Motorist Service, Office-Laboratory, and Production-Distribution Districts and regulations are hereby established in order to achieve among others, the following purposes:

   (a)    To provide appropriate, convenient and ample districts for motorists services, office and research activities, and the production and distribution of goods other than goods offered for sale at retail to the ultimate consumer, in order to serve and promote economic development of the Municipality and to utilize the extraordinary transportation facilities; more specifically:

      (1)    To provide Motorist Service Districts in convenient areas directly related to the freeway interchange to serve the needs of the through and local motorist, and

      (2)    To provide Office-Laboratory Districts in close proximity to the freeway system so as to be accessible to widely dispersed administrative and technical personnel in the region, and

      (3)    To provide Production-Distribution Districts near the freeway system for uses which generate relatively large volumes of traffic, so as to be accessible to a large labor force throughout the region, and

   (b)    To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities, and by regulating the access to streets, and

   (c)    To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, which would create objectionable influences, and

   (d)    To provide for the immediate development and protection of the area in the vicinity of the Wilson Mills interchange while a comprehensive plan is being prepared. (Ord. 763. Passed 9-17-62; Ord. 74-17. Passed 4-15-74.)

   (a)    In order to carry out the purposes of this chapter the Motorist Service District, Office-Laboratory District and Production-Distribution District regulations are hereby established. Whenever the abbreviated terms M-S, O-L or P-D are used in this chapter, they shall be construed as referring to the respective district titles.

   (b)    Buildings and land shall be used only for the uses specifically set forth as permitted in the districts and not for uses enumerated in a prior or subsequent use classification of the Zoning Code or this chapter unless such uses are specifically permitted.

   (c)    The uses set forth as permitted main buildings or main uses in certain districts shall be the only buildings and uses permitted therein by right. The uses set forth in certain districts as permitted accessory buildings or uses shall be permitted therein by right as a subordinate building or use provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.

   (d)    A building designed and occupied as a residence cannot be occupied in part or wholly for another use unless the building is redesigned to express the new function and reconstructed to the extent that it will fully accommodate the proposed use, and a lot occupied by a dwelling shall not be occupied by any other use permitted herein.

   (e)    The continuation, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of all buildings and uses shall also be subject to all lot area and yard regulations, building area, bulk, coverage and height regulations, off-street parking, loading and access regulations, performance standards, approval of development plans and all other applicable regulations of this chapter.

   (f)    In the event that a building or group of buildings contain two or more uses, the Building Commissioner shall submit a written report each year to Council relating to the compliance of all the applicable regulations of this chapter.

(Ord. 91-20. Approved by voters 11-5-9l.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part only for the main or accessory uses set forth in the following schedules and regulations.

(Ord. 763. Passed 9-17-62.)

   (a)    Motorist Service District.

      (1)    Main buildings and uses.

         A.    Automotive facilities.

            1.    Service stations for the sale of gasoline and oil in open areas; the sale of accessories, the lubrication and performing of minor repairs to tires, batteries, ignition and cooling systems within wholly enclosed buildings.

            2.    Garages for the repair of automobile motors within wholly enclosed buildings.

            3.    Open parking facilities for automobiles, except that the parking of used cars for sale or the storage of abandoned used cars shall not be permitted in any open areas.

         B.    Lodging facilities. Motel accommodations for automobile travelers.

         C.    Eating places. Serving food and beverages in wholly enclosed buildings provided that no drive-thru window service is available.

      (2)    Accessory buildings and uses.

         A.    Off-street parking facilities.

         B.    Restaurants and assembly rooms in connection with motels.

         C.    Snack bars in connection with service stations and motels.

         D.    Swimming pools and other recreational facilities in connection with motels.

            (Ord. 89-23. Approved by voters 11-7-89.)

   (b)    Office-Laboratory District.

      (1)    Main buildings and uses.

         A.    Offices: Professional, financial, public utility, executive, administrative and sales offices.

         B.    Laboratories: Experimental, research and testing, all types of basic and applied research of product design and development, including but limited to the construction and operation of small-scale experimental operations.

      (2)    Accessory buildings and uses.

         A.    Off-street parking and loading facilities.

         B.    Maintenance and storage facilities within wholly enclosed buildings.

         C.    Employees' lunch rooms.

   (c)    Production-Distribution District.

