(a)

General requirements.

(1)

All class A, B and C manufactured homes must be skirted so that no area beneath the home is visible from any direction (see the definitions of the terms "manufactured home, Class A," "manufactured home, Class B" and "manufactured home, Class C" in section 66-4).

(2)

All mobile and manufactured homes must have a skirt as described in the definitions of the terms "manufactured home, Class A," "manufactured home, Class B" and "manufactured home, Class C" in section 66-4. The skirt must be placed around the bottom of the mobile or manufactured home within 90 days of receiving the occupancy permit.

(3)

Manufactured homes may be occupied as a temporary office of a supervisor on the premises of a construction job in any zoning district and may be used as a temporary residence or office of a guard or a night watchman during construction on any property, as long as the use is limited to such purposes and it conforms to county sanitation requirements, and the manufactured home is removed within 30 days after it ceases to be so used.

(4)

All units must meet the blocking and tiedown requirements of the state building code.

(b)

Reserved.

(Code 2003, § 30-311; Ord. No. 02-21, § 1(19.131), 6-20-2002; altered in 2018 recodification; Ord. No. O20-023, § 1(Exh. A), 6-18-2020)

State Law reference— Zoning regulations for manufactured homes, G.S. 160D-910.

(a)

Mobile homes.

(1)

The off-street parking or storage of any mobile home shall be prohibited in any district, except an area established for sales, servicing, maintenance and/or manufacturing of mobile or manufactured homes.

(2)

No mobile home, trailer, house trailer or camper, as defined in section 66-4, shall be parked within the corporate limits of the town or its extraterritorial jurisdiction and used for any purpose unless otherwise specified in the permitted uses in this chapter and complies with all requirements and guidelines within such zoning district.

(b)

Commercial trailers. A commercial trailer or semitrailer over 16 feet maximum in length shall not be parked or stored in any residential or O&I district, except in an enclosed building. Such regulation shall not be interpreted to prohibit the loading and unloading of commercial trailers in any such district.

(c)

Commercial vehicles. One commercial vehicle with a manufacturer's rating of not more than one 10,000 pounds gross vehicle weight may be parked on any lot containing a principal building, provided that such vehicle is parked off the street and is used by a resident of the premises. In all other cases, the parking of a commercial self-propelled vehicle in any residential district is prohibited. Such regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading in any residential district.

(d)

Recreational vehicles and motor homes. Parking or storage of recreational vehicles as defined in G.S. 20-4.01(32b)a—e and motor homes as defined in G.S. 20-4.01(27)k may be permitted in accordance with the following conditions:

(1)

Such equipment shall be parked or stored behind the portion of the principal building closest to the street unless it is stored in a garage, carport or accessory building; provided, however, that parking shall be permitted any place on the premises or on adjacent streets, if otherwise lawful, not to exceed 24 hours during loading and unloading.

(2)

No such equipment may be parked or stored in any side yard not adjacent to a street if such equipment exceeds six feet in height above the ground; provided, however, that masts, antennas, vent stacks, windshields or other minor accessories may exceed such height limit.

(3)

Equipment exceeding the limitations set forth in subsection (d)(2) of this section may be parked or stored outdoors only in the rear yard. Any equipment so stored shall be subject to the requirements set forth in section 66-229 for accessory buildings.

(4)

No such equipment parked or stored on a residential lot shall be in such location for living, sleeping, housekeeping or business purposes.

Notwithstanding the foregoing, travel trailers, as defined in subsection 66-4(3) properly permitted for temporary use pursuant to subsection 66-228(b) are exempted from this section.

(Code 2003, § 30-312; Ord. No. 02-21, § 1(19.132), 6-20-2002; Ord. No. O18-030, § 3, 11-15-2018)

(a)

Minimum size. A planned unit development (PUD) shall be located on a site containing at least ten contiguous acres.

(b)

Phases of development. The planned unit development may be developed in phases or sections as long as the phases are shown on the master land use plan and assurance is provided of continuity of development and completion of the planned unit development.

(c)

Design standards. Planned unit developments are exempt from the town's subdivision regulations unless specifically referenced in this section, and shall comply with the following standards:

(1)

Maximum ground coverage. Maximum ground coverage by all structures shall not exceed 40 percent of the gross site area. The term "gross site area" means the total land area as shown on the master land use plan (referred to in this section as the "LUP"). If the scope of the project is of a magnitude that it requires that the PUD be completed in phases, then the maximum ground coverage standard shall not apply to the individual phases, but only to the total land area as shown on the LUP.

(2)

Reserved.

(3)

Reserved.

(4)

Streets/internal trafficways.

a.

A basic characteristic of a PUD is that the internal circulation paths or streets do not follow fixed linear geometric lines as do most streets, but instead are curvilinear and of a meandering character for protection of tree and landscape specimens by going around them and for deliberate slower paced traffic movements, making generous use of such features as private restrictions for extremely low speed limits.

b.

Creative design of trafficways is encouraged. Planned unit developments must adhere to the subdivision design standards for drainage and paving as set forth in chapter 50 of this Code. Street widths and rights-of-way must adhere to the design standards set forth in chapter 50 of this Code.

(5)

Recreation/open space.

a.

In any PUD district, a minimum of five percent of the total land area shall be reserved as open space. Any area or segment of land less than eight feet in width may not be included in calculating the minimum open space reservation unless such land is clearly a part of an open space system, such as a pedestrian walkway. No parcels containing less than one-half acre shall be accepted. All land so ensured shall have at least 20 feet of access upon a public street or walkway; and the size, shape, topography and sub-soils of the dedicated land shall be such as to be usable for active recreation.

b.

