lot size for commercial kennels located on property zoned C-1 shall be one acre, the minimum lot size for commercial kennels located on property zoned C-2 shall be nine-tenths acre, the minimum lot size for commercial kennels located on property zoned C-3 shall be four-fifths acre;

(2)

All pens and kennels shall be completely enclosed within the primary structure by solid walls and a roof; and

(3)

No outdoor exercise, training or play area shall be located any closer than 150 feet from any principal commercial or residential structure, except on property zoned C-2 or C-3, in which case the minimum separation shall be 100 feet from any principal structure;

(4)

No outdoor exercise, training or play area shall be located any closer than 100 feet from any residential property line or property line of a lot on which a residential dwelling is located, except on property zoned C-2 or C-3, in which case the minimum separation shall be 50 feet from any residential property line; or property line of a lot on which a residential dwelling is located;

(5)

A fence constructed of opaque material, at least six feet in height must separate the lot on which the kennel is to be located and any abutting residentially zoned lot; in addition to vegetative buffers as required in article VII of this chapter;

(6)

Outdoor exercise areas or facilities shall only be permitted between the hours of 8:00 a.m. and 5:00 p.m.;

(7)

Animal waste shall not be stored within 100 feet of any property line;

(8)

All animal waste must be disposed of by use of a department of environment and natural resources approved wastewater system; and

(9)

A sign clearly visible and located at the entrance of the building/facility shall be posted containing the names, addresses, and telephone numbers where the persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with regulations established for business identification signs in section 42-10(2).

Note 11. Nursing and personal care facilities.

(1)

The lot size shall not be less than two acres; and

(2)

The structure shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required for single-family residences within the district in which the structure is located.

Note 12. Schools, public or private.

(1)

All structures shall have a minimum side and rear yard of 50 feet.

(2)

An off-street dropoff/pickup area shall be designed on-site to minimize traffic delays on the public street.

Note 13. Public utility substation. Utility stations and plants outside public rights-of-way, such as sewage lift stations, pump stations, etc., which do not create excessive noise, odor, smoke or dust, and which do not possess other objectionable characteristics which might be detrimental to surrounding neighbors or other uses permitted in any district, are not subject to minimum lot size and setbacks. The use is to be screened with security fencing or another structure, and a landscape buffer.

Note 14. Offices for contractor, general, or trades. Offices for contractor, general, or trades are permitted in the C-1, C-2, O&I and PUD zoning districts provided there is no outside storage of materials or equipment. The open storage of materials is permitted within the C-3 district so long as all such storage is completely screened with an opaque fence and not visible from any right-of-way or adjacent property. The open storage of scrap material, trash, construction debris, or other material that would be considered a nuisance shall not be permitted with such use. Offices for contractor, general, or trades may accompany contractor's plant/storage yard in the C-3 district.

Note 15. Reserved.

Note 16. Tattoo parlor/body piercing. A tattoo parlor and body piercing business shall be subject to the following restrictions:

(1)

No body piercing establishment shall operate outside of a tattoo parlor establishment.

(2)

No tattoo parlor/body piercing establishment shall operate within 2,000 feet of the lot line of another tattoo parlor/body piercing establishment.

(3)

Distances. With respect to the distance between a location for which a tattoo parlor/body piercing establishment is proposed and the location where a tattoo parlor/body piercing establishment exists, distances shall be measured by following a straight line from the nearest point of the lot line on which a proposed tattoo parlor/body piercing establishment is to be located to the nearest point of the lot lines of the lot on which the existing tattoo/body piercing establishment is located.

Note 17. Family care homes and group homes. Any family care home or group home shall meet the following prescribed conditions:

(1)

Off-street parking must be provided in accordance with section 66-275.

a.

The minimum parking for group homes shall be the same as boardinghouses.

b.

Family care homes shall be considered as residential dwellings.

(2)

For new construction, the facade of the structure shall be designed to be architecturally compatible with the streetscape for the district in which it is located. Any proposed change to the facade of an existing structure shall be architecturally compatible with the surrounding neighborhood as determined by the zoning official.

(3)

No family care home or group home shall be operated or occupied without a zoning compliance permit and certificate of occupancy.

(4)

A proposed family care home or group home shall be located no closer than a one-half mile radius from any existing permitted family care home or group home within any zoning district whether contiguous or not.

(5)

With respect to the distance between the proposed use and the existing, permitted uses described in subsection (4) of this note, the distance shall be measured by following a straight line from the nearest point of the lot line of the proposed use to the nearest point of the lot line of the lot on which the existing facility is located.

(6)

The board of adjustment may grant a variance from the separation requirement if shown to be a reasonable accommodation under the Fair Housing Act.

Note 18. Package sewer treatment plants. See subsection 66-313(c)(9).

Note 19. Major public utilities-water.

(1)

Where any major utility-water abuts a residential use a level 2 buffer shall be required.

(2)

Any major utility-water shall be completely enclosed and secured by a fence of at least six feet in height.

(3)

Suitable off-street parking for maintenance, service, or other vehicles shall be provided.

Note 20. Motor vehicle sales; generally. The sale of motor vehicles by individual owners in shopping centers, combined developments (as defined in section 42-1) or on commercially zoned lots for which a final zoning certificate for an automobile dealer or truck sales has not been issued shall comply with the following:

(1)

Number. The sale of more than one motor vehicle, boat, boat trailer, personal watercraft or travel trailer shall not be permitted per lot at a time. On commercially zoned lots larger than one acre the sale of more than two motor vehicles, boats, boat trailers, personal watercraft or travel trailers shall not be permitted.