      (1)    Main buildings and uses.

         A.    Offices and laboratories: as permitted in an Office-Laboratory District.

         B.    Metal production: Cutting, casting, stamping, electric welding, grinding, machining and finishing as incidental component operations, but not as a single operation only, in the production and/or assembly of products which have a high value in relation to bulk, limited to the following products:

            1.    Automotive and aircraft parts.

            2.    Electrical equipment, radio and television, motors.

            3.    Electric appliances, lamps, fixtures and clocks.

            4.    Hardware, cutlery, kitchen utensils.

            5.    Musical and scientific instruments.

            6.    Medical, orthopedic and photographic instruments and equipment.

            7.    Sporting goods, athletic equipment, toys.

         C.    Nonmetal production:

            1.    Clothing and other textile products.

            2.    Pharmaceutical products: compounding of cosmetics, drugs and toiletries.

            3.    Plastics: extrusion, moulding and fabricating of panels, sheets, tubes and rods.

            4.    Printing, publishing and engraving.

            5.    Wood: fabrication of furniture, cabinets and other wood products.

               (Ord. 763. Passed 9-17-62.)

         D.    Distribution operations:

            1.    The storage, distribution or display of goods for sale, other than goods offered for sale at retail to the ultimate consumer, of those products which are produced in this district and the storage and distribution of foods and beverages offered for sale other than for sale at retail to the ultimate consumer.

            2.    Other products, if the Planning and Zoning Commission finds the product to be similar and conforms with the basic characteristics of the enumerated permitted uses, and approves inclusion of the product.

                (Ord. 74-17. Passed 4-15-74. )

         E.    Other main buildings and uses: Postal stations; telephone exchange; electrical distribution substation.

      (2)    Accessory buildings and uses.

         A.    Off-street parking and loading facilities, parking garages.

         B.    Maintenance and storage facilities within wholly enclosed buildings.

         C.    Incineration facilities in accordance with specific standards.

            (Ord. 763. Passed 9-17-62.)

   Every lot or parcel shall be of sufficient size to accommodate the main and accessory buildings or uses and the required yards and space for future expansion, and every lot occupied by a main building or use shall comply with the lot area, lot width, the percentage of lot coverage (by the buildings) and the landscaped areas for the various districts as follows:

   (a)    Schedule of Lot Area Regulations.

(Ord. 91-20. Approved by voters 11-5-91; Ord. 97-41. Passed 11-17-97.)

   (b)    General Area Regulations.

      (1)    The lot area, as set forth in the above schedule, shall be the area of any lot or lots comprising a development, excluding the right of way of an existing or planned and duly approved future street, or planned street widening, and it shall be construed to encourage larger parcels for each development so as to provide space for expansion of main and accessory uses.

      (2)    If a subdivision of not less than fifty acres is planned and submitted for approval as provided in Section 1173.10, the lot areas set forth in the above schedule may be construed as average lot areas and up to twenty percent of the lots may be less than the minimum area set forth, provided all other regulations are complied with.

      (3)    The lot width shall be the minimum distance any lot abuts a street line and the average width of any lot, and it shall be construed to encourage wider lots for each development.

      (4)    The lot coverage shall be the maximum percentage of the total ground floor area of all the buildings that cover any lot, and it shall be construed to encourage lower coverage initially so that the establishment may expand.

      (5)    The landscaped areas shall be the minimum percentage of that part of any lot which is not covered by the buildings, parking areas, driveways, swimming pool or similar permitted outdoor use, and it shall be construed that it may be necessary to further increase the landscaped areas in providing the yards required under Section 1173.05. The landscaped areas shall be developed and maintained as lawns along with trees and shrubs, or maintained in an orderly natural state.

      (6)    The lot area occupied by a motel shall be not less than set forth in subsection (a) hereof, or not less than 1,000 square feet of lot area for each lodging unit, whichever is the greater. Each lodging unit shall be comprised of at least 275 square feet of floor area; shall not contain more than two sleeping rooms, and shall not contain cooking facilities.

         (Ord. 69-29. Passed 7-21-69.)

   Front, side and rear yards shall be provided on every lot occupied by a main or accessory building or use in a district established under this section in accord with the following regulations and schedules:

   (a)    Schedule of Yard Regulations.

