For the purpose of this chapter, the incorporated areas of the town and its extraterritorial jurisdiction are hereby divided into the districts described in this article and shown on the official zoning map.

(Code 1995, § 155.055; Ord. of 6-1-1992)

(a)

Purpose. The purpose of this district shall be to create an area in which agriculture and residential uses can be compatibly mixed, to preserve and promote the rural character of the land, and to provide open space.

(b)

Permitted uses. Permitted uses within the AR district shall be as follows:

(1)

Accessory buildings and uses that are customary and incidental to the uses permitted in the district.

(2)

Agriculture, including the sale and processing of products grown on the premises, but excluding commercial animal confinement facilities.

(3)

Cemeteries, church and family.

(4)

Churches, synagogues, and religious education buildings.

(5)

Dwelling, single-family.

(6)

Dwellings, two-family.

(7)

Family care home shall have a one-half-mile separation between family care homes.

(8)

Home occupations in compliance with article VI of this chapter.

(9)

Parking required in conjunction with any permitted use.

(10)

Parks and recreation facilities, public.

(11)

Schools, public and private.

(12)

Signs in compliance with article X of this chapter.

(13)

Day care homes, small.

(14)

Child care centers.

(15)

Farmers market—Fresh fruit, vegetables, and perishable goods (a zoning permit is required).

(16)

Roadside stand for temporary selling of fresh fruits, vegetables, or other perishables (a zoning permit is required).

(17)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(18)

Auction sales/auction firm including livestock.

(19)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the AR district shall be as follows:

(1)

Minimum lot area.

When septic thanks are used, the county health department may required larger lots, depending on soil types and other lot characteristics.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(4)

Maximum building height. The maximum building height within the AR district shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Auditoriums, armories, public assembly buildings, civic centers, coliseums, and fairgrounds provided that side and rear yards be a minimum of 50 feet in width.

(2)

Fire, emergency medical service, and police/sheriff stations, provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that adequate of-street parking be provided on the lot.

(3)

Commercial cemeteries, where lots are sold and title is given, provided that all graves and crypts shall be set back at least 50 feet from all exterior property lines.

(4)

Religious assembly grounds and campgrounds provided that the minimum lot size is at least ten acres.

(5)

Public and private country clubs, golf courses (excluding miniature golf courses) and swimming clubs, provided that all buildings and swimming pools shall be set back a minimum of 50 feet from all exterior property lines.

(6)

Radio, television, and microwave towers and relay stations, offices and studios in conjunction with these. These uses may be permitted as conditional uses provided that all building and towers shall be set back a minimum of 30 feet from all exterior property lines and that towers shall be set back one additional foot from all exterior property lines for each two feet in height over 50 feet.

(7)

Day nurseries and kindergartens provided that they meet all state and county regulations and that the water and sewer services be provided by the town or approved by the county health department.

(8)

Bed and breakfast which meet the following:

a.

Located on a lot one acre or larger.

b.

No more than five guestrooms.

c.

Owner/manager lives on site.

d.

Compatible with neighborhood.

e.

Off-street parking at one per guestroom and one for the owner/manager.

f.

Meet all applicable local and state health building code requirements.

(9)

Rummage sales, display and sale of donated personal property by a nonprofit organization.

(10)

Flea market. Outdoor sales or display conducted alone or in conjunction with indoor operation.

a.

Conditional approval is required by the board of adjustment upon recommendation of the planning board.

b.

Site plan information. Four copies of a site plan, drawn to scale, shall be submitted which legibly indicates the following:

1.

Boundary survey;

2.

Hours and frequency of operation;

3.

Location and dimensions of individual booths and sale areas;

4.

Off-street parking (vendor and customer); and

5.

Screening, if applicable.

c.

Off-street parking. Off-street parking will be required at one space per 200 square feet of commercial area used for display and sales or two per booth or individual display area, whichever is greater. All parking facilities shall be paved and provided with onsite drainage in accordance with the standards approved by the town.

d.

Screening. Screening shall be provided where such outdoor sales abut or are across the street from residentially zoned or developed property as follows:

1.

Rear yard. A ten-foot landscaped area composed of eight feet to ten feet. deciduous or six feet to six feet evergreen trees or a mixture of each spaced not more than 40 feet apart and not and not less than one row of shrubs 30 inches in height at planting spaced so that the particular type plants will grow to form a solid and continuous visual screen six feet in height within three growing seasons.

2.

Side yard. A five-foot landscaped area composed of one row of shrubs and trees meeting requirements as stated in subsection (d)(11)d.1. of this section.

3.

Fencing. A stockade fences or wall may be used to replace the above plantings provided:

(i)

The fence is at least six feet in height;

(ii)

The finished side of fence faces affected property and is screened with shrubs 30 inches in height at planting spaced not more than ten feet apart that will reach a height of at least six feet within three years;

(iii)

Fence and plantings are maintained by property owner.

e.

Signs. One freestanding sign shall be allowed provided such sign does not exceed 80 square feet. Signs used by individual vendors shall be limited to one per vendor and shall not exceed ten square feet.

f.

The applicant shall submit a written statement setting forth the method and frequency of maintenance, repair, refuse collection and disposal along with the site plan.

g.

The conditional use permit shall be issued for a one-year period with automatic renewal for additional one-year periods provided that the site is maintained in a satisfactory manner as originally approved. When the conditional use is discontinued or abandoned for 180 consecutive days, the conditional use permit shall become null and void and application to the town will be required for any subsequent conditional use request for the site.

(11)

Farmers market, fresh fruit, vegetables, perishable goods.

(e)

Special uses. The following uses may be permitted upon the approval of the town board of commissioners, in compliance with article V of this chapter:

(1)

Community, county, or municipal sewage treatment plants, water treatment plants, sanitary landfills, provided that all buildings, structures, tanks, and pits be set back at least 100 feet from all exterior property lines, that a natural buffer at least 50 feet in width separate all such uses from all exterior property lines, and that a nonclimbable fence at least six feet in height completely encloses such uses.

(2)

Community, county, or municipal water or sewage pumping stations, provided that they are enclosed by an appropriate fence or that they are housed in a building that is compatible with the character of the surrounding development.

(3)

Planned unit development.

a.

Minimum lot area shall two acres.

b.

Permitted uses. A planned unit development may contain any of the permitted uses of the district in which it is allowed as a special use. Residential development may include any of the following:

1.

Townhouses. The minimum number of townhouses attached to each other shall be two and the maximum number shall be six. The density of townhouses in a planned unit development shall not exceed six units per gross acre. The site area not covered by dwelling units may be made part of the individual townhouse lots or clustered as common open space and dedicated to a homeowners' association, or a combination of the two.

2.

Clustered detached single-family dwellings.

3.

Zero lot line dwellings. the lot for a zero lot line dwelling may be reduced, but may not be less than 6,000 square feet provided that the difference between the required dimensions for the district and the reduced dimensions is dedicated to a homeowners' association as common open space.

4.

Common area and common open space shall be deeded to an owners association and the developers or owner shall file with the board of commissioners and record in the county register's office, a declaration of covenants and restrictions as well as regulations and bylaws that will govern the open space. Provisions shall include, but not be limited to, the following:

(i)

The association shall be established before the lots, homes, buildings, or uses are sold.

(ii)

Membership shall be mandatory for each buyer and all successive buyers, unless another arrangement is approved by the town board of commissioners which adequately protects the interests of the town and the owners.

(iii)

The association shall be responsible for the liability insurance, local taxes, and maintenance of recreation and other facilities.

(iv)

Any sums levied by the association that remain unpaid shall become a lien on the individual owner's property which shall be subordinate only to tax and mortgagee liens unless another arrangement is approved by the board of commissioners which adequately protects the interests of the town and owners.

(v)

An owner of each dwelling unit or each homeowner or other building owner shall have voting rights in the association.

(vi)

Uses of common property shall be appropriately limited.

(vii)

The following information shall also be provided:

(1)

The name of the association;

(2)

The manner in which directors of the association are to be selected;

(3)

The post office address of the initial registered office;

(4)

The name of the city and county in which the registered office is located;

(5)

The number of directors constituting the initial board of directors; and

(6)

Business residence.

(4)

Multifamily dwellings.

a.

Minimum lot area shall be one acre.

b.

Parking shall be in compliance with article IX of this chapter.

c.

Plans are required and must show:

1.

Structures. Location of buildings, signs, and sign sizes.

2.

Circulation. Proposed points of access and egress and pattern of internal circulation.

3.

Parking. Layout of parking spaces.

d.

Other requirements.

1.

Maximum density shall be six dwelling units per gross acre.

2.

Maximum number of units per shall be eight.

3.

Where more than one building is to be located on one lot, building separation shall be determined as follows:

(i)

The vertical projection shall be drawn from that point on each building which is horizontally closest to the other building.

(ii)

A yard of at least 30 feet shall be provided around the entire perimeter of the site, and parking spaces and accessory buildings shall not be allowed in the required yard.

(iii)

Access for emergency vehicles to all buildings in the complex shall be provided.

(iv)

The handling of garbage and trash facilities shall be subject to the approval of the board of commissioners.

(5)

Clubs and lodges, provided that side and rear yards be a minimum of 50 feet in width.