(2)

Property owner permission. Any motor vehicle, boat, boat trailer, personal watercraft or travel trailer placed on a commercially zoned lot must visibly display a property owner permission form that can be obtained from development services.

Note 21. Electronic gaming operations. Electronic gaming operations shall be permitted in accordance with the use tables in this section and subject to the following:

(1)

Prior to the operation of an electronic gaming operation, a zoning compliance permit and a privilege license for an electronic gaming operation must be issued.

(2)

Electronic gaming operations shall be regulated as to location in the following manner in addition to any other requirements of this Code: Electronic gaming operations shall be located a minimum of 1,500 feet measured in any direction, from:

a.

A place of worship or other religious institution;

b.

A day care center, public or private school;

c.

A public park, playground, public library, or cemetery;

d.

A skating rink, video arcade, or motion picture theater which shows G- or PG-rated movies to the general public on a regular basis; or

e.

Electronic gaming operations, tattoo or body piercing establishments or adult and sexually oriented businesses.

(3)

Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. Straight line distance shall be measured from the property line of the existing or established use to the building of the proposed electronic gaming operation. A use in subsection (2) of this note shall be considered to be existing or established if it is in place or actively under construction at the time the application is submitted. Residential zoning districts shall be based upon the most current official zoning map.

(4)

Hours of operation shall be limited to 8:00 a.m. through 12:00 midnight, seven days per week. No playing on any computer subject to this chapter shall be allowed from 12:00 midnight to 8:00 a.m.

(5)

No minor (17 years of age or younger) shall be allowed to operate a gaming machine subject to this chapter.

(6)

All electronic gaming operations shall comply with requirements of G.S. ch. 14, art. 37.

(7)

The maximum number of gaming machines for any electronic gaming operation business is 15.

(8)

Electronic gaming operations must be visible and open to the store front of the building or structure. Shading or tinting of store front windows shall not exceed 35 percent.

(9)

Failure to obtain a privilege license for an electronic gaming operation or pay the privilege license fees upon initial issuance or renewal of a privilege license for an electronic gaming operation as required by chapter 18 of this Code shall result in a penalty equal to 100 percent of the fee that is due, in addition to the fee itself.

(10)

Consciously and purposely hiding machines/terminals/computers, using switching devices to change screens in order to hide the true purpose and use of a computer, or any other ploy to hide the intended use of any computer within the establishment shall be considered as perpetrating a fraud upon the town and shall result in the immediate permanent revocation of the establishment's privilege license.

(11)

There shall be an adult manager, 18 years of age or older, on the premises during the hours of operation.

(12)

Each applicant for zoning compliance as required by this chapter shall be upon a form approved by the town manager and shall be filed with the code enforcement officer. Each applicant shall certify, under oath, the following information:

a.

The name, age and residence of all interested parties;

b.

The address of the premises where the business shall be located;

c.

The proposed hours of operation of the business;

d.

The dimensions of land owned or controlled by the applicant as premises for the electronic gaming operation;

e.

A description of any other business to be operated on the same premises or any adjoining premises owned or controlled by the applicant; and

f.

A statement of any prior revocations of a license of any interested party to operate an electronic gaming operation or similar business in any jurisdiction.

(13)

The applicant shall provide the serial number of each and every computer in the establishment. The code enforcement officer will issue a town decal including the serial number, town terminal number, and date of issuance, to be displayed visibly on the computer or gaming terminal at all times. The town terminal number will be assigned by the code enforcement officer at the time the application is submitted to development services. The serial numbers of computers or gaming terminals placed into service after the privilege license is granted (and the additional privilege license fees) shall be provided to the code enforcement officer prior to any use of the machine.

a.

Computers that are removed from the establishment shall be reported, with the serial number, to the code enforcement officer; any replacement computer shall be reported, with the serial numbers of the original and replacement machines, to the code enforcement officer. New computers or gaming terminals must be issued a town decal prior to operation.

b.

Alteration or modification of any town issued decal shall be considered a zoning violation and subject to civil penalties per section 66-5.

(14)

No interested party shall operate an electronic gaming operation unless the party shall have first applied for and received the privilege license provided for by chapter 18. It shall be unlawful to operate an electronic gaming operation within the town without a privilege license and zoning compliance permit as required by this section and chapter 18.

(15)

Electronic gaming operations that are operating at the time of the adoption of this section shall have applied for the privilege license provided for by chapter 18 by July 1, 2010. Any such establishment denied a license shall cease operations of machines within three days of notice of such denial by the code enforcement officer.

(16)

A change of any facts stated in an application filed under this chapter shall be reported immediately to the tax collector and code enforcement officer. Failure to report any change of the facts stated in the application shall be subject to civil penalties as outlined in section 66-5.

(17)

A zoning compliance certificate issued pursuant to this chapter shall become void if the licensee moves or ceases to operate at the location required to be stated in the application for the license.

Note 22. Civic operations center. Civic operations centers shall be permitted in accordance with the use tables in this section and subject to all of the following standards:

(1)

Principal building setbacks are as follows:

a.

Front setback: ten feet minimum, 18 feet maximum.

b.

Side setback: ten feet minimum, 18 feet maximum.

c.

