(1)   Single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Manufactured homes, Class A;

      (4)   Agriculture uses;

      (5)   Family care homes;

      (6)   Day care centers, small group;

      (7)   Customary home occupations in accordance with § 153.045 of this chapter;

      (8)   Essential services, Class I and II;

      (9)   Churches with a maximum sanctuary seating capacity of not greater than 500 seats. Customary accessory uses shall also be permitted. Church owned and maintained cemeteries as an accessory use are permitted;

      (10)   Publicly owned and operated outdoor recreation facilities which are 1 acre or less in area. No facility shall contain a swimming pool or indoor community center or meeting facility;

      (11)   Private recreation facilities constructed pursuant to a permit authorizing the construction of some residential development and intended primarily for the use and enjoyment of the residents thereof;

      (12)   Public and private elementary and secondary schools and private schools district administrative offices where located on the same parcel as a school;

      (13)   Stands for the in-season sale of produce out of a home garden located on the premises where the produce is being sold;

      (14)   Accessory structures in accordance with § 153.057 of this chapter;

      (15)   Signs in accordance with §§ 153.160 through 153.172 of this chapter;

      (16)   Off-street parking in accordance with §§ 153.185 through 153.188 of this chapter;

      (17)   Private residential quarters provided there is sufficient off-street parking to accommodate the private residential quarters in addition to the spaces required for the principal dwelling; and

      (18)   Public parks and recreation facilities.

      (1)   Cemeteries as a principal use (setbacks apply to both buildings and graves) provided primary vehicular access is not provided by a local residential road;

      (2)   Customary home occupations which meet all the criteria as set forth in § 153.045 of this chapter except § 153.045(B) of the section; provided however, if an accessory or outside storage building is used in connection with a home occupation it shall not exceed 800 square feet in floor area and not more than 1 building shall be devoted to the home occupation and the building is located in the rear yard and not less than 50 feet from any property line;

      (3)   Auto hobbyist (see Definitions, § 153.031) provided the use is screened from any abutting property located in a residential district in accordance with § 153.046;

      (4)   Churches having a sanctuary seating capacity in excess of 500 seats provided that primary vehicular access is not provided by a local residential road and the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (5)   Country clubs and privately-owned outdoor recreation facilities provided that go-cart tracks and outdoor vehicular racing facilities shall not be permitted provided that primary vehicular access is not provided by a local residential road and the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (6)   Publicly-owned and operated outdoor recreation facilities in excess of 1 acre in area and/or containing a swimming pool, or indoor community center or meeting facility provided that primary vehicular access is not provided by a local residential road and the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (7)   Bed and breakfast inns provided the use is screened from any abutting property located in a residential district in accordance with § 153.046;

      (8)   Public safety stations and Essential Services III provided that the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (9)   Rest homes, nursing care facilities and continuing care communities provided that primary vehicular access is not provided by a local residential road and the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (10)   Public schools administrative offices (freestanding) provided that primary vehicular access is not provided by a local residential road and the use is screened from any adjoining property located in a residential district in accordance with § 153.046;

      (11)   Communication towers subject to the following standards.

         (a)   The height of the communication tower may not exceed 199 feet above ground level;

         (b)   The tower may only be placed on a property containing a minimum of 3 acres;

         (c)   The tower must be set back a distance of at least 200 feet from any public right-of-way and 200 feet from any property line;

         (d)   The tower must provide technically-suitable space for at least 4 users;

         (e)   The tower shall be constructed using a monopole design;

         (f)   A new communication tower cannot be placed within a 1/4-mile radius of an existing tower that could accommodate an additional user;

         (g)   No equipment, mobile or immobile, not used in direct support of the transmission or relay facility shall be stored or parked on the site unless repairs to the facility are being made;

         (h)   Towers shall not be artificially lighted except to insure human safety as required by the Federal Aviation Administration (FAA) regulations;

         (i)   Screening in accordance with § 153.046 shall be planted around the perimeter of the area occupied by the tower, security fencing, and auxiliary uses such as parking. In addition, existing on-site trees and other vegetation shall be preserved to the extent possible;

         (j)   No more than 1 communication tower shall be constructed on a single tract of land;

         (k)   The tower will not result in interference with the safe operation of aircraft in relation to existing or planned airport facilities; and

         (l)   All obsolete or unused facilities must be removed within 12 months of cessation of operations at the site.

         (a)   Single-family dwellings and Class A manufactured homes:

            1.   25,000 square feet where no public water or public sewer is provided at the lot;

            2.   22,500 square feet where either one of public water or public sewer are provided at the lot; or

            3.   20,000 square feet where both public water and public sewer are provided at the lot.

         (b)   Two-family dwellings:

            1.   50,000 square feet where no public water or public sewer are provided at the lot;

            2.   35,000 square feet where either one of public water or public sewer are provided at the lot; or

            3.   20,000 square feet where both public water and public sewer is provided at the lot.