(6)

Rest and nursing homes for the elderly and disabled provided that all buildings shall be set back a minimum of 50 feet from all exterior property lines and off-street parking shall provide one space for each two beds in the facility.

(7)

Commercial dog kennel.

(8)

Day care homes, large.

(9)

Automotive sales.

(10)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

Abandonment and decommissioning plan.

(a)

Abandonment:

A SEF that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SEF provides substantial evidence (updated every six months after 12 months of no energy production) to the planning director or his designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the SEF.

1.

Upon determination of abandonment, the zoning administrator shall notify the party (or parties) responsible they must remove the SEF and restore the site to its condition prior to development of the SEF within 360 days of notice by the planning director or his designee.

2.

If the responsible party (or parties) fails to comply, the planning director or his designee may remove the SEF, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the SEF and restore the site to a nonhazardous pre-development condition.

(b)

Decommissioning:

1.

A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted prior to the issuance of the development permit.

(i)

Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, abandonment etc.)

(ii)

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar panels and foundations.

(iii)

Restoration of property to condition prior to development of the SEF.

(iv)

The timeframe for completion of decommissioning activities.

(v)

Description of any agreement (e.g. lease) with landowner regarding decommissioning.

(vi)

The party currently responsible for decommissioning.

(vii)

Plans for updating this decommissioning plan.

Aviation notification.

A.

For consideration of potential impacts to Mount Olive Yeager Field Municipal Airport flying operations, notification of intent to construct an SEF shall be sent to the town fixed Base Operator (FBO) or designated official 30 days before the regularly scheduled Planning Board meeting. Notification shall include location of SEF (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PV, ground-mounted fixed PV, tracked PV, solar thermal, etc.), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application.

B.

For consideration of potential impacts to civilian flight paths for airport operations located within five nautical miles from an airport listed in the National Plan Of Integrated Airport Systems, notification of intent to construct an SEF shall be sent to the airport manager or designated official and the federal aviation administration's (FAA) airport district office (ADO) with oversight of North Carolina. Notification shall include location of SEF (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PV, ground-mounted fixed PV, tracked PV, solar thermal, etc.), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application. The airport must be given 30 days for review.

C.

For consideration of potential impacts to civilian flight paths for airport operations located within five nautical miles from an airport not listed in the National Plan Of Integrated Airport Systems, except military airports, notification of intent to construct an SEF shall be sent to the airport manager or designated official.

Notification shall include location of SEF (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PV, ground-mounted fixed PV, tracked PV, solar thermal, etc.), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application. The airport must be given 30 days for review.

D.

After receiving notification of intent to construct an SEF as described in subsections (10)B. and C.; if requested, the proponent of the SEF shall use the latest version of the solar glare hazard analysis tool (SGHAT), per its user's manual to evaluate the solar glare aviation hazard, as indicated in subsections (10)D.1. and D.2, directly below. The full report for each flight path and observation point, as well as the contact information for the zoning administrator, shall be sent to the authority indicated below at least 30 days prior to site plan approval.

Proof of delivery of notification and date of delivery shall be submitted with permit application.

1.

Airport operations at an airport in the National Plan Of Integrated Airport Systems (NPIAS) within five nautical miles of the center of a proposed SEF: provide required SGHAT analysis information to the airport manager or designated official and the Federal Aviation Administration's (FAA) airport district office (ADO) with oversight of North Carolina.

2.

Airport operations at airport not in the NPIAS, except military airports, as defined in subsection (10)C., within five nautical miles of the center of proposed SEF: provide required SGHAT analysis information to the management of the airport for non-military airports.

E.

Proposed SEFs within the Mount Olive Yeager Field Municipal Airport Control Surfaces Area as defined in the 2011 Air Installation Compatible Use Zones (AICUZ) or subsequent AICUZ reports will be evaluated for potential impacts to Mount Olive Yeager Field Municipal Airport flying operations as described below.

1.

After receiving notification of intent to construct an SEF as described in subsection (10)D., above, (to include all SGHAT PV parameters), the town fixed base operator (FBO) or designated official will notify the designated town official if the SGHAT needs to be utilized by the SEF proponent or not.

2.

If the SGHAT does not need to be utilized, the town fixed base operator (FBO) or designated official will respond to the designated town official.

3.

If the SGHAT does need to be utilized, the SEF proponent shall contact the town fixed base operator (FBO) or designated official to receive the data needed for the SGHAT (e.g., locations, increments, and elevations of observation points, as well as air traffic control tower information). The SGHAT shall be used per its user manual and reports must be run over the entire calendar year (each time zone). Upon receiving the SGHAT reports, the town fixed base operator (FBO) or designated official will respond to the designated town official.

F.

Any applicable SEF design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contact specified in subsections D.1., D.2. and E., above, for accurate records of the as-built system.

Violation shall be a misdemeanor.

Any person, firm, corporation, or other entity who maintains or operates or who controls the maintenance of a solar energy facility in violation of this subsection shall be guilty of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $50.00 or by imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that said solar energy facility shall be maintained or operated in violation of this subsection shall constitute a separate and distinct offense.

Enforcement.

(A)

The enforcement officer shall be the town planning director or designee. The enforcement officer shall review site plans submitted under Section Seven and make appropriate recommendations to the planning board. The enforcement officer shall also visit the facilities by this subsection at least once per year and if the facility does not conform to said subsection shall discuss with the owner and/or operator the steps needed to bring the facility into compliance. If these steps are not taken, the enforcement officer shall notify the owner in writing of the steps that must be taken to bring the facility into compliance. If the owner or operator still fails to bring the facility into compliance with this subsection, the enforcement officer, after consultation with the town manager, shall institute the necessary steps to enforce this subsection in accordance with the provisions of subsection (B) of this section. The enforcement officer shall also assist owners or operators of any solar energy facility in making plans to comply with this subsection.

(B)

This subsection may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. It may be enforced by injunction and order of abatement. The town may apply for a mandatory or prohibitory injunction and order of abatement commanding the violator to correct any unlawful condition upon or cease the unlawful use of property. The town may request an order of abatement as part of a judgment in the cause any may request the court to close, demolish or remove buildings or other structures or take any other action that is necessary to bring the solar energy facility into compliance with this subsection.

This subsection may be enforced by any one or more of the remedies authorized herein.

(Code 1995, § 155.056; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 6-3-2002(1); Ord. of 6-5-2006; Ord. of 7-2-2007; Ord. of 1-7-2008(2), §§ 2, 3; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 3, 4; Ord. of 6-16-1986; Ord. of 7-9-2012, §§ 2, 4; Ord. of 4-13-2015; Ord. of 9-12-2016)

(a)

Purpose. The purpose of this district shall be to maintain a minimum lot size of 20,000 square feet for single-family dwellings, and ensure that uses are limited to those which are compatible with residential uses.

(b)

Permitted uses. Permitted uses within the R-20 district shall be as follows:

(1)

Accessory uses, including swimming pools.

(2)

Dwellings, single-family.

(3)

Parking required in conjunction with any permitted use.

(4)

Family care homes which shall have a one-half-mile separation between family care homes.

(5)

Signs, in compliance with article X of this chapter.

(6)

Day care homes, small.

(7)

Child care centers.

(8)

Yard sales/garage sales, provided that there shall be a three-consecutive-day maximum limit, that display and sale shall be by the owner of the residence on the property, that only two yard sales are allowed within a 30-day period, and that items for sale shall not be displayed when the yard sale is not legally permitted. A zoning permit is required.

(9)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the R-20 district shall be as follows:

(1)

Minimum lot area.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(4)

Maximum building height. Maximum building height shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of the town board of adjustment, in accordance with article II of this chapter:

(1)

Public and private country clubs, golf courses (excluding miniature golf) and swimming clubs provided that all buildings and swimming pools be set back a minimum of 50 feet from all exterior property lines.

(2)

Public parks and recreation facilities provided that side and rear yards shall be a minimum of 50 feet in width.

(e)

Special uses. The following uses may be permitted upon the approval of the town board of commissioners in compliance with article V of this chapter:

(1)

Public safety facilities provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that an off-street parking area, at least twice as large as the floor area of any buildings, is provided on the lot.

(2)

Community, county, or municipal water or sewage pumping stations shall be set back at least 30 feet from all exterior property lines, shall be enclosed by a fence, and shall be housed in a building that is compatible with the character of the surrounding development.

(3)

Day care homes, large.

(4)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.057; Ord. of 4-15-1996; Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 7; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. The purpose of this district shall be to maintain lots of 15,000 square feet for single-family dwellings and to allow two-family and planned unit development when appropriate conditions are complied with.

(b)

Permitted uses. Permitted uses within the R-15 district shall be as follows:

(1)

Accessory uses, including swimming pools.

(2)

Churches, synagogues, and religious education buildings.

(3)

Dwellings, single-family.

(4)

Dwellings, two-family.

(5)

Family care homes, shall have a one-half-mile separation between family care homes.

(6)

Home occupations, in compliance with article VI of this chapter.

(7)

Parking required in conjunction with any permitted use.

(8)

School, elementary.

(9)

Signs, in compliance with article X of this chapter.

(10)

Day care homes, small.