Rear setback: 3 feet minimum.

(2)

Accessory structures may not exceed 25 percent of the heated square footage of the principal building and may be no taller than 40 feet.

(3)

The height of the principal building shall not exceed 45 feet.

(4)

Exterior light fixtures installed on the site shall not directly distribute light on to any adjacent property.

(5)

Civic operation centers may utilize on-street parking to comply with the number of spaces required by this chapter. All of the following conditions apply to on-street parking if utilized:

a.

The dimensions of the on-street parking spaces shall be ten feet width by 24 feet length;

b.

Only the on-street parking available along the property's corresponding frontage shall be utilized to meet the number of spaces required; and

c.

Any on-street parking spaces must be included on the preliminary site plans and are subject to review of the zoning administrator and the technical review committee.

(6)

Civic operations centers are not subject to the buffer requirements listed in section 66-254.

(7)

Standards regarding the site and building design that are not covered in this note shall refer to the additional sections of this chapter for regulations.

Note 23. Assisted living facilities. Assisted living facilities shall be subject to the same development regulations as multifamily projects as outlined in this chapter, except when they are part of an approved senior living community with continuing care.

Note 24. Monopole television tower.

(1)

Permitted. Monopole television towers (herein "tower" or "towers") shall be located on the same lot as the television broadcasting studio that owns or uses the tower.

(2)

Height limitations. Towers shall not exceed 150 feet in height. The height shall be measured from the base of the tower to the highest point of the tower and shall include any equipment that is attached to the tower.

(3)

Site plan. No tower may be constructed or permitted without a set of plans bearing a licensed professional engineer's seal having first been filed with the Town.

(4)

Setbacks. Any setback from principal structures or adjacent property lines shall equal 60 percent of the height of the tower; provided that this requirement may be waived by written consent of the affected property owner or occupant of any principal structure (if different from the property owner). The required setback may be reduced if a licensed professional engineer certifies that the tower fall- zone will not exceed the setback area should the tower fall. The form of the waiver shall be subject to review by the town attorney and a notice of waiver shall be filed with the register of deeds prior to the issuance of a building permit.

(5)

Spacing. No tower may be constructed closer than 1,500 feet to any other tower. This distance shall be measured by following a straight line from the centerline of the base of the proposed tower to the centerline of the base of the existing tower; however, if a provider can prove that no other space is available on an existing tower or surrounding structure or that an existing tower structure will not technically satisfy the specific needs of the applicant and provides an affidavit or other evidence to this effect, a variance from the board of adjustment can be requested only for a portion of the 1,500-foot spacing requirement contained in this note.

(6)

Vehicle protection area. Bollards shall be installed to protect against collision. Bollards shall be a minimum of four feet tall above grade level, spaced no more than four feet apart and shall be at least two feet from the base of the tower.

(7)

Roof-top towers. Such towers shall not be permitted.

(8)

Collocation. Any tower that exceeds 115 feet shall be constructed to permit the collocation of one additional user. Additional users are not required to be located on the same lot as the tower.

(9)

Additional user documentation. The applicant or property owner shall provide documentation from a licensed professional engineer that the tower has sufficient structural integrity to accommodate the required additional user as stated above. Additionally, a statement shall be submitted by the tower's owner regarding the intent of the owner to allow shared use of the tower.

(10)

Inability to co-locate on existing towers. Any applicant for construction of a new tower shall provide evidence to the town demonstrating that the applicant cannot co-locate its proposed facilities on any existing tower.

(11)

Lighting. Prior to the issuance of a building permit, the owner of the tower shall provide documentation from the FAA that the lighting is the minimum lighting required by the FAA or that no lighting is required by the FAA.

(12)

Signs. No sign shall be permitted on the tower or support structures unless required by the Federal Communication Commission (FCC) or the Federal Aviation Administration (FAA).

(13)

Reasonable accommodation of amateur radio antennas. Notwithstanding the forgoing rules, regulation of amateur radio antennas and support structures for amateur radio antennas shall be in accordance with G.S. 160D-906.

Note 25. Senior living communities with continuing care. Senior living communities with continuing care shall be subject to the same development regulations as multifamily projects as outlined in this chapter except as follows:

(1)

There shall be no maximum density for skilled nursing facilities within a senior living community with continuing care;

(2)

The maximum density for assisted living facilities within a senior living community with continuing care shall be 32 units per acre; and

(3)

The maximum density for independent living facilities within a senior living community with continuing care shall be 24 units per acre.

Note 26. Small and micro wireless facilities.

(1)

The small/micro wireless facility meets the definitions Section 66-4, Definitions; and

(2)

The proposed facility meets the height requirement of Table 1 below; and

Table 1: Small Wireless Facility Height Requirements

(3)

The proposed facility is located NC DOT or town-owned rights-of-way or outside of the PROW on property that is not zoned R-20 or R-15.

(4)

Unless otherwise required by the FCC, the Federal Aviation Administration (FAA), or the town, small wireless facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding areas, except when otherwise required by U.S. or N.C. regulations. Small wireless facilities shall be located, designed and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the neighborhood.

(5)

Unless proven unfeasible by clear and convincing evidence, in lieu of installing new poles, any wireless installation in the PROW shall replace a pre-existing distribution pole, secondary pole or streetlight. New poles shall be no closer than 100 feet from other poles of any kind, unless proven that failure to grant a permit for a discrete pole materially inhibits the provision of wireless services by an individual applicant.