A minimum of 25 percent of the required open space shall be developed for active recreational purposes, such as tennis courts, ballfields, or playgrounds. Special considerations shall be given for golf courses. Ten percent of the golf course area may be computed as active recreational area and count towards the fulfillment of the active recreational area requirements. In order for a golf course to qualify as an active recreational area, it must be open to the general public. User fees may be charged, but golf courses with exclusive memberships (those that require initiation fees, dues and/or member sponsorship) will not be computed as an active recreational area. Such recreation area shall be conveniently and centrally located to the housing units. Building areas for recreational facilities may be computed as open space.

c.

Provisions for continuous maintenance of open space, specifically including that developed for active recreational purposes, shall be made by the developer either through proposed dedication to the town, if acceptable, or through the establishment of a private homeowners' association.

d.

Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but are not limited to, the following as determined by the planning board:

1.

Unity. The dedicated land shall consist of parcels of at least 0.25 acres.

2.

Location. The ensured land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.

3.

Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width.

4.

Usability. The ensured land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may be included in computing the amount of land to be dedicated if they are not part of the PUD's stormwater management system.

5.

Adjustments authorized. In cases of unusual or exceptional nature, the planning board may recommend, and the town council may allow adjustments in the recreation, parks, and open space requirements established in or required by this section.

6.

Easements. Conservation and historic preservation easements shall comply with G.S. 121-34 et seq. All facilities and improvements and open spaces which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.

(6)

Transitional use area.

a.

In order to ensure compatibility with adjoining land uses and districts, a transitional use area, 50 feet in depth, shall be required in areas where residential uses abut commercial or industrial uses.

1.

Where the exterior property lines of a PUD district are adjacent to residential uses, only residential uses may be permitted within the transitional use area.

2.

Where residential uses abut commercial uses, the transitional use area shall be a buffer zone and meet the standards for buffer zones as defined by this chapter.

b.

A transitional use area shall not be required when the abutting uses are both commercial in nature or commercial abutting industrial zoned properties.

(7)

Signs. Signs shall be governed by chapter 66 of this Code.

(8)

Reserved.

(9)

Utilities.

a.

Water and sewer systems meeting state and local requirements are to be provided.

b.

Provision of service to each housing unit, or nonresidential unit or structure by public utilities for electric and telephone shall be exhibited on the site-specific plan and certified by the provider. Adequate easements for ingress and egress for maintenance of the utilities shall be provided. All utilities shall be underground.

c.

Package treatment systems. Where a municipal wastewater treatment system is not available according to town policies, package wastewater treatment plants, approved by the state department of environment and natural resources, may be considered for approval under the following conditions:

1.

The proposed plant is located within a planned unit development (PUD) greater than 1,000 acres in size.

2.

The owner/operator can demonstrate to the satisfaction of the town that the plant is designed and operated in a manner that results in no degradation of surface water or groundwater quality.

3.

The collection system meets the material and installation standards of the town.

4.

The system shall be operated and maintained according to town policy.

5.

The system may be inspected at any time deemed necessary by the town.

(10)

Off-street parking. In residential areas, off-street parking shall be provided at a ratio of two spaces per dwelling unit, except multifamily which shall be provided per section 66-276. Commercial areas shall adhere to the off-street parking requirements set forth in article VIII of this chapter except civic operations centers, as defined in section 66-4, are subject to the provisions listed in section 66-162, note 22.

(11)

Density limitation.

a.

Average development density shall be chosen prior to application for rezoning and shall be designated on a LUP for the project. The maximum density shall not exceed six dwelling units per acre. In computing the dwelling units per acre, the total land area shall be used, minus any areas that are to be designated as commercial, recreational, or open space uses.

b.

Ecologically sensitive lands, such as marsh, Carolina bays, pocosins and swamps, when in the ownership of the owner/applicant, are to be preserved, whenever possible, for the public interest. For such lands, full density credit is to be applied as long as such areas are left undisturbed. If the lands are developed, then only half of the density credit will be given.

(12)

Commercial use. Commercial use within a planned unit development is permitted as long as the PUD contains at least 20 acres. The developer may designate an area not greater than five percent of the total acreage for commercial use. Commercial use must be designed and located to serve primarily the planned unit development. Commercial uses shall not access directly on a street outside the planned unit development without approval from the technical review committee (TRC), and other applicable local, state, and federal agencies.

(d)

Procedural requirements for establishment of PUD districts and projects.

(1)

Master land use plan (LUP).

a.

Purpose. The LUP is intended to be the primary supporting proof, and shall demonstrate, when considered in its entirety or by its separate components, if the proposed PUD district is established and developed, that the purposes of this chapter and this section are met.

b.

Criteria for review by the planning board and town council. In reviewing the LUP and making recommendations thereon, the planning board and town council shall consider and be guided by the following criteria:

1.

The compatibility of the proposed project with the surrounding districts and land uses;

2.

The effectiveness of the proposed project in providing more economical and efficient use of land;

3.

The effect of the proposed project on the ability of the town to provide public facilities or services;

4.

The effectiveness of the proposed project in providing and preserving open space, the scenic quality of the site and recreational opportunities; and

5.

The degree to which the project will provide a more desirable development and living environment than would be possible under conventional district requirements.

c.

Application submittal.

1.

A preapplication conference between the applicant and the planning staff shall occur prior to any presentation to the planning board. Any effort to secure the conference is the sole responsibility of the owner/applicant. The primary purpose of the conference is to provide assistance and guidance to the applicant for the swift and most comprehensive review of the proposed planned unit development. To ensure an equal understanding, the conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all planned unit developments.

2.

Once the preapplication conference is complete, the applicant will prepare a LUP of the entire planned unit development.

d.

Contents. In addition to the information required in the application for rezoning, the LUP shall include the following:

1.