(11)

Child care centers.

(12)

Group homes, shall have a one-half-mile separation between group homes.

(13)

Yard sales/garage sales, provided that a there shall be a three-consecutive-day maximum limit, that display and sale shall be by the owner of the residence on the property, that only two yard sales are allowed within a 30-day period, and that items for sale shall not be displayed when the yard sale is not legally permitted. A zoning permit is required.

(14)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the R-15 district shall be as follows:

(1)

Minimum lot area.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Public and private country clubs, golf courses (excluding miniature golf) and swimming clubs, provided that all buildings and swimming pools shall be set back a minimum of 50 feet from all exterior property lines.

(2)

Public parks and recreation facilities provided that side and rear yards shall be a minimum of 50 feet in width.

(e)

Special uses. The following uses may be permitted upon the approval of the town board of commissioners in compliance with article V of this chapter:

(1)

Public safety facilities provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that an off-street parking area, at least twice as larger as the floor area of any buildings shall be provided on the lot.

(2)

Community, county, or municipal water of sewage pumping stations, provided that such pumping stations shall be set back at least 30 feet from all exterior property lines, shall be enclosed by a fence, and shall be housed in a building that is compatible with the character of the surrounding development.

(3)

Day care homes, large.

(4)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.058; Ord. of 4-15-1996; Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 7; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. The purpose of this district shall be to maintain a minimum lot size of 10,000 square feet for single-family dwellings and to allow two-family and multifamily dwellings when appropriate conditions are complied with.

(b)

Permitted uses. Permitted uses within the R-10 district shall be as follows:

(1)

Accessory uses, including swimming pools.

(2)

Churches, synagogues, and religious education buildings.

(3)

Dwellings, single-family.

(4)

Dwellings, two-family.

(5)

Family care homes, which shall have a one-half-mile separation between each other.

(6)

Home occupations, in compliance with article VI of this chapter.

(7)

Parking required in conjunction with any permitted use.

(8)

Schools, elementary only.

(9)

Signs, in compliance with article X of this chapter.

(10)

Day care homes, small.

(11)

Child care centers.

(12)

Group homes, which shall have a one-half-mile separation between each other.

(13)

Yard sales/garage sales, provided that a there shall be a three-consecutive-day maximum limit, that display and sale shall be by the owner of the residence on the property, that only two yard sales are allowed within a 30-day period, and that items for sale shall not be displayed when the yard sale is not legally permitted. A zoning permit is required.

(14)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the R-10 district shall be as follows:

(1)

Minimum lot area.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(4)

Maximum building height. Maximum building height shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of the town board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Clubs and lodges, provided that side and rear yards shall be a minimum of 50 feet in width.

(2)

Public parks and recreation facilities, provided that side and rear yards shall be a minimum of 50 feet in width.

(3)

Home occupations in compliance with article VI of this chapter.

(4)

Libraries and reading rooms.

(5)

Roominghouses.

(6)

Bed and breakfasts which meet the following:

a.

Located on a lot one acre or larger in area.

b.

No more than five guestrooms.

c.

Owner/manager lives on site.

d.

Compatible with the neighborhood.

e.

Off-street parking at one per guestroom and one for owner/manager.

f.

Meet all applicable local and state health and building code requirements.

(7)

Nurseries, kindergartens, and day care centers, provided that they meet all state and county regulations and that the water and sewer services are provided by the town or approved by the county health department.

(e)

Special uses. The following uses may be permitted upon the approval of the town board of commissioners in compliance with article V of this chapter:

(1)

Public safety facilities provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that an off-street parking area, at least twice as large as the floor area of any buildings, be provided on the lot.

(2)

Community, county, or municipal water or sewage pumping stations, provided that such pumping stations be set back at least 30 feet from the front property line, that they be enclosed by a fence, and that they be housed in a building that is compatible with the character of the surrounding development.

(3)

Planned unit development.

a.

Minimum lot area. Minimum lot area shall be two acres.

b.

Permitted uses. A planned unit development may contain any of the permitted uses of the district in which it is allowed as a special use. Residential development may include any of the following:

1.

The minimum number of townhouses attached to each other shall be two and the maximum number shall be six. The density of townhouses in a planned unit development shall not exceed six units per gross acre. The site area not covered by dwelling units may be made part of the individual townhouse lots or clustered as common open space and dedicated to a homeowners' association, or a combination of the two.

2.

Clustered detached single-family dwellings. These are dwellings in which the lot size for each individual dwelling may be reduced, but may not be less than 6,000 square feet provided that the difference between the required dimensions for the district, and the reduced dimensions is dedicated to a homeowners' association as common open space.

3.

The lot for a zero lot line dwelling may be reduced, but may not be less than 6,000 square feet provided that the difference between the required dimensions for the district and the reduced dimensions is dedicated to a homeowners' association as common open space.

4.

Common area and common open space shall be deeded to an owner association and the developers or owner shall file with the board of commissioners and record in the county register's office, a declaration of covenants and restrictions as well as regulations and bylaws that will govern the open space. Provisions shall include, but not be limited to, the following:

(i)

The association shall be established before the lots, homes, buildings, or uses are sold.

(ii)

Membership shall be mandatory for each buyer and all successive buyers, unless another arrangement is approved by the town board of commissioners which adequately protects the interest of the town and the owners.

(iii)

The association shall be responsible for the liability insurance, local taxes, and maintenance of recreation and other facilities.

(iv)

Any sums levied by the association that remain unpaid shall become a lien on the individual owner's property which shall be subordinate only to tax and mortgagee liens unless another arrangement is approved by the board of commissioners which adequately protects the interests of the town and owners.

(v)

An owner of each dwelling unit or each homeowner or other building owner shall have voting rights in the association.

(vi)

Uses of common property shall be appropriately limited.

(vii)

The following information shall also be provided:

(a)

The name of the association;

(b)

The manner in which directors of the association are to be selected;

(c)

The post office address of the initial registered office;

(d)

The name of the city and county in which the registered office is located;

(e)

The number of directors constituting the initial board of directors; and

(f)

The business residence.

(4)

Multifamily dwellings.

a.

Minimum lot area. Minimum lot area shall be one acre.

b.

Parking. Shall comply with article IX of this chapter.

c.

Plans. Plans are required and must show:

1.

Structures. Location of buildings, signs, and sign sizes

2.

Circulation. Proposed points of access and egress and pattern of internal circulation.

3.

Parking. Layout of parking spaces.

d.

Other requirements; multifamily dwellings.

1.

Maximum density shall be eight dwelling unit per gross acre.

2.

Maximum number of units per building shall be eight.

3.

Where more than one building is to be located on one lot, building separation shall be determined as follows:

(i)

The vertical projection shall be drawn from the point on each building which is horizontally closest to the other building.

(ii)

A yard of least 30 feet shall be provided around the entire perimeter of the site, and parking spaces and accessory buildings shall not be allowed in the required yard.

(iii)

Access for emergency vehicles to all buildings in the complex shall be provided.

(iv)

The handling of garbage and trash facilities shall be subject to the approval of the board of commissioners.

(5)

Cemeteries.

(6)

Day care homes, large.

(7)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.059; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 6-3-2002(1); Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 7; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. The purpose of this district shall be to provide for a mixture of residential uses on small lots.

(b)

Permitted uses. Permitted uses within the R-8 district shall be as follows:

(1)

Accessory uses, including swimming pools.

(2)

Churches, synagogues, and religious education buildings.

(3)

Dwellings, single-family.

(4)

Dwellings, two-family.

(5)

Home occupations, in compliance with article VI of this chapter.

(6)

Family care homes, which shall have a one-half-mile separation between each other.

(7)

Parking required in conjunction with any permitted use.

(8)

Schools, elementary and secondary.

(9)

Signs, in compliance with article X of this chapter.

(10)

Day care homes, small.

(11)

Child care centers.

(12)

Yard sales/garage sales, provided that a there shall be a three-consecutive-day maximum limit, that display and sale shall be by the owner of the residence on the property, that only two yard sales are allowed within a 30-day period, and that items for sale shall not be displayed when the yard sale is not legally permitted. A zoning permit is required.

(13)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the R-8 district shall be as follows:

(1)

Minimum lot area.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(4)

Maximum building height. Maximum building height shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Clubs and lodges, provided that side and rear yards be a minimum of 50 feet in width.

(2)

Public parks and recreation facilities, provided that side and rear yards are a minimum of 50 feet in width.

(e)

Special uses. The following uses may be permitted upon the approval of the board of commissioners in compliance with article V of this chapter:

(1)

Public safety facilities provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that an off-street parking area, at least twice as larger as the floor area of any buildings, be provided on the lot.

(2)

Community, county, or municipal water or sewage pumping stations, provided that such pumping stations shall be set back at least 30 feet from all exterior property lines, shall be enclosed by a fence, and shall be housed in a building that is compatible with the character of the surrounding development.

(3)

Cemeteries.

(4)

Day care homes, large.

(5)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.060; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 6-3-2002(1); Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 7; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. The purpose of this district shall be to provide for single-family dwellings on existing lots and to allow some mobile homes and multifamily dwellings under controlled conditions, but not to encourage the development of additional small lots.