(6)

Wireless installations shall be on poles that meet or exceed current NESC standards and wind and ice loading requirements of ANSI 222 Version G for essential services.

(7)

All small wireless facilities shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed.

(8)

Collocation. Small wireless facilities may be attached to existing structures, including poles, provided the height of the wireless support structure and antennae together increase the height of the existing structure by no more than ten feet. All new small wireless facilities shall be designed to accommodate the collocation of other antennas whenever feasible.

a.

Upon request of the applicant, the administrator may waive the requirement that new small wireless facility 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 wireless support structure with fewer antennas will promote community compatibility, or that collocation of other service providers is technically unfeasible.

(9)

Signage. Signs on any portion of a small wireless facility shall be prohibited unless required by the FCC, State of North Carolina or other government agency.

(10)

Landscaping. Outside of the PROW in all districts, the zoning administrator or designee shall have the authority to impose reasonable landscaping requirements surrounding the equipment compound or accessory equipment cabinet. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The zoning administrator or designee may choose to not require landscaping for sites that are not visible from the public rights-of-way or adjacent property or in instances where landscaping is not appropriate or necessary.

(11)

Equipment compounds are not permitted in the PROW.

(12)

Equipment compounds and/or 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 small wireless facility. Any equipment not used in direct support of such operation shall not be stored on the site. Ground mounted accessory equipment and small wireless facilities may be secured and enclosed with fence not less than six feet in height and must comply with the zoning ordinance. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited. The zoning administrator or designee may waive the fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location.

a.

An equipment building, shelter or cabinet must not exceed 560 square feet and 12 feet in height, including the support structure for the equipment.

b.

Equipment buildings must comply with local, state and federal flood zone restrictions.

c.

Exception to height restriction. Upon the applicant's request, the zoning administrator or designee may waive the height restriction to allow for the stacking of equipment on top of each other. The zoning administrator or designee must find that there is a practical necessity for the stacking of the equipment and that any resulting impact on adjoining properties is minimal or may be minimized by requiring appropriate screening. The zoning administrator or designee may waive the height restriction where a higher support structure is needed to raise the equipment above a slope or floodplain.

d.

If the equipment compound or accessory equipment cabinet(s) is adjacent to or visible from a residential zone, the building or shelter shall be faced with brick or other suitable material on all sides and that the compound area is surrounded by landscaping providing a screen of at least three feet in height at installation. The equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the zoning administrator or designee.

(13)

Lighting. No exterior lights are permitted unless (a) required by the FCC, or (b) the wireless support structure is designed and permitted as street light.

(14)

Site plan. No tower may be constructed or permitted without a set of plans bearing a licensed professional engineer's seal having first been filed with the town.

Note 27. All other wireless communication facilities, substantial modifications of wireless facilities and collocations.

(1)

Time limits.

a.

Time to determine if application is complete. Applications may be rejected if they are incomplete 30 days from the date of application. Applications deemed incomplete shall be returned to the applicant with a written explanation of the deficiencies and measures needed to remedy the deficiency. Applications not rejected in 30 are deemed to be complete.

b.

Time to review a collocation or substantial modification. The administrator shall issue a final decision on complete applications in no more than 90 days. If a final decision has not been reached in 90 days from the date of application, the application shall be deemed approved.

c.

Time to review a new wireless facility or wireless support structure. The administrator shall issue a final decision on complete applications in no more than 150 days. If a final decision has not been reached in 150 days from the date of application, the application shall be deemed approved.

(2)

Monopoles are required for all wireless support structures taller than 50 feet.

(3)

Height limitations. Wireless support structures shall not exceed 199 feet in height. The height shall be measured from the base of the structure to the highest point of the tower and shall include any equipment, including antennae and/or lightning rods that are attached to the tower.

(4)

Site plan. No wireless support structure may be constructed or permitted without a set of plans bearing a licensed professional engineer's seal having first been filed with the town.

(5)

Setbacks. Any setback from principal structures or adjacent property lines shall equal 60 percent of the height of the wireless support structure; provided that this requirement may be waived

a.

By written consent of the affected property owner of any principal structure; or

b.

If the application is for a collocation.

The required setback may be reduced if a licensed professional engineer certifies that the tower fall-zone will not exceed the setback area should the wireless support structure fall. The form of the waiver shall be subject to review by the town attorney and a notice of waiver shall be filed with the register of deeds prior to the issuance of a building permit.

(6)

Spacing. No wireless support structure may be constructed closer than 300 feet to any other wireless support structure. This distance shall be measured by following a straight line from the centerline of the base of the proposed wireless support structure to the centerline of the base of the existing wireless support structure; however, if an applicant or provider can prove that:

a.

No other space is available on an existing wireless support structure or surrounding structure;

b.

That an existing wireless support structure will not technically satisfy the specific needs of the applicant; or

c.

That failure to grant a permit for a discrete pole materially inhibits the provision of wireless services by an individual applicant or provider;

and provides an affidavit or other evidence to this effect, the town manager or his designee may provide relief from the spacing requirement.

(7)

Vehicle protection area. Bollards shall be installed to protect against collision. Bollards shall be a minimum of four feet tall above grade level, spaced no more than four feet apart, be located within the fences surrounding any equipment compound and shall be at least two feet from the base of the tower.

(8)

Roof-top wireless support structure. Such structures shall be permitted.

