(a)

Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

(b)

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

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

A temporary emergency aid facility shall meet all state and local permitting and code requirements, including but not limited to North Carolina building and Fire Code.

(b)

A temporary emergency aid facility located in existing structures and/or newly constructed facilities, which otherwise meet all state and local permitting and code requirements, including but not limited to North Carolina building and Fire Code, shall be authorized to continue without regard to a time limit.

(c)

A temporary emergency aid facility located in mobile units and/or recreational vehicles (RV's) utilized for temporary housing for aid workers, shall remain for 24 months, or the length of the disaster period, whichever is shorter. The operator of the facility may apply to the Planning Director for an extension of up to one year at a time, which shall be evaluated on whether the original need still remains, and whether the facility is being maintained in such a way as to not negatively impact the health, safety and welfare of the community.

(d)

Shall be limited to certified non-profit or faith-based organizations whose primary focus is disaster relief and/or housing rehabilitation, and with a proven record in that field, and the organization shall maintain a register of their participants, to be provided to the Planning Department at least quarterly.

(e)

Mobile units and/or recreational vehicles (RV's) shall be permitted only when connected with a specific, formal disaster declaration.

( Ord. No. 2017.07.01 , 7-12-17; Ord. No. 2021.06.02 , 6-9-21)

(a)

General regulations for temporary storage containers.

(1)

Temporary storage container shall mean any container intended for storing or keeping household goods, other personal property or business related goods that is intended to be filled, refilled or emptied while located outdoors and later removed from the property. The terms temporary storage container, storage container and portable storage container shall be used interchangeably.

(2)

Unattended clothing donation containers are prohibited unless located at the operational site of a company or organization that collects used clothing for resale or donation as a primary business function. An unattended clothing container is any box, bin, dumpster, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the sponsoring company or organization is present to accept donations. Prohibited clothing donation containers that exist at the time this section is adopted shall be removed within 30 days of adoption.

(3)

A temporary storage container may be placed on any property.

(4)

The container shall be located behind the front of the building if access to the rear of the property is possible. The intent is to place the storage container away from public view as much as possible. The storage container shall not be placed on any city street or right-of-way.

(5)

More than one temporary storage container may be placed at a single location provided it meets the regulations of item (4) above.

(6)

A temporary storage container being used for construction purposes may remain during the period of construction but must be removed no later than two weeks following the issuance of the certificate of occupancy.

(7)

City council may suspend all or any part of this section for a certain period of time in case of a disaster or other event resulting in the need for temporary storage use beyond the normal practice.

(8)

Permanent storage buildings and dumpsters for collection of waste are exempt from this section.

(b)

Regulations for residential temporary storage containers.

(1)

A temporary storage container may not exceed 160 square feet in size, nor be more than eight feet in height.

(2)

A temporary storage container must be removed within 30 days of its initial placement on a lot and shall not be replaced for six months from the date of removal. Temporary storage containers may be placed on the property twice during a calendar year. A one-time extension of a 30 day period for moving purposes or other need (example: fire to house) may be granted upon application to the planning and neighborhood services department.

(c)

Regulations for nonresidential (commercial and manufacturing) temporary storage containers.

(1)

A temporary storage container may not exceed 320 square feet in size, nor be more than eight feet in height.

(2)

For the purpose of the item (c) the term "permanent storage unit" shall be any temporary storage container remaining on nonresidential property for more than 90 days. The possessor of the real property and the temporary storage container shall give written application to the planning and neighborhood services department of his/its intent to declare the storage unit as permanent, no later than 90 days of the unit's initial placement on the real property.

(3)

Temporary storage containers shall not be permitted for use as permanent storage units in any zoning district with the exception of M-1, M-2 and B-4 zoning districts.

(4)

Temporary storage containers used as permanent storage units within the excepted zoning districts above-named must meet all codes and regulations applicable to a commercial structure and shall be included as a building structure for calculating stormwater run-off.

(Ord. No. 2010.02.05, 2-8-10; Ord. No. 2012.10.02, § 1; Ord. No. 2021.06.02 , 6-9-21)

(a)

The administrator may issue a permit for a special event pursuant to section 35-52 provided that the duration of the event shall not exceed three weeks and that sufficient assurances have been provided to ensure compliance with the following requirements. Notwithstanding the assurances, a special use permit shall nevertheless be required if the administrator finds that the proposed event would have an extraordinary impact on the neighboring properties or the general public. Further, a special use permit shall be required if the duration of the proposed event exceeds three weeks. In either case, issuance of the permit shall be conditioned upon:

(1)

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

(2)

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

(3)

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

(4)

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

(b)

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

(c)

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

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1030, § 1, 4-18-88; Ord. No. 2021.06.02 , 6-9-21)

(a)

Definitions. In addition to the common meanings of words, the following definitions shall be applicable in this section:

(1)

Personal property means property which is owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

(2)

Yard sale means and includes all general sales, open to the public, conducted from or on a residential zone or property being used as a residence, as defined by the zoning regulations of chapter 35, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sale.