         (c)   Churches: 2 acres.

         (d)   Schools: 5 acres.

         (e)   Bed and breakfast inn: 1 acre.

         (f)   Essential services: none.

         (g)   Cemeteries as a principal use: 3 acres.

         (h)   Rest homes: 1 acre.

         (i)   Nursing care facilities: 60,000 square feet.

         (j)   Continuing care communities: 5 acres.

         (k)   Country clubs: 5 acres.

         (l)   All other principal uses: 1 acre.

      (2)   Minimum front yard setback (as measured from the edge of the street right-of-way line).

         (a)   Where public water and public sewer are provided to the lot: all uses: 40 feet.

         (b)   Where only one of either or neither public water and public sewer are provided to the lot: all uses: 50 feet.

      (3)   Minimum side yard setback (an additional 10 feet shall be provided on all side yards which abut a public street).

         (a)   Single-family and two-family dwellings and manufactured homes, Class A: 10 feet.

         (b)   Schools: 40 feet.

         (c)   Bed and breakfast inns: 25 feet.

         (d)   Public safety stations: 25 feet.

         (e)   Church: 40 feet.

         (f)   Rest home, nursing care facility and continuing care communities: 40 feet.

         (g)   Swimming pools located in a public or privately maintained recreation facility: 40 feet.

         (h)   Community center or meeting facility: 40 feet.

         (i)   Essential Services II: 20 feet.

         (j)   Essential Services III: 40 feet.

         (k)   All other uses: 15 feet.

      (4)   Minimum rear yard setback. 40 feet.

      (5)   Maximum building height. All uses: 35 feet, except as provided in § 153.054 of this chapter.

      (6)   Minimum lot width (as measured at the required front yard setback).

         (a)   Churches, community centers, meeting facilities, schools, country clubs, bed and breakfast inns and essential services, Class III: 150 feet.

         (b)   All other uses: 100 feet.

      (1)   Screening, as provided in § 153.046 of this chapter, shall be required for the following uses and for all other circumstances required by § 153.046(A) of this chapter.

         (a)   Country club, but screening is not required for golf course playing areas;

         (b)   Outdoor swimming pools located in a public or privately maintained recreation facility;

         (c)   Churches;

         (d)   Community centers and meeting facilities;

         (e)   Country clubs but not including golf courses;

         (f)   Bed and breakfast inns;

         (g)   Public safety stations;

         (h)   Rest homes, nursing care facilities and continuing care communities;

         (i)   Public or private elementary or secondary schools; and

         (j)   Public or private outdoor recreation facilities not constructed pursuant to a permit authorizing the construction of some residential development.

         (k)   Essential Services II;

         (l)   Essential Services III.

      (2)   Where applicable, landscaping shall be provided in accordance with § 153.047 of this chapter.

(Prior UDO, § 7.1) (Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024; Ord. O-17-2024, passed 12-5-2024; Ord. ZTA-4-2025, passed 10-2-2025)

      (8)   Off-street parking in accordance with §§ 153.185 through 153.188 of this chapter ;

      (9)   Publicly owned and operated outdoor recreation facility one acre or less in size and not containing a swimming pool; and

      (10)   Public parks and recreation facilities.

         (a)   Single-family detached dwellings: 10 feet.

         (b)   All other uses: 15 feet.

(Prior UDO, § 7.2) (Ord. passed 4-6-16; Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-4-2025, passed 10-2-2025) Penalty, see § 153.999

      (9)    Publicly owned and operated outdoor recreation facility 1 acre or less in size and not containing a swimming pool; and

      (10)   Public parks and recreation facilities.

         (a)   Single-family dwellings: 10 feet.

(Prior UDO, § 7.3) (Ord. passed - - ; Ord. passed 6-29-2023; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-4-2025, passed 10-2-2025) Penalty, see § 153.999

      (10)    Publicly owned and operated outdoor recreation facility one acre or less in size and not containing a swimming pool; and

      (11)   Public parks and recreation facilities.

         (a)   All residential uses: 10 feet.

         (b)   All other uses: 15 feet.

         (a)   Single-family dwelling: 70 feet at front yard setback; 35 feet at street right-of-way.

         (b)   Two-family dwelling: 80 feet at front yard setback; 35 feet at street right-of-way.

         (c)   All other uses: 90 feet at front yard setback, except that in no instance shall the lot width measured at the street right-of-way be less than 35 feet.

      (1)   Screening, as provided in § 153.046 of this chapter shall be required for the following uses and for any other circumstances as required by § 153.046(A) of this chapter:

         (a)   Country club, but screening is not required for golf course playing areas;

         (b)   Essential services, Classes I and II;

         (c)   Publicly owned and operated outdoor recreation facility 1 acres or less in size and not containing a swimming pool.