(b)

Permitted uses. Permitted uses within the R-6 district shall be as follows:

(1)

Accessory uses, including swimming pools.

(2)

Churches, synagogues, and religious education buildings.

(3)

Dwellings, single-family.

(4)

Dwellings, two-family.

(5)

Home occupations, in compliance with article VI of this chapter.

(6)

Family care homes, which shall have a one-half-mile separation between each other.

(7)

Parking required in conjunction with any permitted use.

(8)

Schools, elementary and secondary.

(9)

Signs, in compliance with article X of this chapter.

(10)

Day care homes, small.

(11)

Child care centers.

(12)

Yard sales/garage sales, provided that a there shall be a three-consecutive-day maximum limit, that display and sale shall be by the owner of the residence on the property, that only two yard sales are allowed within a 30-day period, and that items for sale shall not be displayed when the yard sale is not legally permitted. A zoning permit is required.

(13)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the R-6 district shall be as follows:

(1)

Minimum lot area.

(2)

Minimum lot size.

(3)

Minimum yards.

a.

Residential.

b.

Nonresidential.

(4)

Maximum building height. Maximum building height shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of the town board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Clubs and lodges, provided that side and rear yards be a minimum of 25 feet in width.

(2)

Public parks and recreation facilities, provided that side and rear yards be a minimum of 50 feet in width.

(e)

Special uses. The following uses may be permitted upon the approval of the board of commissioners in compliance with article V of this chapter:

(1)

Public safety facilities, provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that an off-street parking area, at least twice as large as the floor area of any buildings, be provided on the lot.

(2)

Community, county, or municipal water or sewage pumping stations, provided that pumping stations be set back at least 30 feet from the front property line, that they be enclosed by a fence, and that they be housed in a building that is compatible with the character of the surrounding development.

(3)

Cemeteries.

(4)

Day care homes, large.

(5)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.061; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 6-3-2002(1); Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 7; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. The purpose of this district is to provide a location for office and institutional uses and to serve as a transitional district between residential districts and higher intensity uses.

(b)

Permitted uses. Permitted uses within the O and I district shall be as follows:

(1)

Accessory buildings and uses that are customary and incidental to the uses permitted in the district.

(2)

Banks, savings and loan associations, and other financial institutions.

(3)

Barbershops and beauty shops.

(4)

Bed and breakfasts.

(5)

Chiropractic, osteopathic, dental, medical, and other health care offices.

(6)

Churches, synagogues, and religious education buildings.

(7)

Dwellings, single-family.

(8)

Dwellings, two-family.

(9)

Nurseries, kindergartens, and day care centers.

(10)

Florist, gift, and curio shops.

(11)

Funeral homes.

(12)

Offices for governmental, professional, and personal services, including insurance, mail order, legal, accounting, and tax return preparation.

(13)

Business residences.

(14)

Day care homes, large.

(15)

Child care centers.

(16)

Family care homes, which shall have a one-half-mile separation between each other.

(17)

Group homes, which shall have a one-half-mile separation between each other.

(18)

Multifamily dwellings:

a.

Minimum lot area: One acre.

b.

Parking: Shall comply with 59-292 and 59-294.

c.

Plans are required and must show.

1.

Structures: Location of building, signs, and sign sizes.

2.

Circulation: Proposed points of access and egress and pattern of internal circulation.

3.

Parking: Layout of parking spaces.

d.

Other requirements—Multifamily dwellings:

1.

Maximum density shall be ten units per gross acre.

2.

Maximum number of units per building shall be three per lot.

3.

Where more than one building is to be located on one lot, building separation shall be determined as follows:

i.

The vertical projection shall be drawn from the point on each building which is horizontally closest to the other building.

ii.

A yard of at least 20 feet shall be provided around the entire perimeter of the site, excluding the front yard, and parking spaces and accessory buildings shall not be allowed in the required yard.

iii.

Access for emergency vehicles to all buildings in the complex shall be provided.

iv.

The handling of garbage and trash facilities, yard maintenance, and common area maintenance shall be the responsibility of the property owner. If these dwelling units should ever be individually owned the maintenance would become the responsibility of a common home owner's association.

(19)

Yard sales/garage sales; Three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(20)

Auction sales/auction firm excluding livestock.

(21)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m. and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the O and I district shall be as follows:

(1)

Minimum lot area. Minimum lot area shall be 10,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 50 feet.

(3)

Minimum yards.

(4)

Maximum building height. Maximum building height shall be 50 feet, provided that for building heights over 35 feet, an additional ten-foot distance is to be added to the required front, side and rear setbacks.

(d)

Special uses.

(1)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.062; Ord. of 6-1-1992; Ord. of 7-2-2007; Ord. of 4-6-2009; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4; Ord. of 7-9-2012, §§ 3, 5; Ord. of 4-29-2019(2))

(a)

Purpose. The purpose of this district shall be to provide for, enhance, and protect the shopping facilities in the downtown area.

(b)

Permitted uses. Permitted uses within the C-1 district shall be as follows:

(1)

Alcoholic beverage control stores.

(2)

Apparel sales.

(3)

Auditorium, armories, public assembly buildings civic centers, and coliseums.

(4)

Automotive parts sales (new only).

(5)

Automobile sales.

(6)

Banks, savings and loans, and other financial institutions.

(7)

Barbershops and beauty shops.

(8)

Blueprinting, printing, and other reproductive centers.

(9)

Chiropractic, osteopathic, dental, medical, and other health care offices.

(10)

Clubs and lodges.

(11)

Department, variety, and other types of general merchandise stores.

(12)

Electric home appliance sales and service.

(13)

Fabric and piece good sales.

(14)

Fish markets.

(15)

Fire, police, and emergency medical services.

(16)

Florists, gift, and curio shops.

(17)

Furniture and other home accessory stores.

(18)

Grocery, food, and convenience stores.

(19)

Hardware and paint sales.

(20)

Hotels and motels.

(21)

Jewelry and watch sales and service.

(22)

Libraries.

(23)

Loan companies and pawnshops.

(24)

Nurseries (horticultural).

(25)

Offices for governmental, professional, and personal services, including insurance. mail order, legal accounting, and tax return preparation.

(26)

Parking required in conjunction with any permitted use.

(27)

Parking facilities, commercial.

(28)

Pharmacies.

(29)

Restaurants, indoor, including grills and outdoor dining facilities.

(30)

Shoe sales and shoe repair services.

(31)

Theaters.

(32)

Tire sales.

(33)

Upholstery shops.

(34)

Utility tanks, pumps, transformers, substations amplifiers, and kindred devices.

(35)

Signs in compliance with article X of this chapter.

(36)

Video arcades, excluding pool or billiard tables.

(37)

Dry cleaning/laundry establishments.

(38)

Business residences.

(39)

Roadside stand for temporary selling of fresh fruits, vegetables, or other perishables (a zoning permit is required).

(40)

Sidewalk/outdoor sales of merchandise, provided that items must be regularly stocked merchandise by the business.

(41)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(42)

Auction sales/auction firm excluding livestock.

(43)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m. and 8;00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements. Dimensional requirements within the C-1 district shall be as follows:

(1)

Minimum lot area. There shall be no minimum lot area requirement.

(2)

Minimum lot size. There shall be no minimum lot size requirement.

(3)

Minimum yards. There shall be no minimum yard requirement.

(4)

Maximum building height. Maximum building height shall be 50 feet, provided that for building heights over 35 feet, an additional ten-foot distance is to be added to the required front, side and rear setbacks.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in compliance with sections 59-83 and 59-84:

(1)

Automobile repair service.

(2)

Pool rooms and taverns.

(3)

Bingo parlors.

(4)

Farm machinery sales and repair.

(5)

Flea markets, indoor only (no outdoor sales or displays).

(6)

Rummage sales, display and sale of donated personal property by a nonprofit organization.

(e)

Special uses. The following uses may be permitted upon the approval of the board of commissioners in compliance with article V of this chapter:

(1)

Residential apartments.

(2)

Child care centers.

(3)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.063; Ord. of 6-1-1992; Ord. of 8-2-1993; Ord. of 1-2-1995; Ord. of 4-15-1996; Ord. of 12-7-1998; Ord. of 6-7-1999; Ord. of 10-2-2000; Ord. of 7-2-2007; Ord. of 1-7-2008(2), §§ 4, 8; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4; Ord. of 7-9-2012, §§ 3, 5)

(a)

Purpose. This district is created for heavy commercial activities involving outdoor storage, substantial delivery activity, and similar activities, including shopping centers and other mixture of commercial activities.

(b)

Permitted uses. Permitted uses within the C-2 district shall be as follows:

(1)

Agricultural supply sales.

(2)

ABC stores.

(3)

Apparel sales.

(4)

Auditoriums, armories, public assembly buildings civic center, and coliseums.

(5)

Automotive parts sales (new only).

(6)

Automobile repair service.

(7)

Automobile sales.

(8)

Automobile service stations.

(9)

Automobile wash.

(10)

Banks, savings and loans, and other financial institutions.

(11)

Barbershops and beauty shops.

(12)

Blueprinting, printing, and other reproductive centers.

(13)

Building supplies sales and installation.

(14)

Cabinet shops.