A map, drawn to a scale of not less than one inch equals 100 feet, showing the approximate location, size and arrangement of existing and proposed:

(i)

Open space areas, and active and passive recreational areas;

(ii)

Buffer zones and transitional use areas;

(iii)

Neighboring land uses and zoning districts;

(iv)

Systems and easements for water, sewer and drainage;

(v)

Streets, sidewalks and parking lots;

(vi)

Vehicular, bicycle, and pedestrian circulation systems;

(vii)

Roads, easements and land uses;

(viii)

Existing vegetation, approximate wetlands, buffers, streams, and special flood hazard area;

(ix)

Nonresidential land uses;

(x)

Residential land uses and proposed number of units;

(xi)

Commercial areas.

2.

Any covenants creating a homeowners' association. The covenants shall be filed with the town clerk's office. The town will not be responsible for any enforcement, regulation, review or endorsement of covenants that create a homeowners' association or any of the subsequent regulations created by the homeowners' association.

e.

Approval and rezoning application. A PUD district may be established only after amendment to the official zoning map under the same procedural requirements and standards of review as any other rezoning application; provided, however, that the following additional standards and procedures shall apply to PUD district applications:

1.

A digital copy of the proposed LUP, as described in subsection (e)(1)d. of this section, shall be submitted to the planning staff with the rezoning application;

2.

The planning board, after review of the LUP and application, shall submit its recommendation to the town council;

3.

The town council shall, after consideration of the application, the LUP, the recommendations of the planning board and the criteria set out in this section, either approve or disapprove the plan and application.

f.

Amendments to LUP. Any and all amendments to an approved LUP for the planned unit development shall be subject to the following review procedures:

1.

Approval by the planning staff is required for the following:

A.

Changes which result in a decrease in assigned density for a specific parcel, either residential or nonresidential.

B.

Change in land use designation from multifamily to single-family or a change from any other use to open space/passive recreation.

C.

Changes in vehicular access or circulation, if reviewed and approved by the TRC.

2.

Review by the planning board and approval by town council is required for the following:

A.

A change in the boundaries of the site approved by the town council;

B.

Changes in land use designation (except as allowed per subsection (e)(1)b. above) or an increase in total project density for the LUP;

C.

Changes that result in reducing the total open areas approved by the town council.

(2)

Site specific plan (SSP).

a.

Purpose. If the planned unit development is of a size that it must be completed in phases, it is the responsibility of the applicant or owner to obtain approval of an SSP for each phase, prior to development of the phase. A SSP is intended to ensure that a proposed PUD development is actually constructed and developed in accordance with the approved LUP.

b.

General requirements. SSP shall indicate the following:

1.

The boundary of the property by courses and distances, area and present zoning of the tract.

2.

The names of abutting recorded subdivisions, and owners and present uses of all abutting properties.

3.

Widths and names of abutting streets and alleys.

4.

All tracts of land (lots) and an average lot, indicating the average lot size, building position and driveway connection. All streets, alleys, public easements and private easements shall be shown. Parcel dimensions, both linear and angular, for locating boundaries of the tract are not necessary at this stage because they will be required to be shown on the final plat that is to be recorded at the county register of deeds.

5.

Date, north arrow, scale and number of sheets.

6.

Name and address of the owner of the tract and the name of the applicant.

7.

All building restriction lines, highway setback lines, easements, covenants, reservations and rights-of-way.

8.

Existing topography, with a maximum of two-foot contour intervals.

9.

Soil types and geology of the site.

10.

Name, address, signature and registration number of the professional preparing the plan.

c.

Existing improvements and features. The following existing improvements and features shall be shown on SSP:

1.

Sidewalks, streets, alleys and easements.

2.

Buildings and structures.

3.

Driveways, entrances, exits, parking areas and loading spaces.

4.

Sanitary sewer systems.

5.

Water mains and fire hydrants.

6.

Gas, power, telecable and telephone lines.

7.

Recreation areas.

8.

Storm drainage systems, including natural and artificial watercourses.

9.

Limits of floodplains.

d.

Proposed improvements and features. The following proposed improvements and features shall be shown on the SSP:

1.

Proposed buildings and structures.

2.

Number of dwelling units.

3.

Driveways, entrances, exits, parking areas and loading spaces, including the total number of parking and loading spaces at all commercial buildings.

4.

Sanitary sewer systems.

5.

Water mains and fire hydrants.

6.

Gas, power, telecable and telephone lines.

7.

Stormwater management features.

8.

Easements and rights-of-way.

9.

Streets and alleys.

10.

Sidewalks, multi-use paths, bike lanes, and any other bicycle and pedestrian facilities.

11.

Required buffers and landscaping.

12.

Driveways, entrances, exits, parking areas and loading spaces, including the total number of parking and loading spaces at all commercial buildings.

13.

Recreation and open space areas.

(3)

Approval of SSP and issuance of building permits.

a.

No construction, excavation or clearing shall be commenced or any building permit issued within any PUD district which does not conform to an approved SSP.

b.

An SSP shall be reviewed following the same processes for major subdivisions in section 50-10.

c.

Before SSP approval is issued, a property owners' association and/or declaration of condominium, guaranteeing adequate maintenance and continued operation of all ensured open space and other private service facilities, shall be filed with the town clerk's office.

d.

An approval of a SSP shall be deemed an update to the LUP. An updated LUP reflecting the approved SSP shall be submitted within 30 days of approval of the SSP.