(Prior UDO, § 7.4) (Ord. ZTA-3-2016, passed 6-2-2016; Ord. passed - - ; Ord. passed 6-29-2023; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-4-2025, passed 10-2-2025) Penalty, see § 153.999

      (2)   Two-family dwellings;

      (3)   Multi-family dwellings with additional requirements (see section (C) below);

      (4)   Churches with a maximum sanctuary seating capacity of not greater than 500 seats. Customary accessory uses shall also be permitted. Church owned and maintained cemeteries as an accessory use are permitted;

      (5)   Private recreation facilities constructed pursuant to a permit authorizing the construction of some residential development and intended primarily for the use and enjoyment of the residents thereof;

      (6)   Private residential quarters provided there is sufficient off-street parking to accommodate the private residential quarters in addition to the two off-street spaces required for the principal dwelling;

      (14)   Off-street parking in accordance with §§ 153.185 through 153.188 of this chapter ;

      (15)   Publicly owned and operated outdoor recreation facility 1 acre or less in size and not containing a swimming pool; and

      (16)   Public parks and recreation facilities.

         (a)   Single-family dwelling: 8,000 square feet.

         (b)   Two-family dwellings: 12,000 square feet.

         (c)   Multi-family dwellings: minimum site size shall be 25,000 square feet but gross density shall not exceed 6 units per acre.

         (d)   Private recreation facilities constructed pursuant to a permit authorizing the construction of some residential development and intended primarily for the use and enjoyment of the residents thereof: none.

         (e)   Private residential quarters: no additional lot size beyond that required for the principal dwelling.

         (f)   Essential services: none.

         (a)   All residential uses: 30 feet.

         (b)   Cemeteries and essential services, Class I and II: 20 feet.

         (c)   All other uses: 40 feet.

         (a)   Single- and two-family dwellings: 10 feet.

         (b)   Multi-family dwellings: 12 feet.

         (c)   Public and private elementary and secondary schools: 20 feet.

         (d)   Church: 20 feet.

         (e)   All other uses: 15 feet.

         (a)   Single-family dwelling: 70 feet at front yard setback; 35 feet at street right-of-way.

         (b)   Two-family dwelling: 80 feet at front yard setback; 35 feet at street right-of-way.

         (c)   Multi-family developments: 100 feet at the street right-of-way.

         (d)   All other uses: 100 feet.

      (1)   Screening, as provided in § 153.046 of this chapter shall be required for multi-family developments where abutting properties zoned or used for single- or two-family residential use.

      (2)   Where applicable, landscaping shall be provided in accordance with § 153.047 of this chapter.

      (3)   Off-street parking, as provided in § 153.185.

      (1)   Water Supply Watershed Overlay District, as provided in § 153.121.

(Prior UDO, § 7.5) (Ord. passed - - ; Ord. passed 6-29-2023; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-1-2025, passed 4-3-2025; Ord. ZTA-4-2025, passed 10-2-2025) Penalty, see § 153.999

      (1)   Single-family homes;

      (2)   Two-family dwellings;

      (3)   Office buildings containing 5,000 square feet or less of gross floor area;

      (4)   Churches including customary accessory uses. Church owned and maintained cemeteries as an accessory use are permitted;

      (5)   Public and private elementary and secondary schools and/or schools district administrative offices;

      (6)   Family care homes;

      (7)   Customary home occupations in accordance with § 153.045 of this chapter;

      (8)   Day care center, small group;

      (9)   Private residential quarters, provided there is sufficient off-street parking to accommodate the private residential quarters in addition to the 2 off-street parking spaces required for the principal dwelling;

      (10)   Public safety stations;

      (11)   Barber shop/beauty shop; and

      (12)   Farmers market (small scale);

      (13)   Essential services, Class I and II;

      (14)   Accessory structures in accordance with § 153.057 of this chapter;

      (15)   Signs in accordance with §§ 153.160 through 153.172 of this chapter;

      (16)   Off-street parking in accordance with §§ 153.185 through 153.188 of this chapter;

      (17)   Publicly owned and operated outdoor recreation facility 1 acres or less in size and not containing a swimming pool; and

      (18)   Public parks and recreation facilities.

         (b)   Two-family dwellings: 12,000 square feet.

         (c)   Private residential quarters: no additional lot size beyond that required for the principal dwelling.

         (d)   Essential services: none.

         (e)   All other principal uses: 1 acre.

         (f)   Churches: 20,000 square feet.

         (g)   Office buildings: 9,000 square feet.

         (a)   All uses: 30 feet.

         (a)   Single- and two-family dwellings: 10 feet.

         (b)   Public and private elementary and secondary schools: 20 feet.

         (c)   Churches: 20 feet.

         (d)   All other uses: 15 feet.

         (a)   Churches, schools: 100 feet with at least 50 feet at the street right-of-way line.

         (b)   Two-family dwellings: 80 feet.

         (c)   Churches and schools: 120 feet with at least 50 feet at the street right-of-way line.

         (d)   All other uses: 70 feet.