(15)

Chiropractic, osteopathic, dental, medical and other health care offices.

(16)

Contractors, and construction firms with outside storage.

(17)

Department, variety, and other types of general merchandise stores.

(18)

Electric home appliance sales and service.

(19)

Fabric and piece goods sales.

(20)

Farm machinery sales and repair.

(21)

Fish markets.

(22)

Fire, police, and emergency medical services.

(23)

Florist, gift, and curio shops.

(24)

Fraternal lodges and halls.

(25)

Fuel storage tanks.

(26)

Funeral homes.

(27)

Furniture and other home accessory stores.

(28)

Grain milling.

(29)

Grocery, food, and convenience stores.

(30)

Hardware and paint sales.

(31)

Jewelry and watch sales and service.

(32)

Laboratories, analytical, experimental, and testing.

(33)

Laundromats, laundries, and dry cleaning services.

(34)

Loan companies and pawnshops.

(35)

Lumber yards and building supplies sales.

(36)

Mobile homes sales.

(37)

Nurseries, horticultural.

(38)

Parking required in conjunction with any permitted use.

(39)

Parking facilities, commercial.

(40)

Pharmacies.

(41)

Pet shops.

(42)

Restaurants, drive-in.

(43)

Restaurants, indoor, including grills.

(44)

Shoe sales and shoe repair services.

(45)

Signs in compliance with article X of this chapter.

(46)

Storage yards, excluding the storing of junk.

(47)

Terminals, bus, taxi, rail, car or truck rental and commercial trucking.

(48)

Tire sales and recapping.

(49)

Upholstery shops.

(50)

Utility tanks, pumps, transformers, substations, amplifiers, and kindred devices.

(51)

Video arcades, excluding pool or billiard tables.

(52)

Wholesaling and warehouse storage.

(53)

Welding services.

(54)

Hotels and motels, professional and governmental offices.

(55)

Day care homes, large.

(56)

Child care centers.

(57)

Roadside stand for temporary selling of fresh fruits, vegetables, or other perishables (a zoning permit is required).

(58)

Sidewalk/outdoor sales of merchandise, provided that items must be regularly stocked merchandise by the business.

(59)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(60)

Auction sales/auction firm excluding livestock.

(61)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(62)

Indoor recreational facility.

(63)

Body piercing and tattoo parlor.

a.

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

1.

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

2.

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

3.

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

b.

Tattooing regulated.

1.

Prohibited practice. No person shall engage in tattooing without first obtaining a tattooing permit from the appropriate county health department. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform tattooing within the normal course of their professional practice are exempt from the requirements of this part.

2.

Application. To obtain a tattooing permit, a person must apply to the appropriate county health department. Upon receipt of the application, the appropriate county health department, acting through the local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant meets the requirements for a tattooing permit set by the commission. If the applicant meets these requirements, the department shall issue a permit to the applicant. A permit is valid for one year and must be renewed annually by applying to the appropriate county health department for a permit renewal.

3.

Violations. The appropriate county health department may deny an application for a tattooing permit if an applicant does not meet the requirements set by this section for the permit. The appropriate county health department may suspend, revoke, or refuse to renew a permit if it finds that tattooing is being performed in violation of this section or in accordance with G.S. 130A-24(a). Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this part.

4.

Limitation. A permit issued pursuant to this section does not authorize a person to remove a tattoo from the body of a human being. Compliance with this section is not a bar to prosecution for a violation of G.S. 14-400. (1993 (Reg. Sess., 1994), c. 670, s. 1.)

c.

Tattooing; body piercing prohibited.

1.

It shall be unlawful for any person or persons to tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

2.

It shall be unlawful for any person to pierce any part of the body other than ears of another person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior consent of a custodial parent or guardian is obtained. Anyone violating the provisions of this section is guilty of a Class 2 misdemeanor. (1937, c. 112, ss. 1, 2; 1969, c. 1224, s. 8; 1971, c. 1231, s. 1; 1993, c. 539, s. 269; 1994, Ex. Sess., c. 24, s. 14(c); 1998-230, s. 9.)

(c)

Dimensional requirements. Dimensional requirements within the C-2 district shall be as follows:

(1)

Minimum lot area. Minimum area shall be 10,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 75 feet.

(3)

Minimum yards.

(4)

Maximum building height. The maximum building height in the Town of Mount Olive shall be 80 feet, provided that for building heights over 35 feet an additional one-foot of setback for every two feet of building height is added to the required front, side and rear setbacks.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Pool rooms and taverns.

(2)

Bingo parlors.

(3)

Fairgrounds.

(4)

Flea markets, indoor only (no outdoor sales or displays).

(5)

Rummage sales, display and sale of donated personal property by a nonprofit organization.

(e)

Special uses. The following may be permitted upon the approval of the board of commissioners, in compliance with article V of this chapter:

(1)

Shopping centers/commercial group development.

a.

Minimum lot area shall be one acre.

b.

Parking and loading. One parking space for each 200 square feet of gross floor area and one off-street loading space for each 20,000 square feet of gross floor area or portion thereof.

c.

Plans are required and must show:

1.

Structures. The location of buildings, signs, and sign sizes.

2.

Circulation. Proposed points of access and egress and pattern of internal circulation.

d.

Other requirements.

1.

Shopping centers shall contain only those uses permitted in the districts in which they are located.

2.

All yards shall be a minimum of 50 feet.

3.

Shopping centers adjoining any residential use shall provide a six-foot-high solid screen along the entire adjoining property lines, if not already naturally screened.

4.

Topographic information with contour intervals two feet or less shall be depicted on the site plan.

(2)

Adult oriented businesses and adult cabarets.

a.

No such business shall locate within 1,000 feet of any other sexually oriented business as measured in a straight line from property line to property line.

b.

No sexually oriented business shall be located within 1,000 feet of a church, public or private elementary or secondary school, child day care, or nursery school, public park, residences, and/or residentially zoned property, or any other establishment with an on-premise ABC license. The 1,000-foot distance shall be measured on a straight line from property line to property line, with no consideration as to interviewing structures, roads or land forms.

c.

There shall be no more than one adult oriented business on the same property or in the same building, structure, or portion thereof.

d.

No other principle or accessory use may occupy the same building, structure, property or portion thereof with any sexually oriented business.

e.

A professional announcement type sign which is four square feet maximum in size shall be the only sign permissible. Only the name can appear on the sign, No exceptions are allowed for flashing signs, window signs, and the like.

(3)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.064; Ord. of 4-15-1996; Ord. of 6-1-1997; Ord. of 2-6-2006; Ord. of 7-2-2007; Ord. of 1-7-2008(2), §§ 5, 9; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4; Ord. of 3-8-2011, § 2(Exh. A); Ord. of 6-6-2011(1), § 2; Ord. of 7-9-2012, §§ 3, 5; Ord. of 8-6-2012(4), §§ 2, 3)

(a)

Purpose. The purpose of this district is to provide shopping areas of a convenience nature in or near residential neighborhoods and to exclude heavy commercial operations.

(b)

Permitted uses. Permitted uses within the C-3 district shall be as follows:

(1)

Barbershops and beauty shops.

(2)

Florists, gift, and curio shops.

(3)

Health and fitness centers.

(4)

Offices for governmental, professional, and personal services, including medical, insurance, mail order, legal, accounting, tax return preparation and financial institutions.

(5)

Parking required in conjunction with any permitted use.

(6)

Parking facilities, commercial.

(7)

Pharmacies.

(8)

Public and private swimming pools.

(9)

Shoe sales and shoe repair.

(10)

Signs in compliance with article X of this chapter.

(11)

Display of monuments.

(12)

Business residence.

(13)

Day care homes, large.

(14)

Child care centers.

(15)

Group homes, which shall have a one-half-mile separation between group homes.

(16)

Sidewalk/outdoor sales of merchandise, provided that items must be regularly stocked merchandise by the business.

(17)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(18)

Auction sales/auction firm excluding livestock.

(19)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(20)

Body piercing and tattoo parlor.

a.

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

1.

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

2.

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

3.

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

b.

Tattooing regulated.

1.

Prohibited practice. No person shall engage in tattooing without first obtaining a tattooing permit from the appropriate county health department. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform tattooing within the normal course of their professional practice are exempt from the requirements of this part.

2.

Application. To obtain a tattooing permit, a person must apply to the appropriate county health department. Upon receipt of the application, the appropriate county health department, acting through the local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant meets the requirements for a tattooing permit set by the commission. If the applicant meets these requirements, the department shall issue a permit to the applicant. A permit is valid for one year and must be renewed annually by applying to the appropriate county health department for a permit renewal.

3.

Violations. The appropriate county health department may deny an application for a tattooing permit if an applicant does not meet the requirements set by this section for the permit. The appropriate county health department may suspend, revoke, or refuse to renew a permit if it finds that tattooing is being performed in violation of this section or in accordance with G.S. 130A-24(a). Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this part.

4.

Limitation. A permit issued pursuant to this section does not authorize a person to remove a tattoo from the body of a human being. Compliance with this section is not a bar to prosecution for a violation of G.S. 14-400. (1993 (Reg. Sess., 1994), c. 670, s. 1.)

c.

Tattooing; body piercing prohibited.

1.