(b)

Property permitted to be sold. It shall be unlawful for any individual to sell or offer for sale, under authority granted by this section, property other than personal property.

(c)

Frequency, duration and hours of operation.

(1)

No more than four yard sales, for no more than two consecutive days each, may be conducted at one residence during any calendar year.

(2)

Such yard sales at a given location shall be spaced at least 90 days from one another.

(3)

Such yard sales shall be limited in time from sunrise until sunset on the days of operation.

(d)

Enforcement of section.

(1)

Criminal remedies. Operating a yard sale within the City of Lumberton or its extraterritorial jurisdiction in violation of this section is punishable as a misdemeanor or by a fine of $250.00. Each day that a person conducts business in violation of this chapter is a separate offense.

(2)

Equitable remedies. In addition to the criminal remedies set forth in subsection (1) of this section, the city may seek an injunction against any person who operates a yard sale in violation of this section under G.S. 160A-175(d).

(e)

Exceptions. Churches, non-profit organizations and other charitable entities who operates yard sales at a location which is owned by the organization, shall be exempt from the provisions of this chapter.

(f)

Parking. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls needed to alleviate any special hazards and/or congestion created by any yard sale.

( Ord. No. 2007.08.01 , 8-26-07; Ord. No. 2021.06.02 , 6-9-21)

A family care home or a handicapped or infirm home shall not be located within a one-half-mile radius of an existing family care home or handicapped or infirm home.

(Ord. No. 866, 2-17-86; Ord. No. 2021.06.02 , 6-9-21)

(a)

A manufactured home park shall meet the following development standards:

(1)

The area of the park shall contain a minimum of six acres and the park shall have a minimum of ten manufactured home spaces available at first occupancy, shall have no more than six manufactured home spaces per gross acre of the park, and shall contain no more than 175 manufactured home spaces.

(2)

Each manufactured home space shall contain a minimum of 7,200 square feet and have a minimum width of 60 feet.

(3)

Each manufactured home and manufactured home space shall have the following:

a.

The manufactured home shall be either a manufactured home, class A or a manufactured home, class B, skirted with vinyl or similar material underpinning;

b.

Wood decking of at least 64 square feet for each home with stairs/steps at each door;

c.

Storage building of at least 100 square feet; and

d.

Parking bay of at least 22 inch by 27 inch with six-inch crushed stone, or equivalent, and two-inch asphalt.

(4)

The minimum setback of a manufactured home and accessory structures shall be 25 feet from a private street within the manufactured home park. Each manufactured home shall have a minimum setback of at least ten feet from an adjoining manufactured home space. The minimum setback of storage buildings, decks, and other accessory structures shall be four feet from an adjoining space.

(5)

Streets within the manufactured home park which are private shall be a minimum of 24 feet in width and be constructed to public street standards of six-inch crushed stone or equivalent and two-inch asphalt.

(6)

The minimum setback of a manufactured home space from a public street shall be 30 feet. A class B type screen shall be installed between the public street and the manufactured home park with a minimum visual obstruction of 75 percent.

(b)

A manufactured home park shall not be located at a site where there exists more than 350 approved manufactured home spaces and other multifamily residential units (including those within the proposed manufactured home park) within a one-half-mile radius of the geographic center of the proposed manufactured home park.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Section 5 of Ord. No. 1581, adopted Nov. 25, 1996, provided as follows:

"Section 5. Effective date. The provisions of this chapter shall be effective for any development constructed pursuant to a permit issued after the date of adoption of this chapter except that the provisions of section 35-167, section 25-164(b), and the provisions of section 35-164(a)(1) which establishes the maximum number of spaces for a manufactured home park shall not apply to any development for which both (a) plans have been filed with the planning and economic development department prior to the date of adoption of this chapter and (b) either (1) the current zoning classification allows the development as proposed or (2) an application for an amendment to a zoning classification which allows the development as proposed has been filed prior to the date of adoption of this chapter and said application has not yet been acted upon by city council."