(Prior UDO, § 7.6) (Ord. ZTA-5-2009, passed 11-5-2009; Ord. ZTA-6-2009, passed 1-7-2010; Ord. passed - -; Ord. O-5-23, passed 4-6-2023; Ord. passed 6-29-2023; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-1-2025, passed 4-3-2025; Ord. ZTA-4-2025, passed 10-2-2025) Penalty, see § 153.999

      (34)   Recreation facilities: country clubs, privately-owned outdoor recreation facilities and publicly-owned outdoor recreation facilities greater than 1 acre; provided that go-cart tracks, other outdoor vehicular racing facilities, water slides, outdoor facilities open after 10:00 p.m., and facilities using outdoor audio loudspeaker systems shall not be permitted;

      (39)   Medical clinics ;

      (40)   Personal health clinics; and

      (41)   Public parks and recreation facilities.

(Prior UDO, § 7.7) (Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-4-2025, passed 10-2-2025)

         (a)   Antique store;

         (b)   Appliance and appliance repair store;

         (c)   Arts and crafts store;

         (d)   Automobile and boat supply store;

         (e)   Bakeries (retail and wholesale);

         (f)   Bicycle store;

         (g)   Beauty supply store;

         (h)   Book and stationery store (excluding adult establishments);

         (i)   Box and gift-wrap store;

         (j)   Card (greeting) shop;

         (k)   Camera shop and film developing service depository and/or walk-in service developing lab;

         (l)   Catalog sales store;

         (m)   Clock shop;

         (n)   Clothing shop/department store;

         (o)   Computer service store;

         (p)   Convenience stores (no fuel sales);

         (q)   Copy service;

         (r)   Curtains, drape and other window treatments store;

         (s)   Delicatessen;

         (t)   Dressmaking shop;

         (u)   Drugstore;

         (v)   Dry cleaning (pick-up and delivery station);

         (w)   Dry goods shop;

         (x)   Electronics sales;

         (y)   Sign printing and manufacturing, outside of the downtown fire district and with no outdoor storage and with all activities conducted indoors;

         (z)   Florist and gift shop;

         (aa)   Floor covering, lighting, wallpaper, paint and window covering store;

         (bb)   Food store;

         (cc)   Formalwear sales and rental;

         (dd)   Furniture, rugs and other home furnishings store;

         (ee)   Furrier;

         (ff)   Hardware store (but not outdoor storage or enclosed lumber yards);

         (gg)   Hobby store;

         (hh)   Household goods shop;

         (ii)   Jewelry and jewelry repair shop;

         (jj)   Key shop;

         (kk)   Linen shop;

         (ll)   Luggage and leather shop;

         (mm)   Medical supply sales and rental store;

         (nn)   Music store including recordings of the various media, print music, sound and high fidelity equipment and supplies, and musical instruments sales and service;

         (oo)   Notion and fabric store;

         (pp)   Office buildings with a maximum gross floor area of 10,000 square feet;

         (qq)   Office supply, stationary office equipment;

         (rr)   Party rental shop;

         (ss)   Pet store;

         (tt)   Postal store;

         (uu)   Restaurant and auxiliary food catering service;

         (vv)   Second-hand shop;

         (ww)   Shoe store;

         (xx)   Shoe repair shop;

         (yy)   Sporting goods and trophy shop;

         (zz)   Tailor and alteration shop;

         (aaa)   Toy store;

         (bbb)   Variety and department store;

         (ccc)   Video rental and sales shop (excluding adult establishments); and

         (ddd)   Motorcycle sales with outdoor storage during business hours only.

         (a)   Art and photography studios (excluding adult establishments);

         (b)   Automobile parking lot;

         (c)   Barber shop;

         (d)   Beauty shop;

         (e)   Community center;

         (f)   Commercial schools providing training in any of the arts, sciences, trades or professions, conducted indoors, with up to 100 enrolled students;

         (g)   Dry cleaning service;

         (h)   Essential services, Classes I and II;

         (i)   Exterminator service;

         (j)   Finance company;

         (k)   Film processing service;

         (l)   Fitness and tanning center (excluding adult establishments);

         (m)   Interior decorating service;

         (n)   Laundromat;

         (o)   Library;

         (p)   Museum;

         (q)   Newspaper office and broadcast media offices and studios only;

         (r)   Offices–business, professional, medical and public;

         (s)   Opticians and optical services;

         (t)   Permanent cosmetics;

         (u)   Post office;

         (v)   Public safety station;

         (w)   Rental of party, medical, office and household items;

         (x)   Sign printing and manufacturing, outside of the downtown fire district and with no outdoor storage and with all activities conducted indoors;

         (y)   Signs in accordance with §§ 153.160 through 153.172 of this chapter;

         (z)   Theaters, auditoriums and public or private nonprofit cultural arts facilities (performance, education, and/or exhibit) excluding adult establishments; and

         (aa)   Travel agency.