(9)

Collocation. Any tower that exceeds 50 feet shall be constructed to permit the collocation of one additional user. Antennas and other equipment shall blend into the supporting structure to the maximum extent practicable.

(10)

The applicant or property owner shall provide documentation from a licensed professional engineer that the wireless support structure has sufficient structural integrity to accommodate the required additional user as stated above. Additionally, a statement shall be submitted by the structure's owner regarding the intent of the owner to allow shared use of the wireless support structure.

(11)

Any applicant for construction of a new wireless support structure shall provide evidence to the town demonstrating that the applicant cannot co-locate its proposed facilities on any existing wireless support structure.

(12)

Lighting. Prior to the issuance of a building permit, the owner of the wireless support structure shall provide documentation from the FAA that the lighting is the minimum lighting required by the FAA or that no lighting is required by the FAA.

(13)

Signs. No sign shall be permitted on the tower or support structures unless required by the Federal Communication Commission (FCC) or the Federal Aviation Administration (FAA).

(14)

Equipment compounds and/or 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. Any equipment not used in direct support of such operation shall not be stored on the site. Ground mounted accessory equipment and wireless facilities may be secured and enclosed with fence not less than six feet in height and must comply with the zoning ordinance. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited. The zoning administrator or designee may waive the fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location.

a.

An equipment building, shelter or cabinet must not exceed 560 square feet and 12 feet in height, including the support structure for the equipment.

b.

Equipment buildings must comply with local, state and federal flood zone restrictions.

c.

Exception to height restriction. Upon the applicant's request, the zoning administrator or designee may waive the height restriction to allow for the stacking of equipment on top of each other. The zoning administrator must find that there is a practical necessity for the stacking of the equipment and that any resulting impact on adjoining properties is minimal or may be minimized by requiring appropriate screening. The zoning administrator may waive the height restriction where a higher support structure is needed to raise the equipment above a slope or floodplain.

d.

If the equipment compound or accessory equipment cabinet(s) is adjacent to or visible from a residential zone, the building or shelter shall be faced with brick or other suitable material on all sides and that the compound area is surrounded by landscaping providing a screen of at least three feet in height at installation. The equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the zoning administrator.

Note 28. Accessory apartments-attached. Accessory apartments-attached as defined in section 66-4 and permitted in section 66-162 shall be subject to the following:

(1)

The use of the primary structure is residential.

(2)

One additional off-street parking space shall be required.

(3)

Only one accessory apartment, whether attached or detached, shall be permitted per residential lot.

(4)

The gross floor area of the accessory apartment shall not exceed a maximum of 35 percent of the total floor area of the principal structure or 800 square feet, whichever is less.

(5)

Accessory apartments shall comply setback and height requirements listed in section 66-163.

(6)

Zoning approval is required.

Note 29. Model unit marketing centers. Model unit marketing centers may be permitted to utilize temporary parking facilities on adjacent lots, subject to the following requirements:

(1)

Parking facilities shall comply with all applicable ADA requirements as outlined in the most recent version of the North Carolina Building Code.

(2)

Parking facilities shall include an approved means of ingress and egress to and from an approved right of way or access easement.

(3)

Parking surfaces shall consist of concrete, asphalt, or gravel. Alternative materials may be permitted upon approval by the planning and inspections director or their designee.

(4)

All parking spaces shall be a minimum of 18 feet in length by nine feet in width.

(5)

Parking facilities shall be designed to ensure adequate maneuverability for vehicles entering and exiting parking stalls.

(6)

Temporary parking lots shall not be located on any lots approved as passive or active open space.

(7)

Temporary parking for model unit marketing centers shall be allowed on existing and completed active open space parking areas.

(8)

Model unit marketing centers are not required to meet residential minimum off-street parking requirements until conversion to residential use.

(9)

Temporary parking facilities are exempt from vertical curb requirements

(10)

Temporary parking facilities shall not cause the lot to exceed the maximum built-upon area (BUA) permitted by the applicable stormwater regulations.

(11)

All temporary parking facilities must be removed, and the lot restored to a condition compliant with applicable zoning district standards prior to the model unit marketing center's conversion to residential use.