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-164 in its entirety to read as herein set out. Former § 35-164 pertained to mobile home parks, and derived from Ord. No. 1236, adopted Sept. 24, 1990; Ord. No. 1591, § 1, adopted Nob. 25, 1996.

(a)

A valid special use permit is required prior to the establishment of a nightclub or bar. All of the following standards must be met before a special use permit may be issued.

(1)

All nightclubs and/or bars shall have a public telephone listing.

(2)

The noise levels generated by the operation of such establishment shall not exceed the requirements of chapter 14.1 of this Code of Ordinances on adjoining properties zoned and/or occupied for residential purposes or occupied by a hotel/motel.

(3)

All bars and/or nightclubs shall be located on a collector street or arterial road.

(4)

If alcohol is sold or served at the bar or nightclub, then the business shall at all times hold a valid ABC permit.

(5)

Bars and/or nightclubs as the principal use of a building shall not be located within 1,000 feet of any residential zoning district, any single-family residence, any church or place of worship or any hotel/motel; said measurements being made from the point of the commercial lot line nearest any residential district, use or hotel/motel.

(b)

Grounds for revocation of zoning or special use permit issued under this section. The following grounds shall be in addition to any others listed elsewhere in this chapter.

(1)

A determination that an application contained false or misleading information.

(2)

Violation by the permit holder of any provision of this chapter or violation of any North Carolina statute which results in the revocation of the permit holder's state alcoholic beverage license by the state alcoholic beverage license board or any successor regulatory authority.

(3)

Failure to renew a state liquor license, or, written declaration of abandonment by the tenant and owner of the premises if under lease, or by the owner himself if not under lease.

(4)

Violation by the permit holder of any condition imposed upon the issuance of the zoning or special use permit.

(5)

Violation of any of the minimum standards of the zoning or special use permit.

(Ord. No. 1408, 9-13-93; Ord. No. 1805, 11-27-00; Ord. No. 2010.04.03, 5-11-10; Ord. No. 2021.06.02 , 6-9-21)

(a)

All of the following standards must be met before a zoning and/or special use permit may be issued.

(1)

A valid special use permit is required for restaurants with hours of operation which include the hours of 11:00 p.m. thru 6:00 a.m.

(2)

All restaurants shall have a public telephone listing, i.e. one readily available via telephone book, online or through use of an information operator, in addition to being on file with the city planning department.

(3)

The noise levels generated by the operation of such establishment shall not exceed the requirements of chapter 14.1 of this Code of Ordinances on as to adjoining properties zoned and/or occupied for residential purposes or occupied by a hotel/motel.

(4)

If alcohol is sold or served at the restaurant, then the business shall at all times hold a valid ABC permit.

(5)

Any business providing amplified/live entertainment must obtain a permit as described in Code section 14.1-15.

(b)

The following is a non-exclusive list of items which may be required by the city council as part of the special use permit process described in subsection (a)(1) above:

(1)

Video surveillance, installed in such a way as to meaningfully capture and record the faces of patrons and others in and around the building during a minimum time frame to be set by council depending upon the exact use in question.

(2)

Enhanced exterior lighting, installed such as to provide a safe (i.e. free from all but the smallest environment in the parking lot and other areas immediately surrounding the building.

(3)

Security personnel, in a quantity depending upon the nature and scope of the use, staffed by entities or individuals which can produce documentation of their valid experience in securing the type of facility being proposed.

(c)

The following shall be grounds for revocation of the zoning and/or special use permit issued under this section in addition to any others grounds listed elsewhere in this chapter.

(1)

A determination that an application contained false or misleading information.

(2)

Violation by the permit holder of any provision of this chapter.

(3)

Violation by the permit holder of any condition imposed upon the issuance of the zoning or special use permit.

(4)

Violation of any of the minimum standards of the zoning or special use permit.

(5)

Expiration or revocation of the ABC permit associated with the property.

( Ord. No. 2017.07.02 , 7-12-17; Ord. No. 2021.06.02 , 6-9-21)

(a)

It is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are geographically concentrated thereby creating a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are set forth in this section.

(b)

An adult establishment shall not be located in the following areas:

(1)

Within 500 feet of any property having a residential zoning classification other than the A (agricultural) district.

(2)

Within 1,000 feet of a church, an elementary or secondary school, or a public park or playground.

(3)

Within 1,000 feet of another adult establishment.