      (1)   Hotel provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;

      (2)   Newspaper printing and other publishing;

      (3)   Parking facilities provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;

      (4)   Tavern provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046.

      (5)   Recreation, indoor provided that the noise level generated by this activity should not adversely impact surrounding uses.

      (6)   Recreation, outdoor provided that the facility is closed by 9:00 p.m., any outdoor lighting shall not shine directly into the yards/windows of residential uses and are turned off at closing, and central loudspeakers/paging systems are prohibited within 200 feet of residentially planned, zoned, or used property.

      (1)   Minimum lot size: none.

      (2)   Minimum lot width: none.

      (3)   Minimum front yard setback: none.

      (4)   Minimum side yard setback: none except 10 feet shall be required on all corner lots and 20 feet on side yards that abut any Residential (R) District.

      (5)   Minimum rear yard setback: none except 20 feet shall be required on all lots whose rear yard abuts any Residential (R) District.

      (6)   Maximum building height: 40 feet except as permitted in § 153.054 of this chapter.

      (7)   Off-street parking and loading: all off-street parking and loading requirements as prescribed in §§ 153.185 through 153.188 of this chapter shall be waived.

      (8)   Minimum build to lines: the fronts of all new commercial buildings shall be constructed at the minimum front and side setback lines.

      (9)   Where new structures are constructed adjacent to existing sidewalks, an expansion joint shall be placed between the structures and the sidewalk.

      (1)   Screening when required by § 153.046(A) of this chapter, shall be installed pursuant to § 153.046 of this chapter.

      (2)   When off-street parking is provided, landscaping shall be installed, as applicable, pursuant to § 153.047(B) of this chapter.

(Prior UDO, § 7.9) (Ord. ZTA-1-2013, passed 2-7-2013; Ord. ZTA-4-2016, passed 7-7-2016; Ord. ZTA-7-2016, passed 1-5-2017; Ord. passed 4-6-2017; Ord. ZTA-2-2020, passed 3-5-2020; Ord. passed - -; Ord. O-01-23, passed 1-5-2023; Ord. O-4-2024, passed 5-2-2024; Ord. O-17-2024, passed 12-5-2024) Penalty, see § 153.999

      (1)   All uses subject to prescribed standards permitted in § 153.113(B) of the chapter , with the exclusion of hemp/cannabis delivery.

(Prior UDO, § 7.9A) (Ord. ZTA-7-2016, passed 1-5-2017; Ord. passed - - ; Ord. ZTA-5-2025, passed 12-4-2025) Penalty, see § 153.999

         (c)   Hemp/cannabis dispensary and smoke shops, provided they:

            1.   Shall not be located within 500 feet of any K-12 public school or licensed childcare facility property; the separation distance shall be measured in a straight line, without regard to intervening structures, from the closest point of the property line of the proposed establishment to the closest point of the property line of the properties listed above.

            2.   Shall not be located within 1,000 feet of any other smoke shop or dispensary; the separation distance shall be measured in a straight line, without regard to intervening structures, from the front door of the proposed establishment to the front door of the other establishment.

            3.   Must meet all sign regulations in the UDO, including but not limited to:

               A.   Flashing signs or any signs with flashing or intermittent light or lights or reflective devices of changing degree of intensity or color are prohibited; or

               B.   A maximum of 10% of the wall area of any wall on the building.

(Prior UDO, § 7.10) (Ord. ZTA-2-2011, passed 7-11-2011; Ord. ZTA-4-2016, passed 7-7-2016; Ord. passed - - ; Ord. O-1-2024, passed 1-4-2024; Ord. ZTA-5-2025, passed 12-4-2025) Penalty, see § 153.999

         (a)   Automobile, truck and motorcycle sales and related service and repair;

         (b)   Automobile wash establishment;

         (c)    Express fuel/mini-mart;

         (d)   Shopping center;

         (e)   Building materials, hardware and related sales with outdoor storage, and outdoor storage of building materials by contractors;

         (f)   Flea markets;

         (g)   Garden center, commercial greenhouse and horticultural nursery;

         (h)   Restaurant; and

         (i)   Tavern.

         (a)   Assembly halls, coliseums, ballrooms and similar uses;

         (b)   Bowling alleys and skating rinks;

         (c)   Office buildings;

         (d)   Essential services, Class I, II or III;

         (e)   Family theme parks, carnivals, circuses, tent assemblies, and similar commercial and charitable uses;

         (f)   Jails;

         (g)   Hotel, motel or motor lodge;

         (h)   Moving and storage services;

         (i)   Machining of metals shop (machine shop);

         (j)   Postal and parcel service processing facility;

         (k)   Outdoor recreation, baseball hitting or golf driving ranges;

         (l)   Outdoor storage of materials by contractors;

         (m)    Publicly operated alcohol beverage control (ABC) store;

         (n)   Road, grading, and utility contractors; and

         (o)   Tattoo studio.