(Code 2003, § 30-181; Ord. No. 02-21, § 1(19.61, 19.62), 6-20-2002; Ord. No. 02-28, § 1, 10-17-2002; Ord. No. 03-19, §§ 1—3, 9-25-2003; Ord. No. 03-30, § 3, 12-18-2003; Ord. No. 04-05, §§ 2—4, 1-15-2004; Ord. No. 05-20, §§ 3, 4, 7-21-2005; Ord. No. 05-23, § 1, 8-18-2005; Ord. No. 06-06, § 2, 4-20-2006; Ord. No. 06-15, §§ 1, 2, 5-18-2006; Ord. No. 06-27, §§ 1, 2, 9-21-2006; Ord. No. 06-27.1, § 2, 9-21-2006; Ord. No. 06-27.2, § 2, 10-19-2006; Ord. No. 07-14, § 1, 6-21-2007; Ord. No. 07-10, § 2, 8-16-2007; Ord. No. 08-03, § 1, 1-17-2008; Ord. No. 08-12, § 1, 5-15-2008; Ord. No. 09-09, §§ 2, 3, 3-19-2009; Ord. No. 09-15, § 1, 6-18-2009; Ord. No. 09-16, § 1, 10-15-2009; Ord. No. 10-10, §§ 1, 2, 4-15-2010; Ord. No. 11-04, § 1, 8-18-2011; Ord. No. 11-07, § 2, 8-19-2011; Ord. No. 11-11, §§ 1—3, 12-15-2011; Ord. No. 14-10, § 1, 3-20-2014; Ord. No. 14-17, § 1, 11-20-2014; Ord. No. 16-01, §§ 3—7, 1-21-2016; Ord. No. 16-09, §§ 2—4, 7-14-2016; Ord. No. 16-14, §§ 2, 3, 10-20-2016; Ord. No. 16-16, §§ 2, 3, 12-15-2016; Ord. No. O17-003, §§ 2, 3, 2-16-2017; Ord. No. O17-016, § 2—4, 11-30-2017; Ord. No. O17-017, § 1, 11-30-2017; Ord. No. O18-027, § 2(Exh. B), 12-20-2018; Ord. No. O19-027, § 1(Exh. A), 7-18-2019; Ord. No. O19-033, § 1(Exh. A), 8-15-2019; Ord. No. O19-036, § 1(Exh. A), 8-15-2019; Ord. No. O20-015, § 1(Exh. A), 3-19-2020; Ord. No. O20-017, § 1(Exh. B), 3-19-2020; Ord. No. O20-023, § 1(Exh. A), 6-18-2020; Ord. No. O20-029, § 1(Exh. A), 7-16-2020; Ord. No. O21-064, § 1(Exh. A), 2-17-2022; Ord. No. O23-027, § 1, 9-14-2023; Ord. No. O23-028, § 1(Exh. A), 9-14-2023; Ord. No. O23-032, § 1(Exh. A), 11-16-2023; Ord. No. O24-006, § 1(Exh. A), 3-21-2024; Ord. No. O24-007, § 1(Exh. A), 4-18-2024; Ord. No. O25-008, § 2(Exh. A), 7-17-2025)

The following table and notes set forth the area, yard and height requirements for the zoning districts:

Note 1. Variance for prior lots of record. Notwithstanding the other setback provisions of this chapter, a building or structure may be constructed and occupied by one family as a single-family residence on any lot recorded prior to the adoption of the ordinance from which this chapter is derived and meeting all of the requirements of the county sanitarian and maintaining a minimum side yard of 15 feet, a front yard of 30 feet and a rear yard of 30 feet.

Note 2. Corner lots and open storage.

(1)

Primary structures on corner lots. On a corner lot in a residential district area or commercial district area, a side yard setback consisting of a minimum distance of 20 feet shall be maintained between any building and the side street except in R-6 Residential District Medium Density, M-F Multifamily District and PUD Planned Unit Development District where 20 feet shall be reduced to 12 feet. Such requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of the ordinance from which this chapter is derived to less than 40 feet, where this requirement cannot reasonably be complied with as determined by the board of adjustment.

(2)

Open storage. In the C-1 and C-2 districts, there shall be no open storage as an accessory use. In the C-3 district, open storage as an accessory use shall be permitted, provided it is enclosed on all sides by a fence of not less than six feet in height. All display items essential to a retail establishment that are permitted in C-1 and C-2 districts are allowed in open storage. Junk, as defined in section 66-4, is not allowed in open storage. In the Innovation District, open storage as an accessory use shall be permitted provided that the storage area is screened to provide complete opacity using a Level 1 buffer as described in Figure 12B in section 66-254. Canopy and understory trees shall be species from the landscape species list in the Administrative Manual and shall be a minimum of six feet in height at time of planting.

Note 3.Height restrictions/modifications. In addition to the height limitations listed in the table of area, yard, and height requirements, any primary structure in a commercial district, M-F district with five or more housing units per building, or any approved commercial area or multifamily use in a PUD district may exceed the height allowances provided that yards setbacks are increased according to the requirements below.

(1)

All yard setbacks for the area, yard and height requirements in the table above shall be increased one foot for every foot above the maximum allowable height in the above table, up to 55 feet in commercial and M-F districts and 45 feet in PUD. Any calculation that results in a fractional figure shall be rounded up to the next whole number.

Note 4. Minimum lot size for the R-6 district.

(1)

Lots served by public water and sewer. Duplexes and triplexes are only allowed if property is served by public water and sewer.

a.

Minimum lot size for a single-family home shall be 6,000 square feet.

b.

Minimum lot size for a duplex shall be 9,000 square feet.

c.

Minimum lot size for a triplex shall be 12,000 square feet.

(2)

Lots not served by public water and sewer.

a.

Minimum lot size for a single-family home shall be 15,000 square feet.

Note 5. Additional requirements for churches in the R-6 district. Standards for churches in the R-6 district shall be as follows:

(1)

Minimum lot size: one acre;

(2)

Minimum lot width and front setback line: 200 feet.

Churches in the R-6 district that are permitted non-conforming uses due to the lot size may be expanded, provided there is a lot width at the front setback line of at least 120 feet and all required off-street parking is provided.

Note 6. Single-family dwellings, duplexes, triplexes, and townhouses may have a 15-foot minimum front setback. All other primary structures shall have a 25-foot minimum front setback.

Note 7. Additional lot size and setback requirements for the M-F district.

(1)

Single-family residential uses in the M-F district shall have a lot width of no less than 50 feet (40 feet on cul-de-sac).

(2)

The minimum lot sizes for single-family residential uses in the M-F district are as follows:

a.