(c)

For the purposes of this section, all measurements shall be made by drawing straight lines from the nearest lot line where the proposed adult establishment is to be located to the nearest point of the lot line of the residentially-zoned district, church, elementary or secondary school, or adult establishment from which the proposed adult establishment is to be separated.

(Ord. No. 1445, 6-13-94; Ord. No. 2021.06.02 , 6-9-21)

(a)

Any business desiring to operate as an electronic gaming operation must obtain a special use permit. Special use permit for electronic gaming operations can only be applied for in zoning districts B-4, B-5, and B-7.

(b)

The following will require a special use permit under this section:

(1)

The opening or commencement of an electronic gaming operation as a new business;

(2)

The conversion of an existing business, whether or not an electronic gaming operations, to any of the electronic gaming operations defined herein;

(3)

The addition of any of the features of one or more of the electronic gaming operation defined herein to an existing business;

(4)

The addition of any of the electronic gaming operations defined herein to any other existing electronic gaming operation; or

(5)

The relocation of any electronic gaming operation.

(c)

Days/hours of operation: An electronic gaming operation may operate from 8:00 a.m. until 10:00 p.m. Monday thru Saturday, closed on Sundays. If the electronic gaming operation is an accessory use, the primary use may continue to operate during its normal business hours.

(d)

Number of machines/terminals/computer for any electronic gaming operation: One unit per 50 square feet of gross floor area designated for the electronic gaming operation. The maximum number of machines/terminals/computer for any electronic gaming operation is 40.

(e)

The machines/terminals/computers used by an electronic gaming operation must not be prohibited by state or federal law and must have all applicable permits and licenses.

(f)

If food or beverages are served by an electronic gaming operation, the establishment must meet the requirements of the Robeson County Department of Health, and all state law requirements.

(g)

The consumption of alcoholic beverages on premises is prohibited unless the owner or operator has secured appropriate state alcoholic beverage permit(s).

(h)

Lighting shall be kept on the parking surfaces associated with an electronic gaming operation during the hours of operation which are within sunset to sunrise.

(i)

An electronic gaming operation must meet a parking requirement of one space for every 200 square feet of gross floor area plus three additional parking spaces.

(j)

An electronic gaming operation shall not be located within 1,000 linear feet of any:

(1)

Other electronic gaming operation,

(2)

Residential zoning district,

(3)

Single-family residence,

(4)

Church or place of worship,

(5)

Public or private daycare center,

(6)

Public or private school,

(7)

Government building,

(8)

Public park, playground, or library,

(9)

Adult establishment,

(10)

Group care, facilities for the care of the aged or infirm, or congregate care facilities, or

(11)

Cemetery.

- The required separation from the above listed places applies whether a use indicated in (a) to (j) is the principal use or an accessory use of the property.

- Distances shall be measured from the closest point of a lot line of each of the two properties in question.

(k)

All electronic gaming machines shall be open for direct, unobstructed access by police officers, fire department personnel, and emergency response personnel, and shall be visible from the main entrance of the involved electronic gaming operation.

(l)

electronic gaming operation shall permit, allow, or condone the use of an electronic gaming machine by any person under the age of 18.

(m)

A $200.00 civil penalty per day per violation and/or a criminal misdemeanor, punishable as provided in G.S. 14-4, with a maximum fine of up to $500.00 per day per violation may be issued for a violation of any part of this chapter. The penalty or fine may be imposed upon the owner, the operator, or both.

(n)

This section shall not apply to any lottery endorsed, approved, or sponsored by the State of North Carolina nor to arcade games of skill which don't involve the use of electronic machines.

(Ord. No. 2021.06.02 , 6-9-21)

(a)

A multifamily residential development shall contain no more than 175 units.

(b)

A multifamily residential development shall not be located at a site where there exists more than 350 approved multifamily residential units (including approved manufactured homemanufactured home spaces and those within the proposed multifamily residential development) with a one-half-mile radius of the geographic center of the proposed multifamily residential development.

(Ord. No. 1591, § 3, 11-25-96; Ord. No. 2021.06.02 , 6-9-21)

Note— See editor's note following § 35-164.

(a)

All towers and antennas shall be designed and built to hold multiple antenna arrays according to the following schedule:

If determined by the city that the proposed tower is situated in a location which will benefit the city's telecommunications system, the tower system shall be designed and built to accommodate the city's telecommunication equipment.

(b)

All towers and antennas shall be painted a neutral color. Towers and antennas requiring lighting shall apply to the Federal Aviation Administration for permission to use dual lighting with red/medium intensity flashing white systems (Cross-reference FAA Advisory Circular No. 70/7460-IJ).