   *    Total of sixty feet with a minimum of fifteen feet on one side, with the proviso that there be at least sixty feet of side yard between buildings.

   (b)    General Yard Regulations.

      (1)    Front yards. Front yards shall be provided of a depth not less than set forth in the above schedule where abutting Wilson Mills Road or S. O. M. Center Road and where abutting a secondary street such as the street to serve office-laboratory and production-distribution developments, unless shown otherwise on the Zone Map or required otherwise on an approved development plan, in which case the dimensions established on the Map or plan shall prevail. The setbacks set forth above for uses abutting a major street shall be measured to the present center line of the street; the front yards for uses abutting a secondary street shall be measured from the planned or existing street right-of-way line, whichever is the greater. The front yards for local streets shall be established on the development plans. Front yards may be used for driveways and visitor parking, except no visitor parking shall be allowed in the required setbacks. However, any accessory parking or service areas shall be physically separated from the street by a curb and planting strip or other suitable barrier to prohibit unchanneled motor vehicle access or egress, except onto accessways as hereinafter set forth.

      (2)    Side and rear yards. A side and rear yard shall be provided between the buildings or uses and the side lot lines. The yards shall be measured from the building wall or open use to the nearest lot line. Where a permitted main use occupies a lot which adjoins a side or rear yard of a residential district line, yards shall be provided in accordance with the above schedule of yard regulations. Where a permitted main use occupies a lot which adjoins or is within a Motorist Service, Office-Laboratory or Production-Distribution District, the side or rear yards shall be not less than set forth in the schedule unless required otherwise on an approved development plan. Accessory off-street parking and loading areas shall be permitted in a required side or rear yard. Outdoor storage of raw materials, products, equipment and vehicles shall not be permitted unless a conditional use permit is granted by the Planning and Zoning Commission.

   (c)    Landscaping of Yards. Every required yard in which no off-street parking or loading spaces are permitted and any additional required landscaped open areas as required in Section 1173.04, shall be developed as lawn or planted areas or maintained in an orderly natural state. The Commission may also require a fence, wall or hedge where a certain use adjoins a rear or side yard of a residential district and such structure or hedge is determined as necessary to further protect such residential property.

   (d)    Illumination. Sources of light for illumination of the exterior of buildings or grounds shall be shielded so as not to cause glare which would be hazardous to auto drivers or would be objectionable to users of adjacent property.

      (Ord. 69-29. Passed 7-21-69; Ord. 97-41. Passed 11-17-97 ; Ord. 2022-10. Passed 8-15-22 .)

   Height of the buildings permitted in the Motorist Service, Office-Laboratory and Production-Distribution Districts, shall not exceed thirty-five feet, exclusive of towers, cornices or similar features.

(Ord. 763. Passed 9-17-62.)

   EDITOR’S NOTE: See Chapter 1183.

   Every performance standard, set forth herein, if deemed applicable by the Planning and Zoning Commission, shall be complied with as a precedent to occupancy of any use in a Motorist Service, Office-Laboratory and Production Distribution District.

   (a)    Enclosure. All permitted main and accessory uses and operations shall be performed wholly within an enclosed building or buildings. All raw materials, finished products, mobile and other equipment shall be stored within buildings. However, outdoor overnight parking of cargo carriers in the process of loading or unloading shall be permitted.

   (b)    Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

   (c)    Waste Materials. A separate storm sewer system shall be provided to receive storm water; other liquid wastes shall be discharged into a sanitary sewer system. No wastes shall be discharged into any sewer system which is inimical to the sewage treatment process. Solid wastes shall be stored in structures pending disposal.

   (d)    Dust; Smoke. Electricity, gas or fuel oil shall be used for heating and supplying power.

   (e)    Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

   (f)    Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

   (g)    Noise. The sound pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district, and no sound shall be objectionable due to intermittence, beat frequency or shrillness.

   (h)    Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.

   (i)    Radioactive or Electrical Disturbance. Radioactive or electrical disturbances shall not be created which would adversely affect any equipment at or beyond the boundaries of the lot occupied by the use.

      (Ord. 763. Passed 9-17-62.)

   (EDITOR'S NOTE: Reserved for future legislation. See Chapter 1185 for sign regulations.)