It shall be unlawful for any person or persons to tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

2.

It shall be unlawful for any person to pierce any part of the body other than ears of another person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior consent of a custodial parent or guardian is obtained. Anyone violating the provisions of this section is guilty of a Class 2 misdemeanor. (1937, c. 112, ss. 1, 2; 1969, c. 1224, s. 8; 1971, c. 1231, s. 1; 1993, c. 539, s. 269; 1994, Ex. Sess., c. 24, s. 14(c); 1998-230, s. 9.)

(c)

Dimensional requirements. Dimensional requirements within the C-3 district shall be as follows:

(1)

Minimum lot area. Minimum lot area shall be 10,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 75 feet

(3)

Minimum yard.

(4)

Maximum building height. Maximum building height shall be 35 feet.

(d)

Conditional uses. The following uses may be permitted upon the approval of board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Automobile wash.

(2)

Laundry and dry cleaning services.

(3)

Restaurants, indoor only.

(4)

Funeral homes.

(e)

Special uses. The following may be permitted upon the approval of the town board of commissioners, in compliance with article V of this chapter:

(1)

Clubs, lodges, and other fraternal organizations.

(2)

Department, variety, and other types of general merchandise stores.

(3)

Fish markets.

(4)

Convenience and food stores, including self-service gas pumps.

(5)

Laundromats.

(6)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Code 1995, § 155.065; Ord. of 6-1-1992; Ord. of 4-21-1997; Ord. of 8-6-2001; Ord. of 4-3-2006; Ord. of 7-2-2007; Ord. of 1-7-2008(2), § 10; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4; Ord. of 7-9-2012, §§ 3, 5; Ord. of 8-6-2012(4), §§ 2, 3)

(a)

Purpose and standards. The purpose of this district is to provide for commercial activities along US 117 and NC 55 and to encourage the proper grouping and development of roadside uses which will accommodate the need of the motoring public and the reduction of highway congestion and hazard. The following standards are established to promote sound permanent commercial development, and to protect nearby areas from undesirable aspects of commercial development:

(1)

Outside storage must be screened from public view by opaque fencing, screening, or landscaping;

(2)

Outside storage shall be limited to the rear and side of the principal building;

(3)

Storage of unsafe (corrosive, flammable, or explosive materials) or hazardous material shall comply with any local, state, or federal requirements;

(4)

Outside storage must be on the premises of the business.

(b)

Permitted uses. Permitted uses within the C-4 district shall be as follows:

(1)

Agricultural supply sales.

(2)

Automotive parts sales, new.

(3)

Automotive repair service.

(4)

Automobile sales.

(5)

Automobile service stations, including convenience stores.

(6)

Automobile washes.

(7)

Building supply sales and installation.

(8)

Bulk storage of oil, liquid petroleum, gasoline natural gas, and other flammable materials.

(9)

Farm machinery sales and repair.

(10)

Hotels and motels.

(11)

Parking required in conjunction with a permitted use.

(12)

Restaurants.

(13)

Signs in compliance with article X of this chapter.

(14)

Terminals, bus, taxi, rail, car and/or truck rental and commercial trucking.

(15)

Utility tanks, pumps, transformers, substations, amplifiers, and kindred devices.

(16)

Mobile home sales.

(17)

Roadside stand for temporary selling of fresh fruits, vegetables, or other perishables (a zoning permit is required).

(18)

Sidewalk/outdoor sales of merchandise, provided that items must be regularly stocked merchandise by the business.

(19)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(20)

Auction sales/auction firm excluding livestock.

(21)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(22)

Indoor recreational facility.

(c)

Dimensional requirements. Dimensional requirements within the C-4 district shall be as follows:

(1)

Minimum lot area. Minimum lot area shall be 20,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 100 feet.

(3)

Minimum yards.

(4)

Maximum building height. The maximum building height in the Town of Mount Olive shall be 80 feet provided, that for building heights over 35 feet an additional one-foot of setback for every two feet of building height is added to the required front, side and rear setbacks.

(23)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(24)

Body piercing and tattoo parlor.

a.

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

1.

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

2.

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

3.

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

b.

Tattooing regulated.

1.

Prohibited practice. No person shall engage in tattooing without first obtaining a tattooing permit from the appropriate county health department. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform tattooing within the normal course of their professional practice are exempt from the requirements of this part.

2.

Application. To obtain a tattooing permit, a person must apply to the appropriate county health department. Upon receipt of the application, the appropriate county health department, acting through the local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant meets the requirements for a tattooing permit set by the commission. If the applicant meets these requirements, the department shall issue a permit to the applicant. A permit is valid for one year and must be renewed annually by applying to the appropriate county health department for a permit renewal.

3.

Violations. The appropriate county health department may deny an application for a tattooing permit if an applicant does not meet the requirements set by this section for the permit. The appropriate county health department may suspend, revoke, or refuse to renew a permit if it finds that tattooing is being performed in violation of this section or in accordance with G.S. 130A-24(a). Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this part.

4.

Limitation. A permit issued pursuant to this section does not authorize a person to remove a tattoo from the body of a human being. Compliance with this section is not a bar to prosecution for a violation of G.S. 14-400. (1993 (Reg. Sess., 1994), c. 670, s. 1.)

c.

Tattooing; body piercing prohibited.

1.

It shall be unlawful for any person or persons to tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

2.

It shall be unlawful for any person to pierce any part of the body other than ears of another person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior consent of a custodial parent or guardian is obtained. Anyone violating the provisions of this section is guilty of a Class 2 misdemeanor. (1937, c. 112, ss. 1, 2; 1969, c. 1224, s. 8; 1971, c. 1231, s. 1; 1993, c. 539, s. 269; 1994, Ex. Sess., c. 24, s. 14(c); 1998-230, s. 9.)

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Flea markets, indoor only (no outdoor sales or displays).

(2)

Rummage sales, display and sale of donated personal property by a nonprofit organization.

(Code 1995, § 155.066; Ord. of 6-1-1992; Ord. of 8-2-1993; Ord. Am. 4-15-1996; Ord. of 1-7-2008(2), §§ 6, 11; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4; Ord. of 3-8-2011, § 2(Exh. A); Ord. of 6-6-2011(1), § 2; Ord. of 7-9-2012, §§ 2, 4; Ord. of 8-6-2012(4), §§ 2, 3)

(a)

Purpose. The purpose of this district is to provide for industrial operations which, because of their activities, produce glare, noise, odor, smoke, or dust, and would be detrimental to neighboring properties if mixed with other types of uses.

(b)

Permitted uses. Permitted uses within the I-1 district shall be as follows:

(1)

Accessory buildings and uses that are customary and incidental to uses permitted in this district.

(2)

Agriculture, including the sale and processing of products grown on the premises, but excluding commercial animal confinement facilities.

(3)

Assembly and packaging operations, including mail order houses.

(4)

Automobile and truck assembly including manufacturing and/or assembly of components thereof.

(5)

Bakeries and food products preparation.

(6)

Bedding and carpet manufacturing.

(7)

Boat works.

(8)

Bottled gas, distribution and bulk storage.

(9)

Brick, tile, and pottery yards, not including the extraction of earth products.

(10)

Building component and construction materials manufacturing including: structure wood members, mobile homes and fabricated homes, and concrete products (block, steps and beams).

(11)

Bulk grain storage and milling.

(12)

Signs in compliance with article X of this chapter.

(13)

Cabinet making and woodworking shops.

(14)

Cosmetic manufacturing.

(15)

Crating services.

(16)

Electric substation.

(17)

Electrical component manufacturing.

(18)

Emery cloth and sandpaper manufacturing.

(19)

Farm machinery assembly and repair.

(20)

Food processing facilities.

(21)

Flour and feed mills.

(22)

Freeze lockers and ice plants.

(23)

Furniture manufacturing.

(24)

Government buildings, buildings used exclusively by the federal, state, county, or city governments for public purposes.

(25)

Heavy equipment manufacturing.

(26)

Industrial supplies and equipment services.

(27)

Industrial trade schools.

(28)

Jewelry manufacturing.

(29)

Leather products and luggage manufacturing (excluding tanning and curing hides).

(30)

Machine, tool manufacturing.

(31)

Machine welding shops.

(32)

Metal fabrication facilities.

(33)

Monument works.

(34)

Off-street parking and loading in accordance with article IX of this chapter.

(35)

Paper goods manufacturing. This includes the following: envelopes (2642 SIC); bags, except textile bags (2643 SIC); die-cut paper and paperboard and cardboard (2645 SIC); sanitary paper products (2647 SIC); stationery, tablets and related products (2648 SIC); converted paper and paperboard products, not elsewhere classified (2649 SIC); folding paperboard boxes (2651-SIC); set-up paperboard boxes (2652 SIC); corrugated and solid fiber boxes (2653 SIC); sanitary food containers (2654 SIC); and fiber cans, tubes, drums, and similar products (2655 SIC).

(36)

Pharmaceutical manufacturing.

(37)

Portland cement mixing plants.

(38)

Printing and publishing.

(39)

Radio and television studios.

(40)

Railroad stations and yards.

(41)

Research facilities, not including research generating significant quantities of hazardous waste, toxic chemicals or nuclear research.