(c)

Setbacks from residentially zoned property (except property zoned "Agriculture") and from major thoroughfares shall be twice the height of the tower, as shown in the table immediately following:

The setback shall be measured from the base of the tower to the nearest residential property line.

(d)

In property zoned A (agriculture), M-1 or M-2 Industrial, the setback from residentially developed property lines shall be equal to the height of the tower, as shown in the table immediately following:

The setback(s) shall be measured from the base of the tower to the nearest residential property line. (See also subsection (g) below.)

(e)

Antennas attached to existing structures or buildings or antennas and/or towers disguised to look like an integral, architecturally compatible part of another structure or building are not subject to the requirements of this section.

(f)

Towers shall be setback from property lines as required by the standards of the zoning district in which the tower is located.

(g)

Minimum setbacks from property lines. Minimum setbacks shall be measured from the base of the tower to the nearest residential property line or thoroughfare. If a tower is placed on the leased portion of a lot, setbacks shall be measured from the boundaries of the leased parcel instead of the property line.

(h)

Minimum lot size for any communication tower which is a principal use shall be 10,000 square feet.

(i)

Reasonable evidence that the applicant has attempted to collocate on existing tower/antennas within an expanded search area. Expanded search area is defined as the applicant's search area certified by a registered professional engineer plus a contiguous area at least 25 percent of the radius measured from the central point of the search area to the farthest extent of the search area.

(j)

Maximum height limits for all towers is 300 feet.

(k)

Abandonment. If any tower shall cease to be used for a period of 365 consecutive days, the planning director shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the planning director that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the planning director shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.

(Ord. No. 1658, 4-27-98; Ord. No. 2021.06.02 , 6-9-21)

(a)

Low density development standards.

(1)

Watershed critical areas.

a.

Single-family residential development shall not exceed two dwelling units per acre with a minimum lot sized of 20,000 square feet. No residential lot shall be less than 20,000 square feet. Approved cluster developments are also permitted. (Cross-reference section 35-170, Cluster development.)

b.

All other residential and nonresidential development shall not exceed 24 percent built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

(2)

Watershed protected areas.

a.

Single-family residential development shall not exceed either:

1.

Two dwelling units per acre with a minimum lot size of 20,000 square feet; or

2.

Three dwelling units per acre or 36 percent built upon area coverage for all projects without curb-and-gutter street systems or 15,000 square feet for projects without a curb and gutter system;

3.

Approved cluster developments are also permitted. (Cross-reference section 35-170, Cluster development.)

b.

All other residential and nonresidential development shall not exceed:

1.

Twenty-four percent built-upon area. For projects without a curb and gutter street system, development shall not exceed 36 percent built-upon area; or

2.

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

(b)

High density development standards.

(1)

The city council may approve high density development proposals consistent with the following standards:

a.

WS-IV watershed area—Critical area (WS-IV-CA). Where new development requires a sedimentation/erosion control plan and exceeds either two dwellings per acre or 24 percent built-upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and new development shall not exceed 50 percent built-upon area.

b.

WS-IV watershed area—Protected area (WS-IV-PA). Where new development requires a sedimentation/erosion control plan and exceeds either two dwelling units per acre, 24 percent built-upon area or three dwelling units per acre or 36 percent built-upon area for projects without curb and gutter street system, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 70 percent built-upon area.

(2)

High density development shall be permitted by special use permit, consistent with the provisions of article IV.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

Clustering of development is allowed in all watershed protection overlay districts under the following conditions:

(a)

Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments in section 35-169. Built-upon area of the project shall not exceed that allowed for the critical area or protected area, whichever applies. Cluster development meeting the low density option shall transport stormwater runoff from the development by vegetated conveyances to the maximum extent practicable.

(b)

All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas and maximize the flow length through vegetated areas.

(c)

The remainder of the tract shall remain in a vegetated or natural state.

(d)

The title to the open space area shall be conveyed to a property owners' association, a local government for preservation as a park or greenway, a conservation organization, or placed in a permanent conservation or farmland preservation easement.

(e)

A maintenance agreement for the vegetated or natural area shall be filed with the register of deeds.

(f)

Section 35-187, Cluster subdivisions, does not apply in the watershed protection overlay districts.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

A minimum of 100-foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1.24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial streambank or shore line stabilization is permitted.

(b)

No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

No area required for the purpose of complying with the provisions of this chapter shall be included in the area required for another building.