      (3)   Accessory apartments in commercial structures provided all building and fire codes are met, living quarters do not exceed 30% of the total square footage of the structure and occupancy is limited to employees of the business located in the commercial structure on the premises;

      (4)   Indoor shooting range subject to § 153.130(B); and

      (5)   Outdoor shooting range subject to § 153.130(B).

      (1)   Minimum lot size: none.

      (2)   Minimum lot width: 70 feet (as measured at the required front setback).

      (3)   Minimum front setback: 40 feet (as measured from the edge of the street right-of-way line).

      (4)   Minimum side setback: 10 feet, except 20 feet shall be required on all corner lots and lots whose side yard abuts any Residential (R) District.

      (5)   Minimum rear setback: 20 feet, except 30 feet shall be required on all lots whose rear yard abuts any Residential (R) District.

(Ord. passed - - ; Ord. O-5-23, passed 4-6-2023; Ord. ZTA-1-2025, passed 4-3-2025)

      (1)   Minimum lot size: none.

      (2)   Minimum front setback: 40 feet (as measured from the edge of the street right-of-way).

      (3)   Minimum lot width: 70 feet (as measured at the required front setback).

      (4)   Minimum side setback: 10 feet, except 20 feet shall be required on all corner lots and 30 shall be required on all lots whose side yard abuts any Residential (R) District.

      (5)   Minimum rear setback: 20 feet, except 30 feet shall be required on all lots whose rear yard abuts any Residential (R) District.

      (6)   Maximum structure height: 50 feet except as permitted in § 153.054 of this chapter.

   (A)   Zoning areas.

      (1)   These districts are located in areas adjacent or in proximity to the Special Highways (existing or proposed) listed below. Each SH overlay shall be drawn on the zoning map. The regulations contained in this chapter shall be supplemental to those found in the underlying zoning district, except as herein noted; and

      (2)   U.S. Highway 321. Limited access four-lane divided highway under construction at the time this chapter is adopted.

   (B)   Permitted uses. Uses in the SH District shall be limited to those permitted and uses subject to prescribed standards listed in the underlying general zoning district. In no case, however, shall any of the following uses be allowed to take place on any lot which is located in the SH District.

      (1)   Manufacture of:

         (a)   Tires and inner tubes (SIC Group #301);

         (b)   Asphalt paving and roofing materials (SIC Group #295);

         (c)   Secondary smelting processes (SIC Group #334)

         (d)   Pulp, paper, and paperboard mills (SIC Group #261, 262, 263);

         (e)   Flour, other milled grain, and feed and pet foods (SIC #2041, 2047, 2048);

         (f)   Meat packing and poultry dressing (SIC #2011, 2015); and

         (g)   Lumber mills and sawmills (SIC #2421) and lumber/timber storage yards.

      (2)   Livestock feed lot and sales facilities;

      (3)   Contractors’ storage yards;

      (4)   Unenclosed scrap and salvage metal storage and recycling facilities;

      (5)   Automobile wrecking and salvage yards;

      (6)   Quarries;

      (7)   Coal sales and storage yards;

      (8)   Fuel oil distribution facilities;

      (9)   Auction sales, indoors and outdoors;

      (10)   Flea markets;

      (11)   Manufactured home sales lots;

      (12)   Tire recapping shops;

      (13)   Truck terminals;

      (14)   Radio, television or microwave transmission towers exceeding 300 feet in height;

      (15)   Sanitary landfills;

      (16)   Roofing repair and installation facilities;

      (17)   Mobile home (manufactured home) parks; and

      (18)   Adult establishments.

      (1)   None for nonresidential uses.

      (2)   Residential uses shall observe the maximum building height for the underlying zoning district.

      (3)   This shall have the effect of nullifying the underlying zoning district maximum height regulations for all nonresidential uses in the SH District.

      (1)   Minimum front yard setback: In no case shall any building be set back less than 50 feet from the right-of-way of the Special Highway.

      (2)   Minimum side yard setback: 50 feet shall be required if the side yard lies adjacent to the right-of-way of a Special Highway.

      (3)   Minimum rear yard setback: 50 feet shall be required if the rear yard lies adjacent to the right-of-way of a Special Highway.

      (1)   Boundary fences, gates, security stations, flagpoles, outdoor sculptures, fountains and similar works of art and on-premises ground mounted identification signs are permitted in any required setback area which adjoins a Special Highway right-of-way.

      (2)   Off-street parking and/or loading areas shall not be allowed within any portion of any yard that lies within 50 feet from the edge of a Special Highway right-of-way line.

      (3)   Outdoor storage and/or display, accessory structures and uses and the dispensing of goods and services are permitted in any side or rear yard (other than one which abuts a Special Highway right-of-way), provided however, the dispensing automotive fuels and related products are allowed in front yards without screening. Any outdoor storage located on the lot shall be screened from the view of any adjoining lot or roadway and the Special Highway. The screening may be located anywhere on the lot so long as the outdoor storage is materially screened. The screening shall generally be in conformance with § 153.046 of this chapter with the following exceptions:

         (a)   The screening shall consist of natural plantings only; and

         (b)   The screening shall be in place and shall effectively screen the outdoor storage prior to the certificate of occupancy being issued.