   Preliminary and final site development plans shall be prepared by the developer for all proposed developments and submitted to the Planning and Zoning Commission for review and approval.

   (a)    Submittal. Plans for a development shall be drawn at a scale of not less than fifty feet to the inch and a plan for a division or development of a group of lots shall be drawn at a scale of not less than 100 feet to the inch and shall include:

       (1)    Survey. Property and topography, showing land owned and proposed for development, surrounding streets and the adjoining lots.

      (2)    Buildings. Locations, size, height and use of all proposed main and accessory buildings; the general design, materials and color; the nearest buildings on adjoining lots.

      (3)    Traffic. Proposed system of on-site vehicular circulation, details for accessways to streets, methods for control of traffic, type of pavement.

      (4)    Parking areas. Layout and estimate of number of spaces, landscaping and other design features, type of pavement.

      (5)    Utilities. Location, size and grade for all utility installations, connections to present or proposed facilities.

      (6)    Grading, drainage, landscaping. Other site developments, including grading and drainage, designs of landscaped yards, planting areas and buffers adjoining residential areas; the size, location and type of all outdoor signs; exterior lighting.

   (b)    Approval.

      (1)    The preliminary development plan shall be submitted to the Planning and Zoning Commission for study and review to determine whether the plan conforms with the provisions of the regulations set forth in this chapter or how it may be revised to conform therewith.

      (2)    If the preliminary development plan, together with any modifications thereof proposed by the developer is found by the Commission to be in accord with the requirements of this chapter, it shall approve such preliminary development plan within two months from the date of the meeting when all required plans and data were received; if not found to be in agreement therewith, the Commission shall recommend revisions to be made by the developer.

      (3)    The Commission in reviewing the proposed preliminary development plan for conformity to the provisions of this chapter, shall construe the provisions liberally and it may make adjustments to certain yard and area requirements and other standards if it finds, because of skillful design in the arrangement of buildings, the layout of driveways, on-site circulation and parking areas, the design of landscaping or other site features, that functional, efficient and attractive buildings and sites, openness and other amenities will be attained and that the intent and purposes of the provisions are satisfactorily fulfilled. And, on the other hand, where a literal application of the provisions would result in a development which would not be satisfactory for the district, the Commission may require adjustments in the preliminary development plan, such as improvements to the design and arrangement of buildings, yards, on-site circulation, control of access to streets and such other features as fences and planting to further improve the proposed development and to protect the surrounding developments.

      (4)    Upon approval of a preliminary development plan, the developer may prepare a final development plan and submit it to the Planning and Zoning Commission. If the proposed final development plan is found to comply with and represents a detailed expansion of the preliminary development plan as previously approved and complies with any conditions which may have been imposed in the approval of the preliminary plan, and complies with all applicable provisions of this chapter, the plan shall be approved within forty-five days from the date of the meeting when all required plans and data were received. Upon recommendation of the final development plan by the Commission and the Architectural Review Board and approval by Council, the developer may then apply for a building permit which shall be issued by the Building Commissioner if the final development plan is found to comply with the Building Code and other applicable regulations of the Municipality.

   (c)    Revision; Cancellation. The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plan. Failure to begin the construction of all or a substantial portion of the improvements approved by the final development plan within one year after the issuance of a permit shall make null and void the plan as approved unless an extension of time is granted by Council.

      (Ord. 763. Passed 9-17-62.)

   (a)    The following sections of the Zoning Code, as amended, continue to apply specifically to Motorist Service Districts, Office-Laboratory Districts and Production-Distribution Districts:

       (1)    Section 1145.01 Definitions.

       (2)    Section 1149.01 Enforcement.

       (3)    Section 1149.03 Filing Fees.

       (4)    Section 1149.04 Interpretation.

       (5)    Section 1149.05 Completion and Restoration of Existing Buildings.

       (6)    Section 1149.06 Nonconforming Uses.

       (7)    Section 1149.99 Penalty.

       (8)    Section 1153.01 District and Zone Map.

   (b)    Wherever there is a conflict between any provision of this chapter and any other part of the Zoning Code in its present form, the former shall apply insofar as Motorist Service Districts, Office-Laboratory Districts and Production-Distribution Districts are concerned.

(Ord. 763. Passed 9-17-62.)