(b)

Existing development, as defined in section 35-15, is not subject to the requirements of this chapter. Expansions to existing development must meet the requirements of this chapter; however, the built-upon area of the existing development is not required to be included in the density calculations.

(c)

A pre-existing lot owned by an individual prior to the effective date of this chapter, regardless of whether or not a vested right has been established, may be developed for single family residential purposes without being subject to the restrictions of this chapter. However, this exemption is not applicable to multiple contiguous lots under single ownership.

(d)

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

(e)

Every residential building hereafter erected, moved or structurally altered shall be located on a lot which conforms to the regulations herein specified, except as permitted in sections 35-123 et seq.

(f)

If a use or class of use is not specifically indicated as being allowed in a watershed protection overlay district, such use or class of use is prohibited.

(g)

Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed so to minimize their impact on water quality.

(h)

Stormwater runoff from all developments shall be transported by vegetated conveyances (such as swales, ditches, streams) to the maximum extent practicable.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

Any existing development as defined in section 35-15, may be continued and maintained subject to the provisions provided in article VIII. Expansions to existing development must meet the requirements of article VIII, however, the built-upon area of the existing development is not required to be included in the density calculations.

(a)

Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided:

(1)

Repair or reconstruction is initiated within 12 months and completed within two years of such damage.

(2)

The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

All engineered stormwater control structures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent that the G.S., ch. 89A, allow. Other stormwater systems shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent that the G.S., ch. 89A, allow and land surveyors to the extent that the design represents incidental drainage within a subdivision, as provided in G.S. 89(C)-3(7).

(b)

All stormwater controls shall use approved stormwater management devices as primary treatment systems. Such devices shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Such devices shall be:

(1)

Stormwater management devices shall be designed to remove 85 percent of total suspended solids and to control runoff from a one-inch rainfall from the site above the stormwater management device;

(2)

All detention and retention facilities that have a maximum storage volume less than one acre-foot shall be designed to safely pass the peak discharge from the ten-year, one-hour duration rainfall event with one foot of freeboard.

(3)

All detention and retention facilities that have a maximum storage volume greater than or equal to one acre-foot shall be designed to safely pass the peak discharge from the 100-year, 24-hour duration rainfall event without causing damage or flooding to adjacent properties.

(c)

If a wet detention pond is used as the stormwater control device, a description of the area containing the stormwater control structure shall be prepared and filed consistent with section 35-170, as a separate deed, with the Robeson County Register of Deeds along with any easement necessary for general access to the wet detention pond. The deeded area shall include the detention pond, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs and reconstruction.

(d)

Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

All new stormwater control structures and devices shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance of the stormwater control structures.

(b)

Financial assurances shall be in the form of the following:

(1)

Security performance bond or other security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to city or placed in escrow with a financial institution designated as an official depository of the city. The bond or other instrument shall be in an amount equal to one and one quarter times the total cost of the stormwater control structure, as estimated by the applicant and approved by the city council. The total cost of the stormwater control structures and devices shall include the value of all materials such as piping and other structures; seedings and soil stabilization; design and engineering; and grading, excavation, fill, etc. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization.

(2)

Cash or equivalent security deposited after the release of the performance bond. Consistent with subsection 35-175(b)(1), the permit applicant shall deposit with the city either cash or other instrument approved by the city council that is readily convertible into cash at face value. The cash or security shall be in an amount equal to 15 percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten-year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under subsection 35-176(a). The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by 2/5 or 0.4.

(c)

Consistent with section 35-176, the permit applicant shall enter into a binding operation and maintenance agreement between the city and all interests in the development. Said agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure and/or device in accordance with the operation and maintenance plan or manual provided by the developer. The city manager is hereby authorized to execute the operation and maintenance agreement in behalf of the city. The operation and maintenance agreement shall be filed with the Robeson County Register of Deeds by the director of planning and neighborhood services.

(d)

Default under the performance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as enumerated in the performance bond or other security, the city may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The city shall return any funds not spent in completing the improvements to the owning entity.

(e)

Default under the cash security. Upon default the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and maintenance agreement, the city shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the operation and maintenance agreement. The city shall not return any of the deposited cash funds.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operation and maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.

(b)

Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.

(c)

With the exception of general landscaping and grounds management, the owning entity shall notify the director of planning and neighborhood services prior to any repair or reconstruction of the stormwater control structure or device. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. The director of planning and neighborhood services shall inspect the improvements during construction and shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. It shall be the responsibility of the owning entity to request inspection of any improvements pursuant to a schedule established by the director of planning and neighborhood services. The director of planning and neighborhood services may consult with an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) designated by the city council.