(e)

Planned unit developments approved prior to September, 2015. Notwithstanding anything to the contrary in subsection (e)(3) of this section, the following shall apply to planned unit developments approved prior to September, 2015, in accordance with section 66-313:

(1)

Existing PUD districts with master land use plans approved prior to September, 2015 in accordance with section 66-313 shall provide roadway interconnections between the development site and adjacent properties as shown on the most recently adopted PUD master land use plan or applicable site-specific plan. In approving any amendment to, placing any condition on or making any modification to the PUD master land use plan or any site-specific plan for such a PUD district, the town council may reduce but shall not have the authority to increase the number or vary the location of such roadway interconnections shown on the most recently adopted master land use plan or applicable site-specific plan and shall consider the following criteria in making any amendment:

a.

Connections identified on the adopted collector street plan map;

b.

Connections identified on the town's adopted street infill map;

c.

Potential impacts on surrounding properties and existing neighborhoods;

d.

Jurisdiction of adjacent properties; and

e.

Environmental conditions.

(2)

Provided that nothing contained herein shall prevent the town council from approving new additional roadway interconnections to adjacent properties or relocating existing roadway interconnections to adjacent properties if requested to do so by the PUD district developer or owner.

(Code 2003, § 30-313; Ord. No. 02-21, § 1(19.134), 6-20-2002; Ord. No. 03-04, § 1, 1-16-2003; Ord. No. 06-17, §§ 1, 2, 6-15-2006; Ord. No. 07-10, § 1, 8-16-2007; Ord. No. 10-14, § 2, 11-18-2010; Ord. No. 11-07, § 3, 8-19-2011; Ord. No. 15-14, § 2, 9-17-2015; Ord. No. 16-10, § 1, 7-14-2016; Ord. No. O18-015, § 1, 6-21-2018; Ord. No. O18-033, § 1(Exh. A), 12-20-2018; Ord. No. O19-029, § 1(Exh. A), 7-18-2019; Ord. No. O19-038, § 2(Exh. B), 9-19-2019; Ord. No. O20-001, § 2(Exh. B), 1-16-2020; Ord. No. O20-011, § 1(Exh. A), 2-20-2020; Ord. No. O20-017, § 1(Exh. B), 3-19-2020; Ord. No. O22-063, § 1(Exh. B), 8-18-2022)

(a)

Performance multifamily developments are not subject to the minimum lot size, minimum lot width, or the front, rear, and side setback requirements specified in section 66-163. Performance multifamily developments shall comply with the standards in this section and with all other applicable standards in this chapter. I

(b)

Wetland and floodplain avoidance.

(1)

Buildings, parking lots, roads, driveways, and other impervious surfaces shall not be located in jurisdictional wetlands.

(2)

Buildings, parking lots, roads, driveways, and other impervious surfaces shall not be located in the 100-year or 500-year floodplain.

(c)

Tree preservation and protection.

(1)

A tree survey shall be required in conjunction with the development site plan. The tree survey shall indicate the diameter at breast height (DBH), species, and location of significant trees, as defined in section 66-4, on site prior to any land disturbance.

(2)

Either prior to development activities or anytime thereafter for a performance multifamily development, significant trees as defined in section 66-4 may only be removed upon a determination by the planning and inspections director or their designee that any of the following conditions exist:

a.

That essential site improvements cannot be accommodated on the site without the removal of significant trees;

b.

The significant tree is dead, severely diseased, injured, or in danger of falling close to existing or proposed structures;

c.

The significant tree is causing disruption of existing utility service or causing passage problems upon the right-of-way;

d.

The significant tree is posing an identifiable threat to pedestrian or vehicular safety;

e.

The significant tree violates state and local safety standards;

f.

Removal of the significant tree is necessary to enhance or benefit the health or condition of adjacent trees or property.

(3)

The removal of any significant tree as defined in section 66-4 must be mitigated in accordance with the following standards unless the tree is determined to have died or is significantly damaged as a result of a natural disaster, then no mitigation will be required unless the tree is needed to meet the minimum number required on the site.

a.

The total caliper inches of all significant trees proposed for removal shall be totaled and doubled. The resultant number of caliper inches must be planted back on the site with 2-3" caliper trees as a minimum.

b.

Trees planted on site to mitigate for the removal of any significant trees shall be species from the landscape species list in the administrative manual.

(4)

Protection of significant trees during development.

a.

Physical protection required for tree protection areas. Fences or other equally protective barriers as determined by the planning and inspections director or their designee shall be used to protect significant trees by limiting access to the protected area and prevent the compaction of soil and the destruction or damage of the trees. Prior to any development activity, the installation of the protective barrier is required around significant trees. The protective barriers shall not be relocated or moved temporarily without the written approval of the planning and inspections director or their designee, and shall remain in place until all development activity is completed and approved. Tree protection procedures must follow the specifications written in accordance with standards in the current ANSI A300 Standards for Tree Care Operations, ANSI Z133 Safety Standards, industry best management practices and administrative standards developed by the town.

b.

Restrictions within the protected areas. The following activities are prohibited within the fenced significant tree protection area: parking of vehicles or equipment; storage of building materials, refuse, or excavated soil; use of tree trunks as a backstop, winch support, anchorage, power pole, sign post, or other similar function.

(d)

Buffering and screening.

(1)

A landscaped buffer shall be installed around the periphery of the development and meet all of the following requirements:

a.

The buffer shall have a minimum width of 12 feet.

b.

The buffer shall contain three canopy trees, three understory trees, and 20 shrubs, per 100 linear feet. Canopy and understory tree species shall be from the landscape species list in the administrative manual.

c.

Any planting which is proposed to be placed in a general drainage easement, utility easement, or in a street right-of-way must be approved by the public services director or their designee.

d.

All trees shall be placed in the most feasible manner so as not to interfere with roadways, sidewalks or streetlights and shall not be planted closer than eight feet to a fire hydrant.

(e)

Building separation. Building separation shall be a minimum of ten feet between structures.