Minimum lot size for single-family detached is 5,000 square feet.

b.

Minimum lot size for duplexes is 7,000 square feet.

c.

Minimum lot size for triplexes is 9,000 square feet.

d.

Minimum lot size for quadruplexes is 11,000 square feet.

(3)

The following setbacks shall apply to a single-family home constructed in a M-F district:

a.

Front setback: 20 feet;

b.

Side setback: five feet;

c.

Rear setback: ten feet.

Note 8. Major public utilities; water.

(1)

All major utilities-water as defined in section 66-4 are exempt from height restrictions and setbacks set forth in this section.

(2)

In no case shall a major public utility-water be located closer than 50 feet from any lot line, public right of way or easement.

Note 9. Additional setbacks for buildings in the Innovation District. Buildings in the Innovation District shall be set back from any residential zoning district or property with a residential use a distance of one foot for every foot of building height.

(Code 2003, § 30-182; Ord. No. 02-21, § 1(19.71), 6-20-2002; Ord. No. 03-05, § 2, 1-30-2003; Ord. No. 04-17, § 1, 5-20-2004; Ord. No. 04-30, § 1, 10-21-2004; Ord. No. 05-07, § 1, 2-17-2005; Ord. No. 05-32, § 1(exh. A), 10-20-2005; Ord. No. 09-09, § 5, 3-19-2009; Ord. No. 10-14, § 1, 11-18-2010; Ord. No. 14-16, § 1, 8-21-2014; Ord. No. 15-06, § 1, 5-21-2015; Ord. No. 15-14, § 1, 9-17-2015; Ord. No. O19-006, § 1(Exh. A), 2-21-2019; Ord. No. O19-033, § 1(Exh. A), 8-15-2019; Ord. No. O20-011, § 1(Exh. A), 2-20-2020; Ord. No. O20-022, § 1(Exh. A), 6-18-2020; Ord. No. O20-029, § 1(Exh. A), 7-16-2020; Ord. No. O20-035, § 1(Exh. A), 8-20-2020; Ord. No. O21-032, § 1(Exh. A), 8-26-2021; Ord. No. O22-001, § 1(Exh. A), 2-17-2022; Ord. No. O24-001, § 1(Exh. A), 2-15-2024; Ord. No. O24-004, § 1(Exh. A), 3-21-2024; Ord. No. O24-007, § 1(Exh. A), 4-18-2024)

(a)

Conditional zoning districts are zoning districts in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations and conditions imposed as part of the legislative decision creating the district and applying it to the particular property.

(b)

A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted land use plan and other long range plans. The review process established in this division provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. The conditional zoning district is intended for property that has immediate development plans. The following zoning district categories are conditional zoning districts: Parallel conditional zoning districts. A parallel conditional zoning district is a conditional zoning district in which the potential permitted use or uses are, except as limited by the conditions imposed on the district, of the same character or type as the use or uses permitted in a general district having a parallel designation or name.

(Code 2003, § 30-191; Ord. No. 07-09, § 1, 4-19-2007)

(a)

Property may be rezoned to a conditional zoning district only in response to and consistent with a petition submitted by the owners of all of the property to be included in the district. A petition for conditional zoning must include a site plan, drawn to scale, and supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property. The following information must be provided, if applicable:

(1)

A boundary survey and vicinity map showing the property's total acreage, its zoning classification, the general location in relation to adjacent properties, major streets, railroads, and/or waterways, the date, and north arrow;

(2)

All existing easements, reservations and rights-of-way;

(3)

Approximate location on the site of existing and proposed buildings, structures and other improvements;

(4)

Approximate dimensions, including the height of proposed buildings, structures and other improvements;

(5)

Proposed use of all land and structures, including the number and square footage of all units, residential and nonresidential;

(6)

All yards, buffers, screening and landscaping required by these regulations or proposed by the petitioner;

(7)

All existing and proposed points of access to public streets;

(8)

Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary map for the town;

(9)

Proposed phasing, if any;

(10)

The location of existing and proposed storm drainage patterns and facilities intended to serve the proposed development;

(11)

Approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, pedestrian walkways and open space;

(12)

Generalized traffic, parking, and circulation plans. This shall include existing and planned bicycle and pedestrian facilities as well as vehicular facilities;

(13)

Proposed screening, buffers and landscaping over and above that required by these regulations, as well as proposed treatment of any existing natural features;

(14)

Existing and general proposed topography, if available, at four-foot contour intervals or less;

(15)

The location of significant trees on the subject property;

(16)

Scale of buildings relative to abutting property;

(17)

Building elevations and exterior features of proposed development;

(18)

Proposed number and location of signs;

(19)

An evaluation of traffic impacts prepared in accordance with the scope of work established by the Wilmington Metropolitan Planning Organization and NCDOT. The evaluation shall be signed by a licensed traffic engineer and based on proposed density and intensity for the acreage;

(20)

Inventory of the existing environmental, cultural, historical and natural site attributes;

(21)

A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal; and

(22)

Any other information needed to demonstrate compliance with these regulations.

(b)

The site plan and any supporting text shall constitute part of the petition for all purposes under this division. The planning director or his designee may require the petitioner to submit as many copies of the petition and site plan as needed to circulate to other government agencies for review and comment.