(d)

Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the city council. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) and submitted to and reviewed by the director of planning and neighborhood services prior to consideration by the city council.

(1)

If the city council approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the director of planning and neighborhood services.

(2)

If the city council disapproves the changes, the proposal may be reviewed and resubmitted to the city council as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.

(e)

If the city council finds that the operation and maintenance plan or manual is inadequate for any reason, the city council shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Robeson County Register of Deeds, the director of planning and neighborhood services and the owning entity.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

The stormwater control structure shall be periodically inspected by the director of planning and neighborhood services during construction. Upon final inspection, the owning entity shall provide:

(1)

The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Robeson County Register of Deeds;

(2)

A certification sealed by an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.

(b)

The director of planning and neighborhood services shall present the materials submitted by the developer and the inspection report and recommendations to the city council at its next regularly scheduled meeting.

(1)

If the city council approves the inspection report and accepts the certification, deed and easements, the city council shall file the deed and easements with the Robeson County Register of Deeds. The city council may release a maximum of 75 percent of the value of the performance bond or other security and issue a certificate of occupancy.

(2)

If deficiencies are found, the city council shall direct that improvements and inspections be made and/or documents corrected and resubmitted to the city council.

(c)

No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the city council to release the remaining value of the performance bond or other security. Upon receipt of said petition, the director of planning and neighborhood services shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The director of planning and neighborhood services shall present the petition, inspection report and recommendations to the city council.

(1)

If the city council approves the report and accepts the petition, the developer shall deposit with the city council a cash amount equal to that described in subsection 35-175(b)(2) after which, the city council shall release the performance bond or other security.

(2)

If the city council does not accept the report and rejects the petition, the city council shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security.

(d)

No certificate of occupancy shall be issued for any building within the permitted development until the city council has approved the stormwater control structure, as provided in sections 35-169(b) and 35-174.

(e)

All stormwater control structures shall be inspected at least annually to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of filing date of the deed for the stormwater control structure.

(f)

In the event the director of planning and neighborhood services discovers the need for corrective action or improvements, the director of planning and neighborhood services shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the director of planning and neighborhood services shall inspect and approve the completed improvements. The director of planning and neighborhood services may consult with an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) designated by the city council.

(g)

Appeals of any order, requirement, decision or determination made by the director of planning and neighborhood services may be made to and decided by the city council.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

An organized shelter Type A shall meet all of the following standards:

(1)

The shelter may not operate kitchen facilities for the preparation of meals, but light snacks and hot beverages may be served.

(2)

The shelter shall provide 50 square feet of sleeping space per person.

(3)

The shelter will conform to all applicable health, building codes, licensing laws and regulations.

(4)

The shelter operators will provide an employee or volunteer to maintain continuous on-site supervision of the shelter during the shelter's hours of operation.

(5)

No shelter shall be located within one and one-half mile radius (determined by straight line and not street distances) of another organized shelter Type A, Type B or Type C.

(b)

An organized shelter Type B shall meet all of the following standards:

(1)

The organized shelter Type B shall house no more than 15 individuals at any one time.

(2)

No individual shall remain in any one shelter longer than 30 consecutive days per calendar year. No individual shall be readmitted to any organized shelter Type B until at least 14 days have elapsed from his last residency at that shelter.

(3)

No counseling or therapeutic activities shall be conducted in an organized shelter Type B. Referral of residents to employment agencies and other personal service agencies shall not be deemed to be counseling.

(4)

The shelter operators will provide an employee or volunteer to maintain a continuous on-site supervision of the shelter.

(5)

No organized shelter Type B shall be located within a one and one-half mile radius (determined by straight line and not street distances) of another organized shelter Type A, Type B or Type C.

(c)

An organized shelter Type C shall meet all of the following standards:

(1)

The organized shelter Type C shall house no more than 45 individuals at any one time.

(2)

No individual shall remain in any one shelter longer than 90 consecutive days per calendar year. No individual shall be readmitted to any organized shelter Type C until at least 30 days have elapsed from his last residency at that shelter.

(3)

Counseling and/or therapeutic activities may be conducted in an organized shelter Type C.

(4)

The shelter operators shall provide at least one employee or volunteer at all times to maintain continuous on-site supervision of the shelter.