(42)

Sawmills.

(43)

Planing mills.

(44)

Sheet metal fabrication and installation.

(45)

Tobacco products manufacturing or processing.

(46)

Trucking, transfer companies, and heavy equipment terminal.

(47)

Low or high voltage electric power distribution lines, telephone lines, water or sewer lines, low or medium pressure gas distribution, or liquid fuel transmission lines.

(48)

Water and/or wastewater treatment facilities, collection and transmission lines, pumping stations, meter vaults and other appurtenances required as part of such utility systems.

(49)

Wood products, including chips for mulch, wooden containers, millwork, veneer and plywood.

(50)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(51)

Auction sales/auction firm excluding livestock.

(52)

Auction sales/auction firm including livestock.

(53)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(54)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(c)

Dimensional requirements. Dimensional requirements within the I-1 district shall be as follows:

(1)

Minimum lot area. Minimum lot area shall be 80,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 200 feet.

(3)

Minimum yards.

(4)

Maximum building height. The maximum building heights shall be 150 feet provided that for building heights over 50 feet an additional one-foot of setback for every two feet of building height is added to the required front, side and rear setbacks.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Storage or baling of scrap paper, iron, bottles, rags or junk.

(2)

Telecommunication towers, pursuant to the terms of section 59-183.

(e)

Special uses. The following uses may be permitted upon the approval of the board of commissioners, in compliance with article V of this chapter:

(1)

Bituminous products mixing plant.

(2)

Chemical manufacturing, household and industrial.

(3)

Fertilizer manufacturing or compounding.

(4)

Iron, steel, copper, brass and aluminum foundries.

(5)

Abattoir/slaughterhouse.

(6)

Pressure wood treatment plants.

(7)

Mining of gold and silver ores (104 SIC).

(8)

Bituminous coal and lignite mining (121 SIC).

(9)

Storage of crude petroleum and natural gas (131 SIC).

(10)

Storage, processing and distribution of nonmetallic minerals, except fuels (14 SIC). This includes the following: dimension stone (141 SIC) crushed and broken stone (142 SIC); crushed and broken granite (143 SIC); crushed and broken stone (not elsewhere classified) (144 SIC); sand and gravel (145 SIC); and clay, ceramic and refractory minerals (146 SIC).

(11)

Chemical and fertilizer mining (147 SIC).

(12)

Adult oriented businesses and adult cabarets, provided that:

a.

No such business shall locate within 1,000 feet of any other sexually oriented business as measured in a straight line from property line to property line.

b.

No sexually oriented business shall be located within 1,000 feet to a church, public or private elementary or secondary school, child day care, or nursery school, public park, residences, and/or residentially zoned property, or any other establishment with an on-premises ABC license. The 1,000-foot distance shall be measured on a straight line from property line to property line, with no consideration as to interviewing structures, roads or land forms.

c.

There shall be no more than one adult oriented business on the same property or in the same building, structure, or portion thereof.

d.

No other principle or accessory use may occupy the same building, structure, property or portion thereof with any sexually oriented business.

e.

A professional announcement type sign which is four square feet maximum in size shall be the only sign permissible. Only the name can appear on the sign, No exceptions are allowed for flashing signs, window signs, and the like.

(Code 1995, § 155.067; Ord. of 6-1-1992; Ord. of 8-2-1993; Ord. of 6-2-1997; Ord. of 2-4-2008(1), §§ 2, 3; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2—4; Ord. of 6-6-2011(2); Ord. of 7-9-2012, §§ 2, 4)

(a)

Purpose and standards. The purpose of this district is to establish and protect industrial areas for the use of light manufacturing operations and for the distribution of products at wholesale. The following standards are established for this district and designed to promote sound permanent light industrial development, and to protect nearby areas from undesirable aspects of industrial development:

(1)

All assembly and/or manufacturing be confined within the building;

(2)

All outdoor storage be screened from public view by opaque fencing, screening or landscaping, limited to the rear and side of the principal building, if hazardous and/or usage, shall meet all local, state and federal environmental requirements, and must be on the premises of the businesses;

(3)

Any one applying for an I-2 permit must demonstrate that no adverse impacts such as noise, groundwater, air, pollution and vibrations are created by the proposed use, beyond the lot boundaries of the use. This district shall be located adjacent to and/or with direct access to thoroughfare roads or streets.

(b)

Permitted uses. Permitted uses within the I-2 district shall be as follows:

(1)

Accessory buildings and uses that are customary and incidental to uses permitted in this district.

(2)

Agricultural uses, excluding commercial animal confinement facilities.

(3)

Bakeries and food products preparation.

(4)

Bedding and carpet manufacturing.

(5)

Bottling works.

(6)

Clothing and textile manufacturing.

(7)

Cosmetics manufacturing.

(8)

Dairy processing and distribution.

(9)

Emery cloth and sandpaper manufacturing.

(10)

Electrical appliance manufacturing.

(11)

Electronic component assembly operations.

(12)

Electrical machinery manufacture and/or assembly.

(13)

Fairgrounds.

(14)

Fiber manufacturing.

(15)

Golf courses, miniature golf, and driving ranges.

(16)

Government buildings, buildings used exclusively by the federal, state, county, or city government for public purposes.

(17)

Industrial supplies and equipment services.

(18)

Industrial trade school.

(19)

Jewelry manufacture.

(20)

Laboratories for research and testing.

(21)

Leather products and luggage manufacturing (excluding tanning and curing of hides).

(22)

Machine tool manufacturing.

(23)

Off-street parking and loading in accordance with article IX of this chapter.

(24)

Offices that generate low to medium traffic volumes and have no adverse impacts beyond lot boundaries.

(25)

Paper goods manufacturing.

(26)

Pharmaceutical manufacturing.

(27)

Precision instrument manufacturing.

(28)

Printing and publishing.

(29)

Railroad stations and yards.

(30)

Research facilities, including manufacturing incidental to same.

(31)

Sign painting and fabrication shop.

(32)

Distribution centers.

(33)

Wooden product manufacturing.

(34)

Signs, in compliance with article X of this chapter.

(35)

Low or high voltage electric power distribution lines, telephone lines, water or sewer lines, low or medium pressure gas distribution, underground liquid fuel transmission lines.

(36)

Water and/or wastewater collection and transmission lines, pumping stations, meter vaults and other appurtenances required as a part of such utility systems.

(37)

Electric substations.

(38)

Warehousing and other storage facilities.

(39)

Wholesale and jobbing establishments.

(40)

Commercial truck and automobile wash facilities.

(41)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(42)

Auction sales/auction firm excluding livestock.

(43)

Auction sales/auction firm including livestock.

(44)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(45)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(c)

Dimensional requirements. Dimensional requirements within the I-2 district shall be as follows:

(1)

Minimum lot area. Minimum lot area shall be 80,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 200 feet.

(3)

Minimum yards.

(4)

Maximum building height. The maximum building heights shall be 150 feet provided that for building heights over 50 feet an additional one-foot of setback for every two feet of building height is added to the required front, side and rear setbacks.

(d)

Conditional uses. The following uses may be permitted upon the approval of the board of adjustment, in accordance with sections 59-83 and 59-84:

(1)

Telecommunications towers, pursuant to the terms of section 59-183.

(2)

Banquet (function) hall.

(Code 1995, § 155.068; Ord. of 6-1-1992; Ord. of 8-2-1993; Ord. of 10-4-1993; Ord. of 2-4-2008(1), § 3; Ord. of 6-1-2009, § 2; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2—4; Ord. of 6-6-2011(2); Ord. of 7-9-2012, §§ 2, 4)

(a)

Purpose. The airport district is established to prevent encroachment upon navigable airspace by structures or natural objects which, by virtue of their height and location, would constitute a hazard to normal aircraft operations and thus diminish the utility and value of the airport, and to prevent the establishment of new uses which would concentrate large numbers of people where an aircraft accident would result in substantial loss of life, and to otherwise minimize the danger to the public inherent in normal airport activities and aircraft operations, and to enhance the public investment of the town and county in airport facilities.

(b)

Permitted uses. Permitted uses within the A district shall be as follows:

(1)

Accessory buildings and uses that are customary and incidental to the use permitted in the district.

(2)

Agriculture, including the sale and processing of products grown on the premises, but excluding commercial animal confinement facilities.

(3)

Airports.

(4)

Golf courses.

(5)

All uses permitted in the I-1 and I-2 districts.

(6)

Nurseries (horticultural).

(7)

Signs, in compliance with article X of this chapter.

(8)

Parking required in conjunction with any permitted use.

(9)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously used. (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(10)

Auction sales/auction firm excluding livestock.

(11)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Dimensional requirements.

(1)

Minimum lot area. Minimum lot area shall be 20,000 square feet.

(2)

Minimum lot size (width). Minimum lot size (width) shall be 90 feet.

(3)

Minimum yards.

(4)

Height requirements.

a.

There are hereby created and established certain height zones which include all of the land laying within the noninstrument approach zones, transition zones, and horizontal zones. Such height zones are shown on the official zoning map and are intended to establish height restrictions governing structures and trees which shall prevail in instances where they are more stringent than the height requirements generally applicable.

b.

The various zones are hereby established and defined as follows:

1.