(Code 2003, § 30-192; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. 12-14, § 1, 11-15-2012; Ord. No. 13-10, § 1, 5-16-2013)

Before a public hearing may be held on a petition for a conditional zoning district, the petitioner must file in the office of the town clerk a written report of at least two community meetings held by the petitioner. The community meetings shall be held prior to the planning board's consideration of the petition. Notice of such a meeting shall be given to property owners and tenants adjacent to the proposed project and within 500 feet of the area to be considered. At least one community meeting shall be after 6:00 p.m. Notice of both meetings shall be given two weeks in advance. The report shall include, among other things, a listing of those persons and organizations contacted about the meeting and the manner and date of contact, the date, time and location of the meeting, a roster of the persons in attendance at the meeting, a summary of issues discussed at the meeting, and a description of any changes to the rezoning petition made by the petitioner as a result of the meeting. In the event the petitioner has not held at least one meeting pursuant to this section, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the town council in the rezoning request, but shall not be subject to judicial review.

(Code 2003, § 30-193; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. 12-14, § 2, 11-15-2012)

(a)

Conditional zoning district decisions are a legislative process subject to judicial review using the same procedures and standard of review as apply to general use district zoning decisions. In considering any petition for a conditional zoning district, the council shall act in accordance with section 66-32, changes and amendments. Conditional zoning district decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, comprehensive plans, strategic plans, district plans, area plans, neighborhood plans, corridor plans and other land use policy documents.

(b)

The town council may not vote to rezone property to a conditional zoning district during the time period beginning on the date of a municipal general election and concluding on the date immediately following the date on which the town council holds its organizational meeting following a municipal general election unless no person spoke against the rezoning at the public hearing.

(Code 2003, § 30-194; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. O20-023, § 1(Exh. A), 6-18-2020)

In approving a petition for the reclassification of property to a conditional zoning district, the planning board may recommend, and the town council request, that reasonable and appropriate conditions be attached to approval of the petition. Any such conditions should relate to the relationship of the proposed use to surrounding property, size, scale, location and design of structures, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the town council may find appropriate or the petitioner may propose. Such conditions to approval of the petition may include, but are not limited to, dedication to the town, county, state, or public utility as appropriate, of any land, rights-of-way or easements for streets, water, sewer, drainage, recreational uses or other public utilities necessary to serve the proposed development. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the town council. The petitioner and property owner shall provide written consent to the conditions approved by the town council within 30 days of the council's decision to approve. If for any reason any condition for approval is found to be illegal or invalid or if the applicant should fail to accept any condition following approval, the approval of the site plan for the district shall be null and void and of no effect. Proceedings shall be instituted to rezone the property to its previous zoning classification.

(Code 2003, § 30-195; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. O20-023, § 1(Exh. A), 6-18-2020; Ord. No. O21-032, § 1(Exh. A), 8-26-2021)

(a)

If a petition for conditional zoning is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, the approved site plan for the district, and any additional approved rules, regulations, and conditions, including those in chapter 50, subdivisions, if applicable, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the zoning maps.

(b)

If a petition is approved, only those uses and structures indicated in the approved petition and site plan or land use area indicated on the master plan shall be allowed on the subject property. Alterations to an approved plan are authorized pursuant to section 66-201.

(c)

Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning maps by the appropriate district designation. A parallel conditional zoning shall be identified by the same designation as the underlying general district followed by the letters "CZ" (for example "C-1(CZ)").

(d)

No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and site plan for the district.

(e)

Any violation of the approved site plan or any rules, regulations and conditions for the district shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any such violation.

(Code 2003, § 30-196; Ord. No. 07-09, § 1, 4-19-2007)

(a)

Major changes to approved plans and conditions of development may be authorized only by the town council after review and recommendation by the planning board in the same manner as outlined in this division for original submission. Major changes include, but are not limited to:

(1)

Change in use;

(2)

Increase in intensity of the development; such as, increase in density of units, whether residential, office, commercial or industrial;

(3)

An increase in overall ground coverage by structures;

(4)

A change in any site dimension by more than ten percent;

(5)

A reduction in approved open space or screening;

(6)

A change in access;

(7)

A variation from an imposed condition.

(b)

Minor changes, which are not deemed as major changes by the planning director, may, at his discretion, be authorized by the planning director if required by engineering or other physical circumstances not foreseen at the time of approval.

(c)

The planning director shall have the delegated authority to approve an administrative amendment to an approved site plan. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan and that the change does not have a significant impact upon abutting properties. An administrative amendment shall not be subject to a protest petition pursuant to section 66-32. Any decision must be in writing stating the grounds for approval or denial.

(d)

If the planning director declines to exercise the authority to approve an administrative amendment to an approved site plan, then the applicant can only file a rezoning petition for a public hearing and council decision.

(e)

Any request for an administrative amendment shall be pursuant to a written letter, signed by the property owner, detailing the requested change. Upon request, the applicant must provide any additional information that is requested. Upon an approval of an administrative amendment, the applicant must file a sufficient number of copies of a revised site plan as deemed necessary by the planning director.

(Code 2003, § 30-197; Ord. No. 07-09, § 1, 4-19-2007)

It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. Therefore, no sooner than three years after the date of approval of the petition, the planning board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the planning board determines that progress has not been made in accordance with the approved petition and conditions, the planning board shall forward to the town council a report which may recommend that the property be rezoned to its previous zoning classification or to another district.

(Code 2003, § 30-198; Ord. No. 07-09, § 1, 4-19-2007)