(5)

No organized shelter Type C shall be located within a one and one-half mile radius (determined by straight line and not street distances) of another organized shelter Type C, an organized shelter Type B or an organized shelter Type A.

(Ord. No. 1771, 1-10-00; Ord. No. 2013.10.02, § 1, 10-9-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

A manufactured home sales establishment must meet the following additional minimum development standards:

(1)

The area of the manufactured home sales establishment shall contain a minimum of three acres.

(2)

All manufactured home display units shall observe a 20-foot setback from any street right-of-way and ten feet from lot boundary lines.

(3)

All new manufactured homes sales developments must meet the requirements of section 35-269.3 (Stormwater management). All roof area of display homes and travel areas with required gravel coverage shall be considered to be an impervious surface.

(b)

Subsection (a) does not apply to manufactured home sales establishments that do not have manufactured home display units.

(Ord. No. 1762, 12-13-99; Ord. No. 2018.01.02 , 1-10-18; Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 1762, adopted Dec. 13, 1999, amended the Code by adding provisions intended for use as § 35-171. Inasmuch as there were already provisions so designated, the provisions have been added as § 35-179 at the discretion of the editor.

(a)

Regulations for the display of goods outside fully enclosed building in the B-1 (Business Downtown) Zoning:

(1)

Merchandise and the fixtures or devices on which it is displayed shall be located so that they do not impede, endanger or interfere with pedestrian or vehicular traffic.

(2)

Merchandise and the fixtures or devices on which it is displayed shall be located so that a minimum of five feet of passage for pedestrian traffic shall be provided at all times.

(3)

No fixtures or devices on which outdoor merchandise is displayed shall be attached to the sidewalk or other public area.

(4)

Outdoor merchandise areas will be permitted only adjacent to the building or structure in which the retail business is located. Outdoor merchandise areas shall not be permitted next to the curb of the street or in the middle of the sidewalk or in any roadways.

(5)

Merchandise and the fixtures or devices on which the merchandise is displayed must not block regulatory signs, crosswalks or intersections and shall be sufficiently noticeable during times of low light in order to provide for safe pedestrian passage alongside the outdoor merchandise area.

(6)

All merchandise and the fixtures or devices on which the merchandise is displayed shall be moved inside the building or structure wherein the retail business is located during hours the retail business is not operated and during inclement weather, including, but not limited to, heavy rain, wind, ice or snow.

(7)

All merchandise and the fixture or devices on which the merchandise is displayed must be secured so that it may not be dislodged by slight windy conditions or the passing of pedestrian or vehicular traffic.

(8)

In the event of a declared emergency or in a situation where exigent circumstances arise, a permit holder shall remove all articles from the sidewalk when directed to do so by any law enforcement officer, fire official or emergency medical personnel.

(9)

The permit holder for the outdoor merchandise area shall be responsible for the maintenance, upkeep and security of the fixtures or devices on which the merchandise is displayed and the city shall not be responsible for the same.

(10)

The permit holder for the outdoor merchandise area shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise area.

(11)

The permit holder for the outdoor merchandise area shall not have on the premises any devices to attract the attention of possible customers nor shall the permit holder use any such devices to attract attention.

(12)

Signs used in the outdoor merchandise area shall be affixed to the item for sale or display or to the display device and limited to the price of the object for sale, affixed to the item for sale and shall not exceed a size two square feet.

(13)

Outdoor merchandise areas shall not contain any live animals.

(14)

A zoning permit (or use permit) issued by the planning department is required.

(15)

Fees for this permit shall be set forth, annually, by city council, in the city's budget ordinance.

(16)

The erection or display of tents for outdoor sales is not permitted.

(17)

Outdoor sales shall only be associated with existing retail businesses located in the downtown area, and shall be located adjacent to the associated retail business.

(18)

Outdoor sales is not permitted on vacant lots.

(19)

This article shall not create liability on the part of the City of Lumberton or by any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(20)

Sanctioned city functions are exempt.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, repealed § 35-180, which pertained to Use No. 6.160 electronic gaming operations and derived from Ord. No. 2014.05.01, adopted May 12, 2014, and Ord. No. 2017.12.03, adopted Dec. 6, 2017. Said ordinance also renumbered § 35-180.5 as 35-180 and amended the new § 35-180 in its entirety to read as herein set out. Former § 35-180.5 pertained to display of goods outside fully enclosed building in the B-1 (business downtown) zoning district, and derived from Ord. No. 2016.08.06 , § 2, adopted Aug. 8, 2016.