Noninstrument approach zone. A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,250 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

2.

Transition zones. Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line 125 feet on either side of the centerline of the noninstrument runway, for the length of such runway plus 200 feet of each end; and 500 feet on either side of the centerline of the instrument runway, for the length of such runway plus 200 feet on each end, and are parallel and level with such centerlines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of the of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal zone.

3.

Horizontal zone. A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of 5,000 feet. The horizontal zone dos not include the noninstrument approach zones and the transition zones.

4.

Conical zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 3,000 feet. The conical zone does not include the approach zone or transition zone.

c.

Except as other wise provided in this chapter, no structure or tree shall be erected, altered allowed to grow, or maintained in any zone created by this chapter to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:

1.

Noninstrument approach zones. One foot in height for each 20 feet in horizontal distance beginning at a point 2,000 feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway.

2.

Transition zones. One foot in height for each seven feet in horizontal distance beginning at any point 200 feet normal to and at the elevation of the centerline of noninstrument runways, extending 200 feet beyond each and thereof, extending to be a height of 150 feet above the airport elevation which is 317 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal zone.

3.

Horizontal zone. One hundred fifty feet above the airport elevation or a height of 317 feet above mean sea level.

4.

Conical zone. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 300 feet above the airport elevation.

(Code 1995, § 155.069; Ord. of 6-1-1992; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), §§ 2, 4)

(a)

Purpose and intent.

(1)

The university-college (UC) district is intended to allow for growth and development of community colleges, public and private colleges and universities while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new development.

(2)

Development in the UC district shall be designed for a mix of university-related, integrated uses, as specified below, linked by pedestrianways, bikeways, and other transportation systems. Development in these districts shall also encourage reduced auto use, mitigate environmental impacts, conserve energy resources and achieve visual continuity in site location and scale of buildings.

(b)

Areas regulated.

(1)

The campus areas for these institutions shall be divided into two types of areas, with distinct standards applying to each area:

a.

Internal campus (IC). University properties contiguous only to other university properties, with resulting impacts primarily affecting only the university; and

b.

Perimeter transition area (PTA). University properties adjoining nonuniversity properties, where there are direct impacts from university development on nearby nonuniversity properties. As a result, there is a corresponding need to ensure greater compatibility in these areas.

(2)

PTAs shall be designed to establish standards at edges of campus areas that minimize any adverse impacts of proposed development on adjacent nonuniversity properties. Standards shall be applicable to a 150-foot wide area at the boundaries of the UC district. Where applicable, this area shall be measured from the midpoint of public rights-of-way (ROWs) adjoining the edge of university properties. If a public right-of-way adjoining the institutional property edge (with no adjoining buildings) is wider than 150 feet, and contains no existing or planned buildings, then no PTA standards shall be applied and the area and may develop consistent with the internal campus standards.

(3)

In order to reflect this differing level of impact on nonuniversity properties, the internal campus development standards shall be more general and flexible, while the PTA standards shall be more specific and detailed.

(3)

Yard sales/garage sales; three consecutive day maximum limit—Display and sale by an individual from a residence of the property or by a nonprofit organization from the property of the nonprofit organization's personal property which has been owned or previously use (A permit is required. Two yard sales are allowed within a 30-day period. Items for sale shall not be displayed when the yard sale is not legally permitted).

(4)

Temporary use auction sales/auction firm excluding livestock.

Temporary use auction sales/auction firms regulations shall be:

1.

Parking is deemed adequate to accommodate the proposed temporary use, in addition to required parking for any permanent use or uses located at the event site.

2.

The temporary use will not create hazardous vehicular or pedestrian traffic conditions.

3.

The proposed temporary use will be located no closer than 100 feet to a dwelling. If the proposed use is indoors, this provision shall not apply.

4.

Adequate sanitary facilities, utility, drainage, refuse management and similar necessary facilities and services will be available to serve employees, patrons or participants.

5.

Plans for security and safety are provided.

6.

All inspections and permits required by applicable construction codes have been made and approved by the director of building safety and the fire chief.

7.

Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas.

8.

Temporary structures must comply with minimum setback requirements of the zoning district in which it is located.

9.

The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event.

10.

Duration shall be no more than five consecutive days once per 365-day period.

11.

Hours of operation shall be between 8:00 a.m and 8:00 p.m.

12.

The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion.

13.

A zoning compliance permit is required.

(c)

Permitted uses. Permitted uses within the UC district shall be as follows:

(1)

University and college uses and ancillary uses typically associated with a university or college that are customary and subordinate to the primary educational function of the university or college use, including dormitories, stadia, enclosed arenas, auditoriums, and museums. Typical ancillary uses may also include uses with a direct relationship to a university academic use, such as university medical center uses, including teaching hospitals, medical schools, nursing schools, vocational buildings/workshops, storage buildings, agricultural areas and facilities and support space.

(2)

Limited retail uses, such as university-related bookstores and dining facilities located within other buildings, to the extent that they are designed to serve the on-campus population of the university and not to attract additional traffic to the campus.

(d)

Development intensities.

(1)

Internal campus (IC). Buildings are restricted by height to a maximum of 100 feet. Heights up to a maximum of 150 feet may be approved by a special use permit modification.

(2)

Perimeter transition area (PTA). To ensure compatibility of new building facades and site design with others nearby, the maximum height of buildings shall not exceed 150 percent of the average height of buildings on adjoining properties (including those directly across a public ROW), to a maximum of 75 feet. In calculating the average height for the adjoining buildings, the following considerations shall be included: maximum permitted heights for developable vacant lots, the taller of buildings in front or behind each other and included within 150 feet of the PTA. Heights may be increased beyond 150 percent of average surrounding heights to a maximum of 145 feet, with a special use permit modification.

(e)

Additional design standards.

(1)

General. Unless alternative standards are explicitly established below, all relevant standards and provisions of this chapter shall apply.

(2)

Sidewalks and pedestrianways. Alternate walkway routes outside of regular sidewalk requirements within public ROWs shall be permitted in the IC and may be permitted in PTAs. Such alternate routes must be part of a campus-wide pedestrian plan. Subsequent alternate routes must be consistent with that plan.

(3)

Parking.

a.

One parking space shall be provided per classroom, plus one for every two students, and spaces required for areas of other uses (gymnasiums, auditoriums, residential areas, etc.) shall be pursuant to section 59-292(c).

b.

Within PTAs, surface parking lots shall not be located immediately adjacent to or across from properties zoned and developed as single-family residential properties. No parking facilities within PTAs shall be located less than the average setback for existing buildings and/or parking lots on adjoining properties.

c.

Surface parking lots within PTAs that adjoin public streets shall be landscaped or otherwise screened with structures, etc., to minimizes views of parking from the street and adjoining properties.

(4)

Density. There shall be no density limits or limits on unrelated persons residing in residential housing, provided room size requirements set forth in the state building code are satisfied.

(5)

Lighting. Within PTAs, new athletic fields shall not be exempt from the lighting standards set forth in this chapter.

(6)

Screening of mechanical equipment, utility systems, solid waste and loading areas. Within PTAs, screening shall be compatible with surrounding properties, especially as viewed from public streets and adjoining properties. Applicable ordinance requirements addressing these issues shall also apply.

(7)

Landscaping. Within PTAs, landscaping shall be provided so as to ensure compatibility with adjoining and facing properties. Landscaping shall also include appropriate design and handling of stormwater.

(f)

Development review procedure.

(1)

General. A campus master plan shall be submitted to the zoning administrator at the same time as the rezoning application submittal. Such campus master plans shall be viewed as illustrative in nature and may be updated, in whole or in part, at any time. Only properties included as part of a university campus master plan may be included in the UC district.

(2)

Additions to initial UC district. Subsequent to the initial rezoning, a development plan shall be required with a rezoning application with any requested additions to the initial UC district.

(3)

Approval of individual building or facilities. Provided the individual buildings and facilities are shown on the campus master plan with no major changes in location, height, parking, etc., the zoning administrator may issue a zoning compliance permit.

(4)

Significant changes to campus master plan. Significant changes to the campus master plan shall be submitted and reviewed by the conditional use permit process.

(g)

Special uses.

(1)

Solar farm.

Solar energy systems, solar farm development standards shall be:

a.

Height. Systems, equipment and structures shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.

b.

Setback. Active solar system structures must meet the following setbacks:

1.

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

c.

Distribution lines. To the extent practical, all new distribution lines to any building, structure or utility connection may be located above ground.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Compliance with building code. All active solar systems shall meet all requirements of the North Carolina State Building Code and shall be inspected by a town/county building inspector.

f.

Compliance with National Electric Code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

g.

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the planning and development department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

h.

Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.

i.

A minimum six-foot high chain-link fence secured on the top with barbed wire shall be installed around the perimeter of the site of a solar farm.

j.

Accessibility for emergency services vehicles shall be required.

k.

No signage is allowed on the solar farm fencing except for a sign not to exceed 32 square feet displaying the facility name, address and emergency contact information.

(Ord. of 1-7-2008(2), § 1; Ord. of 9-9-2009(2), § 2; Ord. of 4-5-2010(1), § 4; Ord. of 7-9-2012, §§ 3, 5)