      (4)   The Administrator may partially waive the requirements for the screening in cases where he or she determines that due to topography the screening would be impossible to install, would be unusually and unreasonably burdensome upon the developer, or would serve no screening or buffering purpose; provided however, that in making the waiver the spirit and intent of this section are met.

      (1)   Any nonresidential use on a separate tract of land is permitted one ground mounted identification sign between the principal building and the right-of-way of the Special Highway. The sign shall be no closer than 25 feet from the edge of right-of-way of the Special Highway and shall be limited to a height of ten feet and a sign face area of 100 square feet. If a street lies between the principal building and the Special Highway and that street provides the main access (i.e., street that fronts the use) to the use, then the sign shall be installed in lieu of the identification sign allowed pursuant to §§ 153.160 through 153.172 of this chapter. In all other cases the sign is permitted in addition to all other signs permitted pursuant to §§ 153.160 through 153.172 of this chapter for the underlying general zoning district.

      (2)   In lieu of allowing one ground mounted identification sign between the principal building and the right-of-way of the special highway, the developer shall have the option to increase the size of one freestanding sign on the property by 100 square feet. This bonus shall only be available to Class C shopping centers with four or more tenants. If this option is chosen, only one freestanding sign will be allowed on the property.

      (1)   In order to provide for a visually appealing landscape as viewed by the motorist from the adjoining Special Highway, the first 50 feet of the yard lying between the Special Highway and the principal structure shall be landscaped or left as natural wooded buffer (for all uses except for single-family and two-family residential uses). Within this buffer area, all deciduous and coniferous trees three inches caliper or larger, and all dogwoods, redbuds and American hollies four feet high or larger shall be considered of protected size. The protective buffer shall be left in a natural state to the greatest extent possible. One plant unit shall be required for every 40 feet or portion of 40 feet of lineal frontage. A plant unit shall be composed, at a minimum, of one of the following combinations of plants as listed below:

         (a)   A combination of existing trees of protected size which will be retained, and which total more than 48 inches caliper;

         (b)   A combination of both existing trees of protected size and newly planted trees that would total more than 48 inches caliper;

         (c)   Four large maturing deciduous trees and six small maturing trees;

         (d)   Six large maturing evergreen trees and six small maturing trees;

         (e)   Four large deciduous trees and four large evergreen trees;

         (f)   Two large deciduous trees, four large evergreen trees and four small maturing trees;

         (g)   Four large deciduous trees, two large evergreen trees, and two small maturing trees; or

         (h)   14 small trees.

      (2)   The arrangement and location of landscaping in the Special Highway buffer shall be designed in a random spacing, not in a straight line, to give the appearance of a naturalized setting and shall be part of the landscape plan submitted for site plan review. The Administrator shall have the authority to waive, modify, or alter the requirements of this section on a case-by-case basis where due to unusual topography, elevation, or location of a piece of property the strict adherence of these requirements would serve no meaningful purpose. Any decision rendered by the Administrator shall in no way conflict with the spirit and intent of this section and the city’s desire to provide landscaping along a Special Highway.

      (1)   Direct access onto a Special Highway shall not be permitted. In addition, no access shall be allowed onto a ramp connecting the Special Highway with an intersecting road. No 2 points of ingress and egress (as measured at their closest distance) on any lot shall be closer than 300 feet apart. If a lot has less than 300 feet of frontage on a road which may be directly accessed, no more than 1 point of ingress and egress (no more than 1 driveway) shall be allowed on the same road for each lot, or per principal use if the principal use is located on more than 1 lot. Provided however, any retail use engaged significantly in the sale of automotive fuels to the public using pump islands shall be permitted 1 additional access point along its total frontage (total frontage includes the total for all streets on which the use fronts) provided the access point is no closer than 36 feet from any other access point. Group projects such as shopping centers and office parks shall be deemed to be a single principal use. No more than 2 separate points of ingress and egress per lot shall be allowed per road front except under the following conditions:

         (a)   The lot is 5 acres or greater in area; and

         (b)   The development is reviewed under the conditional district process.

      (2)   Under these conditions, more than 2 points of ingress and egress per road front per lot may be allowed.

      (3)   Wherever possible, no portion of any point of ingress and egress shall be located closer than 200 feet from the centerline intersection of any 2 roads. Whenever this distance is not possible due to the lot dimensions, the drive shall be located as far as possible from the intersection.

      (4)   Each driveway access shall be at least 24 feet in width but not greater than 36 feet in width.

      (5)   It is the intent of this division to supersede the requirements of § 153.186 of this chapter.