(f)

Density.

(1)

Density shall be calculated per subsection 66-136(c).

(2)

Accessory apartments-detached and accessory apartments-attached shall be included in the density calculation.

(g)

Building height.

(1)

The maximum building height shall be 55 feet.

(2)

Buildings over 40 feet tall shall meet the following setback requirements:

(h)

Recreation areas.

(1)

Performance multifamily developments shall include land, as set forth herein, for active and passive recreation areas to serve the residents of the immediate neighborhood.

a.

Amount required.

1.

Performance multifamily developments shall provide recreation areas in the total amount ten percent of the gross acreage of the development.

(i)

Fifty percent of the required recreation area shall be designated for passive recreation and 50 percent of the required recreation area shall be designated for active recreation.

(ii)

Open space required by section 50-149 may be used to meet the required amount of recreation area specified herein. In order to be counted towards the required amount of recreation area, such open space shall meet all requirements specified in subsection 66-314(h).

b.

Design standards.

1.

Stormwater facilities. Stormwater facilities shall not be accepted to fulfill the requirements set forth by this section.

2.

Unity. To the maximum extent practicable, required recreation areas shall be connected as to form contiguous areas of land, whether the project is developed in phases or sections.

3.

Usability.

(i)

Narrow strips of land that separate lots or buildings within a development, from streets, or from adjoining tracts shall not be regarded as a recreation area unless such areas (1) have a minimum dimension, length and width, of 20 feet, and (2) meet the requirements for active recreation areas or contain a multi-use path of not less than ten feet wide.

(ii)

Pedestrian facilities less than ten feet wide shall not be counted towards the amount of required recreation areas.

(iii)

Pedestrian corridors and travelways, as required by section 66-277, shall not be counted towards the amount of required recreation areas.

4.

Access. Access to required recreation areas sha be provided by an access easement or frontage along a dedicated right-of-way and shall be ADA compliant.

5.

Control and maintenance. Required recreation areas shall be controlled and permanently maintained by the owner of the property or by a homeowners or property owners association.

6.

Passive recreation. Buffering and screening as required by subsection 66-314(d) shall not be counted towards the required passive recreation area.

7.

Active recreation. Active recreation areas must be located outside of wetland areas under the jurisdiction of federal and state agencies.

(i)

Parking.

(1)

Parking and associated facilities shall comply with chapter 66, article VIII.

(2)

Parking facilities are not permitted within the buffer area required by subsection 66-314(d).

(j)

Streets.

(1)

Public and private streets will be permitted in performance multifamily developments, provided they are designed and constructed according to the North Carolina Department of Transportation's Traditional Neighborhood Development Manual or the criteria for Local Residential Subdivision Roads in the North Carolina Department of Transportation's Subdivision Roads Manual.

(2)

Street lighting shall be provided within the development per the standards prescribed in section 50-148.

(k)

Connectivity.

(1)

Number and type of connection required.

a.

A minimum of one connection to the existing public network if the development includes 90 units or less or, a minimum of two connections to the existing public network if the development includes more than 90 units; and

b.

A minimum of one connection in each direction (north, south, east, and west).

1.

Connections to developed properties shall be made when an existing stub-out abuts the proposed development.

2.

A stub-out to adjacent properties shall be provided if the adjacent properties are undeveloped. The stub-out shall be installed so that once the connection is complete there shall be no disturbance to wetlands.

3.

The connection or stub-out required by this subsection shall not be required when the entire width of the adjacent property contains jurisdictional wetlands.

(2)

In order to promote projects that have high levels of internal connectivity and are well connected to the community at large, gates or other obstructions may not be utilized on roads, driveways, or internal circulation travelways entering, exiting, or within the development.

(l)

Internal circulation travelways. Internal circulation travelways shall be designed and constructed according to the North Carolina Department of Transportation's Traditional Neighborhood Development Manual or the criteria for Local Residential Subdivision Roads in the North Carolina Department of Transportation's Subdivision Roads Manual.

(m)

Pedestrian and bicycle amenities.

(1)

Sidewalks with a minimum width of five feet are required on each side of public and private streets within the development.

(2)

Sidewalks shall be designed to allow pedestrians to safely move from within the development to existing or future pedestrian facilities located within the public rights-of-way. This shall be achieved by providing a sidewalk to the edge of the development boundary that is closest to the public right-of-way.

(n)

Utilities. All electric, cable television and telephone utilities, fire alarm conduits, streetlight wiring and other wiring conduits and similar utilities shall be placed underground by the developer or the appropriate utility company.

(o)

Accessory uses and structures. Accessory uses and structures shall be prohibited within the required buffer area per subsection 66-314(d).

(p)

Development review process. An application for a performance multifamily development shall be submitted and reviewed in accordance with the requirements of section 66-255.

(Ord. No. O20-035, § 1(Exh. A), 8-20-2020; Ord. No. O22-001, § 1(Exh. A), 2-17-2022)

Editor's note— Prior to the reenactment of section 66-314 by Ord. No. O20-035, § 1(Exh. A), adopted August 20, 2020, at the discretion of the editor, Ord. No. O19-022, adopted May 23, 2019, had been treated as superseding the provisions of the former section 66-314, which pertained to yard sales and derived from the Code of 2003, § 30-314; Ord. No. 02-21, § 1(19.135), adopted June 20, 2002, and Ord. No. 12-07, § 1, adopted August 16, 2012.
 For current provisions pertaining to yard sales, the user's attention is directed to subsection 66-228(d).

(a)

Density standards and setbacks required in the R-6 district may be amended as set forth in this section for a newly developed subdivision that provides the following infrastructure and meets the following requirements:

(1)

Provides:

a.

Paved roads.

b.

Curb and gutter.

c.

A public or community water system.

d.

A public sewer system.

e.

Underground utilities.

f.

Streetlights.

(2)

Contains undivided areas designated as open space that are available for all owners of property in the subdivision.

(3)

Homeowners are members of a homeowners' association.

(4)

Minimum size of the subdivision is five acres.

(b)

For the subdivisions meeting the requirements set forth in subsection (a) of this section, a density limit of seven units per acre shall apply in lieu of individual minimum lot sizes. Setbacks and lot criteria shall be as follows:

(1)

Principal buildings on the periphery of a performance residential development shall be setback no less than 25 feet from the adjoining property line. The 25-foot setback requirement shall be removed if the neighboring property is zoned R-6.

(2)

Front yard setback shall be a minimum of 15 feet.

(3)

Side yard setback shall be a minimum of five feet.

(4)

Minimum lot width at front setback line for detached single-family homes shall be 40 feet.

(Code 2003, § 30-315; Ord. No. 02-21, § 1(19.136), 6-20-2002; Ord. No. 04-36, § 1, 11-18-2004; Ord. No. O20-011, § 1(Exh. A), 2-20-2020; Ord. No. O21-032, § 1(Exh. A), 8-26-2021; Ord. No. O22-001, § 1(Exh. A), 2-17-2022)

(a)

Purpose. The purpose of a transportation impact analysis (TIA) is to assess the impact of a proposed development, redevelopment, or zoning map amendment, on the town's transportation system. A TIA will:

(1)

Evaluate existing conditions and future impacts of a proposed development on the transportation system;

(2)

Identify existing or impending problems with the transportation system;

(3)

Delineate solutions to identified problems; and

(4)

Assign responsibility for the necessary improvements to mitigate potential adverse effects on the transportation system.

(b)

TIA required. Development applications for a map amendment, planned unit development, site plan, or a subdivision that meet the following criteria shall conduct a TIA prepared in accordance with the standards in this section:

(1)

Generally. Any new development, redevelopment or expansion anticipated to generate more than 100 trips (including pass-by and internal capture trips) during any peak hour period on the surrounding roadways (between 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m.) upon completion of all or a portion of the development. In the case of currently developed property, a net increase of 100 peak hour trips will require the completion of a study.

(2)

Localized safety and capacity conditions. Any development or redevelopment, regardless of the expected trip generation levels, when the town determines there are or may be:

a.

Current traffic problems in the area of the proposed development, such as high-hazard crash locations, confusing traffic patterns, or an intersection that warrants additional traffic control as determined by the town or NCDOT;

b.

Significant impact to current or projected levels of service of the roadway in the vicinity of the development;

c.

An inability of the adjacent, existing, or proposed roadway system to handle increased traffic, or an inability to improve the roadway system to handle increased traffic;

d.

Close proximity to a project identified on the statewide transportation improvement program; or

e.

Other specific problems or deficiencies that may be affected by the proposed development or the traffic impacts of the development to be satisfactorily accommodated (i.e., driveway orientation and/or location, vertical/horizontal curvature, circulation patterns, potential vehicle queuing issues).

(3)

Pre-submittal conference required. Any applicant required to complete a TIA shall conduct a pre-application conference with town staff and the traffic engineer selected to prepare the TIA.

a.

The pre-application conference shall establish the study area, the trip distribution, the traffic counts to be utilized, approved developments in the area, pass-by and internal capture percentages, additional hours of analyses, if required (other than a.m. and p.m. peak hours), and resolve any other questions specific to the site.

b.

The engineering firm shall submit a scope of work to the town within ten working days of the pre-application conference.

c.

Prior to any work commencing on the TIA, the applicant shall submit the necessary fee as set forth in the fee schedule adopted by town council.

(4)

Required TIA contents.

a.

A licensed engineer registered to practice in the state shall prepare the TIA. The engineer shall have traffic assessment and transportation management experience.

b.

The engineer shall submit five copies of the TIA report to the town, which shall include, at a minimum, the following information:

1.

Study purpose and objectives.

2.

Description of the site and study area boundaries, including appropriate mapping and the rationale for selection of the study area boundaries.

3.

A summary of existing conditions, including, but not limited to: surrounding street and key intersection traffic volumes (daily and peak hour), turning movements, and capacities, safety deficiencies and funded transportation improvements.

4.

Anticipated or approved development in the area.

5.

Trip generation and distribution.

(i)

Trip generation estimates shall be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant shall also provide the ITE code and methodology used to calculate proposed trip generation estimates. Estimates completed without the guidance of ITE trip generation manual must be justified and agreed upon by all parties involved in the TIA process;

(ii)

Pass-by trip factors and assumptions;

(iii)

Internal trip assumptions for mixed use developments;

(iv)

Trip distribution assumptions complete with diagrams.

6.

Future projections. Projection of future traffic volumes and assessment of future roadway and intersection operating conditions for the year of the ultimate completion of the project. All projections should specifically document projected background traffic as well as the traffic generated by the proposed development. If the project is to be phased, projections for each phase of the development are required. If the un-phased build out period of the project is greater than nine years, then a minimum of one intermediate and one full build out impact projection is required. All projections and assessments should include the following three scenarios:

(i)

No-build;

(ii)

Maximum possible development under existing use or zoning. Applicant shall conduct assessment of project phasing. The impact of the development of a particular phase is not to be compared with the total possible build out of the entire project location; and

(iii)

Proposed development.

7.

Generalized peak hour and/or daily link level of service (LOS) analysis. Using the peak hour directional volumes and daily traffic volumes forecast and service thresholds, a general evaluation shall be made of the street system for the short-term and long-term horizon years. If the project is to be phased, then an assessment of conditions after the completion of each phase of the development is required. Incremental differences attributable to the land use action shall be identified. A map showing generalized levels of service shall be presented for each design year.

8.

Access analysis. The design, number, and location of access points to collector and arterial roadways must be fully analyzed. The number of access points shall be kept to a minimum and designed to be consistent with the type of roadway facility. Access analysis shall include a strip crash, intersection crash analysis and bicycle/pedestrian analysis.

9.

Intersection analysis (signal warrant analysis, phasing analysis, intersection crash analysis and progression analysis). The appropriateness of the development's access locations and type must be established. For full-access locations, a signal warrant analysis based on the Manual on Uniform Traffic Control Devices must be conducted for each design year. Traffic signals specifically warranted by the land use action shall be identified.

10.

Peak hour intersection level of service. An a.m. and p.m. peak hour intersection LOS analysis shall be conducted for each intersection, based on procedures specified in the most recent release of the Highway Capacity Manual. Levels of service for signalized intersections shall be based on the signal timings developed for the signal progression analysis.

11.

Turn lane storage requirements. Turn lane storage needs shall be identified for the warranted situation, based on projected turning volumes and NCDOT analytic techniques. Appropriate documentation of the calculations must be provided.

12.

Sight distance. The adequacy of sight distance at all entrances and internal intersections shall be evaluated.

13.

Appropriateness of acceleration or deceleration lanes. All proposed access points on arterials shall be evaluated to determine the need for acceleration lanes or deceleration lanes, with justification and basis provided for recommendations.

14.

Pedestrian and bicycle analysis. Continuity and adequacy of pedestrian and bike facilities shall be provided to the nearest attraction (existing or planned) within a one-quarter-mile of the development site. Destinations of significance include bus stops, elementary schools, parks, activity centers and major bicycle facilities. Adherence to the Americans with Disabilities Act (ADA) and American Association of State Highway and Transportation Officials AASHTO standards shall be required.

15.

Public transportation analysis. Existing and proposed (if any) public transportation facilities analysis shall be provided.

16.

Special analysis/issues. The town may require specific focused traffic analyses relative to the proposed development.

17.

Recommendations for improvements. Recommendations for site access and transportation improvements or mitigation measures needed to maintain traffic flow to, from, within and adjacent to the proposed development at an acceptable and safe level of service (generally assumed at LOS D or better). Any recommendations for roadway improvements should identify funding sources for these improvements.

18.

Collected data. Data collected for the study shall be made available to the town for evaluation of the study conclusions. The format for data submission as well as format for data to be provided to the town will be determined at a pre-consultation meeting between the applicant and town.

(5)

Review process.

a.

The town, WMPO, and NCDOT, as appropriate, will review and may comment on the draft TIA submitted for the proposed development. When necessary, the draft TIA report may be forwarded to the NCDOT Congestion Management Section or other applicable NCDOT sections for review and comment.

b.

The town, WMPO, and NCDOT, as appropriate, may request clarification and further analysis of the impacts considered necessary to adequately determine the impact to the level of service presented to the traveling public by the proposed development

(6)

Revision.

a.

The engineer shall address all additional town, WMPO, and NCDOT comments, as appropriate, and re-submit a revised TIA report.

b.

The town, WMPO, and NCDOT, as appropriate, shall review the revised report and may request additional information or approve the TIA report.

(7)

Decision.

a.

Once all comments have been addressed and the town has approved the TIA report, the town shall notify the applicant of the TIA approval.

b.

TIA approval shall be valid for a period of 36 months. Prior to the conclusion of this 36-month period, work resulting in the recording of lots or issuance of a certificate of occupancy shall have occurred. Significant changes in the development proposal or surrounding conditions may require revision to or re-submittal of the TIA.

c.

When multiple mitigation alternatives are identified in the report, which address the same transportation deficiency, the town or NCDOT, as appropriate, may select the alternative that provides the greatest public benefit and that meets the appropriate LOS on the impacted street network.

d.

If the town council accepts the means of mitigation, the mitigation must be successfully completed prior to the issuance of a certificate of occupancy.

e.

In no case shall a TIA be considered valid after ten years of its adoption. TIAs ten years of age or older shall be revised with current data and conditions.

(8)

Existing TIAs approved prior to August 20, 2015.

a.

Any TIA approved prior to the adoption of this section shall remain valid for a period of ten years from the date of adoption of this section.

b.

A revised TIA shall be required of any existing development with an otherwise valid TIA, should said development increase density or development activity resulting in a net increase of 100 peak hour trips.

(9)

Appeals. An applicant may appeal the decision of the planning director to the board of adjustment in accordance with section 66-67.

(Code 2003, § 30-316; Ord. No. 15-16, § 1, 9-17-2015)

(a)

Design standards.

(1)

Minimum size. A recreational vehicle park shall require a minimum gross land area of 25 acres in C-2 and C-3.

(2)

RV sites.

a.

Each recreational vehicle (RV), as defined in G.S. 20-4.01, shall be located on an individual area (RV site) within the RV park.

b.

RV sites shall be limited to seven per acre of the RV park.

c.

All RV sites shall have, at a minimum, 1,250 square feet with average width of 25 feet.

d.

No more than one RV may be parked on any one RV site. RVs shall not be permitted on parcels, lots, or spaces other than the designated RV sites.

e.

All RVs must be placed individually on approved RV sites where all design standards and utility connections have been completed.

f.

All RV sites shall be graded to prevent standing or ponding of water. RV sites shall be graded to obtain a reasonably flat area and to provide adequate drainage. This requirement is not intended to circumvent FEMA regulations.

g.

RV sites along public road frontages shall be located at least 30 feet from the edge of the road right-of-way and 20 feet from the perimeter and shall remain free of encroachment by RV site(s), accessory structures, and impervious coverage.

h.

RV sites shall be located outside of utility, drainage, and access easements.

i.

RV sites shall be at least 20 feet apart.

j.

Accessory structures shall not be constructed on an RV site.

k.

No RV site shall have direct vehicular access to a publicly maintained road.

l.

A number identifying each RV site shall be placed on a concrete, wood or metal post, conspicuously located at each RV site.

m.

RV sites shall have an additional parking area for ancillary vehicles or boats.

(3)

Streetyards and vegetative buffers.

a.

Streetyards shall meet the following requirements.

1.

Street yard landscaping shall be required along all street frontages. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in subsection (2). Secondary street frontages are required to contain 50 percent of the required street yard area.

2.

For every linear foot of street yard frontage along a right-of-way, 25 square feet of street yard area is required. The minimum street yard width shall be five feet and the maximum street yard width shall be 30 feet. Street yard widths shall be measured along a perpendicular line from the right-of-way line. Driveway widths (measured at the right-of-way line) shall not be counted in the linear footage of street yard frontage.

3.

For every 600 square feet of street yard area, the following landscaping shall be provided:

A.

One canopy tree a minimum of six feet in height at time of planting, or, if overhead utilities are located above the street yard, three understory trees a minimum of six feet in height at time of planting.

B.

Six shrubs a minimum of 12 inches in height at time of planting.

4.

Canopy and understory trees shall be species from the landscape species list in the Administrative Manual.

5.

If there are existing trees of a minimum two inches caliper size in the proposed street yard, the planning and inspections director or their designee may grant credit toward meeting tree planting requirements in subsection (3).

6.

Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. The area of any bicycle, pedestrian, or transit facilities that are existing or to be provided with the development of the subject parcel may be subtracted from the base street yard area required per subsection (3) to get the total required street yard area.

b.

All other perimeter areas shall be vegetated with a Level 1 buffer per section 66-254.

(4)

Accessory uses and structures for the RV park.

a.

RV parks shall have a structure or structures that provide separate toilet facilities.

b.

RV parks may contain structures for retail sales, coin operated vending machines, or laundry facilities for the use of RV park customers and their guests.

c.

RV parks may contain a structure or structures which provide indoor amenities and recreation activities for use of the RV park customers and their guests.

d.

RV parks may contain a structure or structures for RV park offices, operation, and management staff.

e.

RV parks may contain up to two structures for storage of maintenance equipment.

f.

All structures shall:

1.

Be constructed in accordance with the International Building Code with North Carolina Amendments, and

2.

Be for use only by staff and users of the RV park.

(5)

Recreation and open space. RV parks shall include active and passive open space as described in subsection 50-21(b) and section 50-21.

(6)

Parking and streets.

a.

Parking within the RV park shall only be in designated parking areas.

b.

Parking areas for employees of the RV park and for accessory structures shall be provided as listed in section 66-276.

c.

All access to RV sites and accessory structures shall be made using internal streets.

d.

Internal street standards.

1.

Throughout the RV park, one or two-way streets shall be used, kept well maintained and clearly identified. Each RV site shall abut an internal street within the park.

2.

All internal streets shall have a minimum travelway width of 12 feet for one-way streets and 24 feet for two-way streets, with a minimum vertical clearance of 18 feet.

3.

A minimum radius of 40 feet, shall be maintained on any dead-end internal street for emergency vehicles and shall be approved by the fire chief.

4.

All internal streets shall have paved or asphalt surfaces capable of supporting a minimum of 75,000 pounds in accordance with the International Fire Code.

5.

RV parks shall maintain all internal streets and drainage facilities. Such streets shall be maintained in such a manner to be free from potholes, breaks in the pavement, rough surfaces, ponding of water and any other associated issues which would impede or cause hazards to motor vehicles.

6.

Internal streets shall have a speed limit of no greater than 15 miles per hour.

(7)

Utilities. Each RV site shall have potable water, wastewater disposal, and electrical connections.

(8)

Signs. Signs shall be regulated by article XI of this chapter.

(9)

Refuse disposal.

a.

The RV park shall be responsible for collection of refuse.

b.

All trash receptacles shall be enclosed on three sides by masonry or wood fencing.

c.

The storage, collection and disposal of refuse shall be managed as to not create health hazards, insect breeding area(s), rodent harborage, fire hazards or air pollution.

d.

The RV park shall provide at a minimum one trash receptacle such as a dumpster or trash compactor.

(10)

Swimming pools and bathing areas. Any swimming pools or bathing areas shall be installed, altered, improved and used in compliance with applicable local and state regulations.

(11)

General conditions and requirements.

a.

Unlicensed or unregistered vehicles shall be prohibited in an RV park.

b.

RV sites shall not be subdivided into individual lots.

c.

RV sites shall not be sold, conveyed, or subleased.

d.

The RV park shall only be for transient use.

e.

Any individual recreational vehicles ("RV") shall be limited to 180 days of occupancy within the park within a 12-month period. The 12-month period for each individual RV occupancy shall be calculated from the first day of occupancy by that RV within the RV park.

f.

RV parks shall be required to maintain a registry or logbook identifying, at a minimum, the recreation vehicle license plate number and vehicle identification number for recreation RV sites which may be subject to inspection by the town.

(12)

Inspections. The Brunswick County Health Department and town planning and inspections and public services staff are hereby authorized to make inspections as necessary to determine satisfactory compliance with applicable ordinances and regulations.

(Ord. No. O21-064, § 1(Exh. A), 2-17-2022; Ord. No. O22-063, § 1(Exh. B), 8-18-2022; Ord. No. O23-028, § 1(Exh. A), 9-14-2023)