(Prior UDO, § 7.19) (Ord. ZTA-5-2016, passed 9-1-2016; Ord. passed - - ) Penalty, see § 153.999

            1.   Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or

            2.   Having an outstanding valid building permit as authorized by G.S. § 160D-102, or

            3.   Having an approved site specific or phased development plan as authorized by G.S. § 160D-102.

            1.   To convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or

            2.   To divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.

            1.   No building contains more that than one dwelling unit,

            2.   Every dwelling unit is on a separate lot, and

            3.   No lot contains more than one dwelling unit.

            1.   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this section;

            2.   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

            3.   The public acquisition by purchase of strips of land for the widening or opening of streets;

            4.   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this section;

            5.   The division of a tract into plots or lots used as a cemetery.

            6.   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Ch. 29.

         (a)   Words in the present tense include the future tense.

         (b)   Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.

         (a)    Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this section amend, modify, or restrict any provisions of the city’s code of ordinances; however, the adoption of this section shall and does amend any and all ordinances, resolutions, and regulations in effect in the city at the time of the adoption of this section that may be construed to impair or reduce the effectiveness of this sectionrdinance or to conflict with any of its provisions.

         (b)   It is not intended that these regulations interfere with any easement, covenants, or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.

         (c)   Existing development, as defined in this section, is not subject to the requirements of this section.

         (d)   Expansions to existing development must meet the requirements of this section, except single-family residential development unless the expansion is part of common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built-upon area, only the area of net increase is subject to this section. Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only areas of the net increase shall be subject to this section.

         (e)   If a non-conforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this section if it is developed for single-family residential purposes. Local governments may require the combination of contiguous nonconforming lots of record owned by the same party to establish a lot or lots that meet requirements in division (C) below.

         (f)   Any lot or parcel created as part of a family subdivision after August 1, 2024 shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision regulation. If a local government does not enforce subdivision regulations, then that local government may or may not allow the exemption for family subdivisions.

         (a)   If any subdivision, development and/or land use is found to be in violation of this section, the city governing board may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $100 per day, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the North Carolina Environmental Management Commission may assess civil penalties in accordance with G.S. § 143-215.6A. Each day that the violation continues shall constitute a separate offense.

         (b)   If the Watershed Administrator finds that any of the provisions of this section are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He or she shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this section to ensure compliance with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Watershed Review Board.

         (a)   No subdivision plat of land within the Water Supply Watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this Article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would conflict with this division (C).

         (b)   The approval of a plat does not constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so.

         (c)   All subdivisions shall conform with the mapping requirements contained in G.S.§ 47-30.

         (a)   All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this section and may be recorded provided the Watershed Administrator initials the vicinity map. Subdivisions within a WS-IV watershed are subject to the provisions of this section only when an erosion and sedimentation plan is required under the provisions of state law or an approved local program unless another stormwater program applies. Local government should always be aware that other post-construction requirements may apply even when water supply watershed protection requirements do not. Subdivisions within the designated watershed area shall comply with the provisions of this division (C) and all other state and local requirements that may apply.

         (b)   Subdivision applications shall be filed with the Watershed Administrator. The application shall include a completed application form, 2 copies of the plat, a description of the proposed method of providing storm waterstorm water drainage, and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board (see Appendix A to Ord. O-16-2024).

         (c)   The Watershed Administrator shall review the completed application and shall either approve, approve conditionally, or disapprove each application. The Watershed Administrator shall take final action within 45 days of submission of the application. The Watershed Administrator or the Board may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. The public agencies may include but are not limited to, the following:

            1.   The NCDOT district highway engineer with regard to proposed streets and highways.

            2.   The director of the Health Department with regard to the proposed private water systems or sewer systems normally approved by the Health Department.

            3.   The state Division of Water Resources with regard to proposed sewer systems normally approved by the Division.

            4.   The state Division of Energy, Mineral, and Land Resources with regard to engineered stormwater controls or storm water management in general.

            5.   The county for subdivisions located in the Extraterritorial Jurisdiction (ETJ) of a municipality.

            6.   Local government entities responsible for proposed sewer and/or water systems.

            7.   Any other agency or official designated by the Watershed Administrator or Watershed Review Board.

         (d)   If the Watershed Administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the Watershed Administrator:

         Certificate of Approval for Recording

      I certify that the plat shown hereon complies with the Watershed Protection Ordinance and is approved by the Watershed Review Board for recording in the Register of Deeds office.

            ________         _________________________

            Date            Watershed Administrator

      NOTICE: This property is located within a Water Supply Watershed - development restrictions may apply.

         (e)   If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and may be entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.

         (f)   As a condition for approval, all subdivision plats shall comply with the requirements for recording of the County Register of Deeds.

         (g)   The plat shall be recorded within 21 days of approval. The subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within five working days.

         (a)   All lots shall provide adequate building space in accordance with the development standards contained in division (D) below. Lots smaller than the minimum required for residential lots may be developed using built-upon area criteria in accordance with division (D).

         (b)   For the purpose of calculating built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed.