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Nash County Unincorporated
City Zoning Code

11-4

DEVELOPMENT STANDARDS FOR INDIVIDUAL USES.

11-4.1.

Application of Development Standards. The development standards listed herein are additional to other requirements in this Ordinance. These development standards are use-specific and apply to those uses designated with a 'D' in Table 9-3-1 Table of Permitted Uses. Uses requiring approval of a Special Use or Conditional Use Permit (designated with a 'S' or 'C' in Table 9-3-1) shall also be subject to these standards and any additional standards or conditions required by the Special Use Permit or Conditional Use Permit.

11-4.2.

Standards for All Uses. The following rules apply to all development standards and uses listed below:

(A)

Property Separation. All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed use is to be located to the lot line of the closest use (or zoned property) from which the proposed use is to be separated.

(B)

Use Separation. All measurements shall be made by drawing straight lines from the nearest point on the wall of a proposed or existing principal building or edge of a proposed use to the nearest point on the wall of the principal building from which the subject building is to be separated, unless otherwise specified.

(C)

Outdoor Lighting. Outdoor lighting structures shall be located, angled, shielded, or limited in intensity so as to cast no direct light upon adjacent property and to avoid the creation of a visual safety hazard to passing motorists.

11-4.2(a)

Accessory Solar Panel Array (Photovoltaic).

(A)

Where Required. All zoning districts.

(B)

Accessory Use.

(1)

Solar panel arrays shall be permitted as an accessory use to the principal structure(s) located on the same lot or as part of a nonresidential unified development.

(2)

An accessory solar panel array shall provide or supplement the power for the principal use of the property on which it is located and shall not be installed and/or used for income generation purposes where power is sold either to a utility provider or other similar third party entity for primarily offsite energy consumption. This provision shall not, however, limit the ability of the property owner to:

(a)

Transfer or sell excess power generated onsite back to the utility provider or other third party entity; or

(b)

Receive credit from a local utility provider for the power generated onsite as a means to offset utility bills.

(C)

Adjacent Structures or Foliage. Nothing detailed herein shall be construed to mandate or require property owners adjacent, or in close proximity, to a lot where a solar panel array is being erected to manage, remove, or otherwise alter existing or future structures or foliage to guarantee solar access to the proposed array.

(D)

Roof-Mounted and Integrated.

(1)

Accessory solar panel arrays may be mounted on the roof or integrated into the design (i.e., shingles, canopies, etc.) of any code compliant structure.

(2)

Structural engineering demonstrating that the roof or structure can support the weight of the proposed solar panel array and that the design of the proposed solar panel array will satisfy the wind loading and uplift standards for the wind zone in which it is to be located shall be required as part of the construction permit review process.

(E)

Ground-Mounted.

(1)

Industrial Zoning Districts. Ground-mounted accessory solar panel arrays located in industrial zoning districts shall be permitted as solar farms in accordance with the development standards of Article XI, Section 11-4, Subsection 11- 4.72(a).

(2)

All Other Zoning Districts.

(a)

Maximum Area. Ground-mounted accessory solar panel arrays may occupy a maximum area, as measured around the perimeter of the panel array, of up to 50% of the footprint of the principal structure(s) located on the same lot, but shall not exceed a total area of one-half (½) acre in agricultural or residential zoning districts and one (1) acre in commercial or office and institutional zoning districts.

(b)

Maximum Height. Ground-mounted accessory solar panel arrays shall not exceed ten (10) feet in height, as measured from the highest grade at the base of the array to its highest point.

(c)

Setback Requirements.

i.

Ground-mounted accessory solar panel arrays shall be located either behind the rear line of the principal structure(s) located on the same lot or a minimum of two hundred (200) feet from the front property line as measured to the nearest extension of any part of the solar panel array.

ii.

Ground-mounted accessory solar panel arrays shall meet the standard side, rear, and street side (corner) property line setbacks required for principal structures by the zoning district in which they are located as measured to the nearest extension of any part of the solar panel array.

(d)

Separation From Structures. Ground-mounted accessory solar panel arrays shall be located a minimum of five (5) feet from any principal or accessory structure as measured to the nearest extension of any part of the solar panel array.

(e)

Sight Distance. Ground-mounted accessory solar panel arrays shall not impair the sight distance required for safe road access to or from the property or other properties in the vicinity.

(f)

Screening. Ground-mounted solar panel arrays accessory to commercial or industrial land uses shall be subject to the adjoining incompatible land use screening requirements of Article XI, Section 11-3, Subsection 11-3.3 (B) except that understory trees may be substituted for any required canopy trees.

(g)

Onsite Well and Wastewater System Avoidance. A certificate of compliance shall be issued by the Nash County Environmental Health Division prior to the installation of ground mounted accessory solar panel arrays on lots containing either an onsite well or wastewater (septic) system in order to verify that the proposed location of the array shall meet any required separation distances.

(h)

Wind Loading. Structural engineering demonstrating that the design of the proposed solar panel array will satisfy the wind loading and uplift standards for the wind zone in which it is to be located shall be required as part of the construction permit review process.

(Ord. of 8-6-2018)

11-4.3.

Adult Bookstore, Adult Theater, Adult Massage Parlor.

(A)

Where Required. GC district.

(B)

Conformance with County Ordinances. The use shall conform to the requirements of the Ordinance to Regulate Adult Businesses and Sexually Oriented Businesses in Nash County and the Ordinance of the County of Nash to Provide for Regulation and Licensing of Massage Establishments or Parlors, as applicable.

11-4.4.

Airport or Air Transportation Facility.

(A)

Where Required. OI, GC, and PI districts.

(B)

Minimum Area. Fifty acres for Basic Utility Stage 1 airport with 2,000-foot runway. More area is required for larger airports. Airport size and layout shall conform to FAA Advisory Circular 150/5300-4B.

(C)

Use Separation. There shall be a minimum 300-foot distance between the airport property and the nearest residence.

(D)

Fencing. Security fencing shall be provided sufficient to control access to runways and taxiways. The fencing shall be a minimum 6 feet in height.

11-4.5.

Ammunition, Small Arms Manufacture.

(A)

Where Required. GI District.

(B)

Use Separation. No such facility shall locate within a 500-foot radius of any residential or office and institutional zoning district.

(C)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such a facility.

(D)

Operation. The facility and its operation shall observe all Fire Prevention and Protection requirements.

11-4.6.

Amusement or Water Parks, Fairgrounds.

(A)

Where Required. A-1 district.

(B)

Minimum Area. Minimum lot size shall be 5 acres.

(C)

Property Separation. No buildings or structures, temporary or otherwise, shall be located within 50 feet of any property line.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the park activities.

(E)

Use Separation. No amusement equipment, machinery or mechanical device of any kind may be operated within 200 feet of any residentially used or zoned property.

11-4.7.

Amphitheaters.

(A)

Where Required. OI and GC districts.

(B)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the amphitheater.

(C)

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

(D)

[Parking.] Parking generated by the event must be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.

(E)

[Access.] Principal access must be from a collector or higher capacity road.

(F)

[Theatre screen location.] No part of any theater screen, projection booth, or other building shall be located closer than 500 feet to any existing residence or any closer than 50 feet to any other property line or public road right-of-way. No parking space shall be located closer than 100 feet to any residentially-used or zoned property.

(G)

[Stage placement.] The amphitheater stage shall not face or be visible from a road or highway unless screened with an approved solid barricade screen.

11-4.8.

Animal Rendering.

(A)

Where Required. GI district.

(B)

Property Separation. All structures, buildings or enclosed areas used for the operation shall be a minimum of 150 feet from all property lines.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Fencing. Security fencing shall be provided around all outside storage areas.

(F)

Access. A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses which would be negatively impacted by truck traffic.

(G)

Odors. The use shall not generate fumes or odors beyond what normally occurs in the zoning district in which it is located.

11-4.9.

Animal Specialty Services.

(A)

Where Required. RC and GC districts.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.10.

Athletic Fields.

(A)

Where Required. A-1 and all residential districts.

(B)

Access. All athletic fields shall have access to collector or higher capacity road.

(C)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.11.

Automobile Repair Services.

(A)

Where Required. RC district.

(B)

Maximum Built-Upon Area. Outdoor storage areas and all other built-upon areas shall not exceed 24 percent.

(C)

Operation. No outdoor disassembly or salvaging shall be permitted.

(D)

Screening. Any outdoor storage area must be screened with a 6-foot high opaque fence in addition to any landscaping or screening required by Section 11-3.

(E)

Dust. All unpaved storage areas shall be maintained in a manner so as to limit dust from leaving the storage area.

11-4.12.

Bar, Night Club, and Tavern.

(A)

Where Required. RC and GC districts.

(B)

Use Separation. No bar, night club or tavern shall be located within 500 feet of any other bar, night club or tavern.

(C)

Property Separation. No such establishment shall be located within 500 feet of a church, elementary or secondary school, public park or residentially zoned lot. In no case shall such establishment be located within 500 feet of an existing residence.

(D)

Screening. A minimum 6-foot high opaque fence or vegetative buffer shall be erected adjacent to the property line of abutting residences.

(E)

Parking. Parking areas related to the establishment shall be located no closer than 75 feet to the property line of abutting residences.

11-4.13.

Batting Cages.

(A)

Where Required. RC district.

(B)

Security Fencing. Fencing, netting or other control measures shall be provided around the perimeter of the batting area to prevent balls from leaving the designated area.

11-4.14.

Bed and Breakfast.

(A)

Where Required. A-1 and all residential districts.

(B)

Use Separation. No such facility shall locate within 400 feet of another bed and breakfast.

(C)

Operation.

(1)

The use must be owned and operated by a resident owner.

(2)

The use shall be located in a structure which was originally constructed as a dwelling.

(3)

Meals served on the premises shall be only for guests of the facility.

(D)

Signs. There shall be no exterior advertising except that which is permitted for a home occupation.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.15.

Building Supply Sales.

(A)

Where Required. RC and GC districts.

(B)

Screening. All outside storage shall be completely screened from view from all roads and adjacent residentially zoned property.

(C)

Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.

(D)

Dust. All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.

11-4.16.

Caretaker Dwelling.

(A)

Where Required. OI, all commercial, and all industrial districts.

(B)

Operation. A building permit for the principal building must be obtained or the principal use must be initiated prior to occupancy.

(C)

Number. No more than 1 caretaker dwelling unit shall be permitted per lot.

(D)

[Manufactured home permitted.] A caretaker dwelling may be a manufactured home.

(E)

[Requilrements.] A caretaker dwelling shall:

(1)

Have an approved sewage disposal connection or system;

(2)

Meet all setbacks applicable to the principal building or use;

(3)

Be erected in accordance with the NC Building Code;

(4)

Be located on a lot which has sufficient lot area for both the principal use and a single-family residence.

11-4.17.

Carnivals and Fairs.

(A)

Where Required. A-1, OI, and PI districts.

(B)

Minimum Lot Area. The minimum lot size shall be 3 acres.

(C)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the carnival or fair.

(D)

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

(E)

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

11-4.18.

Church.

(A)

Where Required. All residential districts.

(B)

Location. Church facilities located on sites of 3 acres or more shall have direct access to a collector or higher capacity road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.19.

Club.

(A)

Where Required. A-1 and all residential districts.

(B)

Location. Clubs shall have direct access to a collector or higher capacity road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.20.

(Reserved).

11-4.21.

(Reserved).

11-4.22.

Concerts, Stage Shows.

(A)

Where Required. OI district.

(B)

Minimum Lot Area. The minimum lot size shall be 3 acres.

(C)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the concert or stage show.

(D)

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

(E)

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

(F)

Location. Principal access must be from a collector or higher capacity road.

11-4.23.

Congregate Care Facility.

(A)

Where Required. R-20, R-10, R-6, OI and all commercial districts.

(B)

Operation.

(1)

The facility shall provide centrally-located, shared food preparation, service and major dining areas.

(2)

Common recreation, social and service facilities shall be provided at a minimum rate of 30 square feet per dwelling unit or per rooming unit.

(3)

All facilities shall be solely for the use of residents and their guests.

(4)

Facilities for administrative services and limited medical services for the exclusive use of the residents shall be located on the site.

(C)

Property Separation. No such facility shall be located within one mile of an existing congregate care facility.

11-4.24.

Convenience Store.

(A)

Where Required. OI district.

(B)

Maximum Area. A maximum of 3,000 square feet of gross floor area shall be permitted per establishment.

(C)

Outside Storage. No outside storage of materials shall be permitted.

(D)

Gasoline Service Islands/Pumps. There shall be no more than 1 gasoline service island.

11-4.25.

Correctional Institution.

(A)

Where Required. A-1 and OI districts.

(B)

Minimum Property Line Setback. 100'

(C)

Use Separation. All structures, enclosed areas, and fenced areas shall be located at least 200' from any residential zoning district.

(D)

Location. Principal access must be from a collector or higher capacity road.

11-4.26.

Country Club with Golf Course.

(A)

Where Required. A-1, all residential, and OI districts.

(B)

Minimum Area. The minimum area shall be 2 acres in addition to the golf course(s).

(C)

Use Separation. Fifty-foot minimum distance between clubhouse, swimming pool, lighted tennis court, or athletic field and any adjacent residentially-zoned property.

(D)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department s public swimming pool regulations.

11-4.27.

Day Care Center, Child or Adult.

(A)

Where Required. A-1, all residential, LI, and GI districts.

(B)

Security Fencing. Outdoor activity area(s) for children shall be enclosed by a security fence at least 4 feet in height and located outside the road setback.

(C)

Location. Centers on a site greater than 3 acres shall have access to a collector or thoroughfare road.

11-4.28.

Demolition Debris Landfill.

(A)

Where Required. A-1, GC, and GI districts.

(B)

Use Separation. Fifty feet minimum from any property line; three hundred feet minimum from any residence.

(C)

Access. Access to the landfill shall be controlled with gates, chains, fences, ditches, and/or vegetation to prevent unregulated dumping.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.

(E)

Operation. No filling is permitted in the 100-year floodplain of any stream; no filling is permitted in utility easements.

(F)

Closure. Landfills shall be closed with a minimum of 2 feet of clean soil, graded to a maximum slope of 3:1 and stabilized with vegetation or in accordance with current state standards.

(G)

Signs. An entrance sign shall be posted and maintained which lists the name and phone number of the current operator, the types of material accepted, the hours of operation, tipping charges and any other pertinent information.

11-4.28(a).

Equipment Repair, Agricultural and Farm Machinery.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings and outdoor storage or work areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot.

(C)

Operation. No outdoor disassembly or salvaging shall be permitted.

11-4.29.

Explosives Manufacture.

(A)

Where Required. A-1 district.

(B)

Property Separation. No facility shall locate within 500 feet of any residentially or office and institutionally zoned property.

(C)

Setbacks. Buildings, including any accessory buildings for storage of explosive raw materials and/or final products, shall be not less than 150 feet from all property lines.

(D)

Security Fencing. Security fencing, a minimum of 8 feet in height, shall be provided along the entire boundary of the facility.

(E)

Operation. Building(s) shall meet the requirements for Hazardous Occupancy under the NC Building Code.

11-4.30.

Farm Product Warehousing and Storage.

(A)

Where Required. A-1 and RC districts.

(B)

Use Separation. All structures, buildings or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

11-4.31.

Fish, Canned, Cured or Frozen Manufacture.

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.32.

Go-Cart Raceway.

(A)

Where Required. RC and GC districts.

(B)

Property Separation. No raceway shall be located within 500 feet of any residentially or office and institutionally zoned property.

(C)

Noise. The facility shall be sited and operated so as to not produce noise or sound which would adversely impact adjoining and surrounding properties.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.

(E)

Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the raceway.

(F)

Hours of Operation. No such facility that adjoins residentially used or zoned property shall conduct business between the hours of 11 p.m. and 8 a.m.

11-4.33.

Golf Course.

(A)

Where Required. A-1 and all residential districts.

(B)

Use Separation. Fifty-foot minimum distance between the clubhouse or other principal building(s) and any adjacent residentially-zoned property.

11-4.34.

Golf Driving Range.

(A)

Where Required. RC district.

(B)

Minimum Area. The minimum lot depth from the tees to the end of the driving area shall be 1,000 feet or the end shall be controlled with netting and/or berms to prevent golf balls from leaving the property.

(C)

Security Fencing. Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area so as to prevent golf balls from leaving the driving area.

11-4.35.

Group Care Facility.

(A)

Where Required. R-10, R-6, OI, and GC districts.

(B)

Property Separation. No such facility shall be located within one mile of an existing group care facility.

(C)

Operation. The facility shall be limited to not more than 30 persons including resident managers.

11-4.36.

Hazardous and Radioactive Waste (Transportation, Storage, And Disposal).

(A)

Where Required. GI district.

(B)

[Compliance required.] The use shall comply with the Federal Resource Conservation and Recovery Act of 1976, as amended (PL 94-580) and the North Carolina Solid Waste Management Act, as amended (Article 13B. NCGS 130-166.16) for design, siting, and materials to be stored and treated.

(C)

Property Separation. All storage, treatment, and loading facilities handling hazardous materials will be located at least 200 feet from any property line and at least 1,250 feet from any lot not located in an industrial district. The required separation area shall contain a sufficient amount of natural or planted vegetation so that such facilities are screened visually from an adjoining property not located in an industrial district.

(D)

Fencing. A security fence at least 7 feet in height with a minimum 9-gauge fabric and 3 strands of barbed wire shall surround all facilities for the storage and handling of hazardous materials.

(E)

Location. Vehicular access to the operation will be provided only by way of a US or NC numbered highway or an industrial area access road.

(F)

[Surface and groundwater protection.] All surface water and groundwater on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials.

(G)

[Protection of sewer and stormwater systems.] All sanitary sewer and stormwater management systems on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials. A stormwater management plan shall be prepared by the applicant and submitted to the County for review by the County and the Environmental Management Division of the NC Department of Environment, Health, and Natural Resources. A NPDES Permit for stormwater discharge shall also be obtained, if applicable.

11-4.37.

Homeless Shelter.

(A)

Where Required. R-6, OI, and GC districts.

(B)

Property Separation. No such facility shall be located within ¼ mile of an existing homeless shelter.

11-4.38.

Home Occupations.

(A)

Where Required. A-1, all residential, OI, and all commercial districts.

(B)

Operation.

(1)

A home occupation must be a commercial use or activity that is conducted entirely within a dwelling or accessory structure by the occupants thereof, that is clearly incidental and secondary to the use of the dwelling for residential purposes and that does not change the character of the residence or create a significant adverse impact on the surrounding neighborhood.

(2)

Only 1 FTE employee may be employed who is not an occupant of the residence.

(3)

Activities shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located. No home occupation shall involve the use of electrical or mechanical equipment that would change the fire rating of the structure in which the home occupation is located.

(4)

Instruction in music, dancing, art, or similar subjects shall be limited to no more than 5 students at one time.

(5)

Child or adult day care operations shall be limited to no more than 5 clients at one time.

(C)

Maximum Area.

(1)

The area set aside for a home occupation within a dwelling and/or an accessory structure shall occupy no more than a combined total of 500 square feet.

(2)

Any area set aside for a home occupation within a dwelling shall occupy no more than 25 percent of the gross floor area of the dwelling unit.

(D)

Outside Storage/Displays. No outside storage or display of items associated with the home occupation is permitted. No indoor displays of items associated with the home occupation shall be visible from the exterior of the dwelling or accessory structure.

(E)

Signs. No sign related to a home occupation located within a residential or agricultural zoning district shall be allowed. Signs for home occupations located within nonresidential zoning districts shall conform to the requirements of Section 11-1.5(F).

11-4.39.

Horse Shows.

(A)

Where Required. A-1, R-40, R-30, RC, and GC districts.

(B)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the proposed horse show site.

(C)

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

(D)

[Traffic flow.] The Zoning Administrator shall not grant the permit unless it finds that the parking generated by the horse show can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

11-4.40.

Internet Sweepstakes Cafe.

(A)

Where Required. RC and GC districts.

(B)

Use Separation. No Internet sweepstakes cafe shall be located within 500 feet of any other Internet sweepstakes cafe.

(C)

Property Separation. No such establishment shall be located within 500 feet of a church, elementary or secondary school, public park, or residentially zoned lot. In no case shall such establishment be located within 500 feet of an existing residence.

(D)

Screening. A minimum 6-foot high opaque fence or vegetative buffer shall be erected adjacent to the property line of abutting residences.

(E)

Parking. Parking areas related to the establishment shall be located no closer than 75 feet to the property line of abutting residences.

11-4.41.

Kennels or Pet Grooming.

(A)

Where Required. RC and GC districts.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.42.

Landing Strip, Flying Field (Private).

(A)

Where Required. A1, R-40, OI, GC and PI districts.

(B)

General Requirements.

(1)

The applicant shall submit a scaled site plan depicting the proposed location and dimensions of the landing strip as well as any relevant required separation distances.

(2)

Use of the landing strip shall be limited to the property owner and authorized guests only.

(3)

The landing strip shall not be used commercially by any aircraft not owned by the property owner.

(4)

Prior to the operation of the landing strip, the applicant shall submit one of the following forms of documentation from the North Carolina Department of Transportation:

(a)

An approved aircraft landing area permit;

(b)

Verification of the submittal and receipt of an aircraft landing area permit application; or

(c)

A statement that the proposed landing strip does not require an aircraft landing area permit.

(5)

There shall be a minimum distance of 500 feet between the ends of the landing strip and the nearest public road right-of-way and 150 feet between the sides of the landing strip and the nearest public road right-of-way unless otherwise approved by the North Carolina Department of Transportation.

(6)

There shall be no existing offsite residences located within a 500 foot distance extending in a straight line from either end of the landing strip.

(7)

No illumination of the landing strip shall be permitted.

(C)

Dimensional Requirements for A1, OI, GC and PI Districts.

(1)

There shall be a minimum distance of 200 feet between any portion of the landing strip and the nearest offsite residence or residentially zoned lot.

(D)

Dimensional Requirements for R-40 District.

(1)

There shall be a minimum distance of 200 feet between any portion of the landing strip and the nearest residentially zoned lot.

(2)

There shall be a minimum distance of 350 feet between the sides of the landing strip and the nearest offsite residence.

(3)

Landing strips shall only be permitted in areas of the R-40 district with a rural development pattern meeting the requirements below:

(a)

All existing contiguous lots must have a minimum lot area of at least one acre.

(b)

50% of the contiguous lots must have a minimum lot area of at least 10 acres.

(4)

The property owner must reside on the same lot as the landing strip.

(5)

Commercial use of the landing strip and accessory structures is prohibited.

(Ord. of 7-5-2016, § (2))

11-4.43.

Leather and Leather Products Manufacture (tanning).

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

[Noise.] The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.44.

Library.

(A)

Where Required. A-1, all residential districts, and PI districts.

(B)

Location. Libraries shall have direct access to a collector or higher classified road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.45.

Reserved.

11-4.46.

Manufactured Home Park.

(A)

Where Required. A-1, R-20, R-15, R-10, and R-6 districts.

(B)

General Requirements.

(1)

Minimum Number of Manufactured Home Spaces. At least 4 spaces.

(2)

Manufactured homes shall not be sold within a manufactured home park, except that an individual manufactured home owner shall be allowed to sell the manufactured home in which he resides.

(3)

The transfer of a deed to a manufactured home space or spaces either by sale or by any other manner shall be prohibited within a manufactured home park as long as the manufactured home park is in operation.

(4)

Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the NC Building Code may be added to any manufactured dwelling provided that setback within the space can be met and a building permit is obtained from the County.

(5)

Within a manufactured home park, one manufactured home may be used as an administrative office.

(6)

Convenience establishments of a commercial nature shall be limited to food stores, coin-operated laundries, beauty parlors and barber shops. These may be permitted in manufactured home parks subject to the following restrictions:

(a)

Such establishments shall be subordinate to the residential use and character of the park.

(b)

Such establishment shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

(c)

Such establishment shall be designed to serve the trade and service needs of the park residents only.

(7)

The Nash County Environmental Health Section, the Nash County Building Inspector, and/or the Zoning Administrator are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Section. It shall be the duty of the owners or occupants of manufactured home parks to give these agencies free access to such premises at reasonable times for inspection.

(8)

The park owner or operator shall notify park occupants of all applicable provisions of this Section and inform them of their duties and responsibilities under this Section.

(9)

Site plans for manufactured home parks shall comply with the requirements of Article IV and Appendix 1.

(C)

Manufactured Home Space Requirements.

(1)

All manufactured homes shall be located on individual manufactured home spaces. Spaces served by municipal water and sewer systems or community water and sewer systems shall have at least 5,000 square feet of lot area. Spaces served by either a municipal or community sewer system, but not served by a municipal or community water system shall have at least 15,000 square feet of lot area or a larger area if determined necessary by the Nash County Health Department. Spaces served by a municipal or a community water system but not served by a municipal or a community sewer system shall have at least 15,000 square feet of lot area or a larger area if determined necessary by the Nash County Health Department per manufactured home unit, allowing no more than one manufactured home per septic tank. Spaces shall not be less in width at the setback line than the width required by the applicable zoning district in which the park is proposed. An individual manufactured home with neither municipal or community water service nor municipal or community sewer service shall not be permitted within a manufactured home park.

(2)

Each manufactured home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners and each space shall clearly display a street address as assigned by the County.

(3)

Each manufactured home space shall be located so as not to be susceptible to flooding and shall be graded so as to prevent any water from ponding or accumulating on the premises.

(4)

Each manufactured home shall be located at least 20 feet from any other manufactured home, at least 20 feet from any building within the manufactured home park, at least 20 feet from a side external property line, the setback from a rear external property line shall be the distance required by the applicable zoning in which the park is proposed, and at least 15 feet from the edge of the right of way of any private interior road. The setback from a public road right-of-way shall be the same as that required for the zoning district in which the manufactured home park is located.

(D)

Road and Access Requirements.

(1)

Convenient access to each manufactured home space shall be provided by roads with a minimum right-of-way of 50 feet for a residential collector road and 45 feet for a local residential road as defined by the North Carolina Department of Transportation Subdivision Roads Minimum Construction Standards Manual. The required traveled way width is 20 feet for a 50-foot right-of-way and 18 feet for a 45-foot right-of-way. Private roads within manufactured home parks shall conform to the construction standards delineated in Section 10-7.3(G)(2).

(2)

Proper sight lines shall be maintained at all road intersections in accordance with the current NCDOT requirements for sight clearances.

(3)

New road names shall not duplicate or be similar to existing road names in the County and shall be subject to approval by the County.

(4)

Two automobile parking spaces shall be provided adjacent to each manufactured home space, but shall not be located within any public right-of-way or within any road in the park.

(5)

No manufactured home space shall have direct vehicular access to a public road.

(6)

All manufactured home spaces shall directly abut a private road contained within the park.

(7)

The manufactured home park owner shall be responsible for the continued maintenance of the roads within the mobile home park.

(E)

Utility Requirements.

(1)

Water Supply. An accessible, adequate, and potable supply of water shall be provided in each manufactured home park. Where a municipal water supply is available, connection shall be made thereto and its supply used exclusively. When a municipal water supply is not available, a community water supply shall be developed, and its supply used exclusively in accordance with the standards of the NC Division of Health Services. Placement of water improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing.

(2)

Sewage Disposal.

(a)

Adequate and safe sewage disposal facilities shall be provided in all manufactured home parks. Collection systems and sewage treatment plants complying with the requirements of the NC Division of Environmental Management shall be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the NC Division of Environmental Management. Placement of sewer improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing. Individual septic tank systems can be considered, if soil, topography, and ground water conditions are favorable and approval from the Nash County Health Department is obtained.

(b)

Provision shall be made for plugging the sewer pipe when a manufactured home does not occupy a space. Surface drainage shall be diverted away from the rise. The rim of the riser pipe shall extend at least 4 inches above ground elevation.

(3)

Solid Waste Disposal and Sanitation Requirements.

(a)

The storage, collection, and disposal of solid waste in the manufacture home park shall be in accordance with the requirements of Nash County Health Department.

(b)

Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Health Director.

(c)

Parks shall be maintained from an accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitos, and other pests.

(d)

Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building materials shall be stored at least 1 foot above the ground.

(e)

Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

(f)

The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

(4)

Street Lighting Requirements. All roads in the manufactured home park shall be adequately illuminated from sunset to sunrise. The minimum size street light shall be a 175 watt mercury-vapor (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than 300 feet.

(5)

Electrical Service Requirements. Minimum electrical service of 200 ampere, 120/240 volt single phase shall be provided to each manufactured home space. The service panel and location as well as all wiring shall be in accordance with the National Electrical Code.

(F)

Screening Requirements. When a manufactured home park is to be constructed within 50 feet of a recorded residential subdivision not naturally screened with existing vegetation located on the site of the proposed manufactured home park, the owner of the park shall provide and maintain a 5-foot buffer yard along the adjacent boundary. The buffer yard shall be planted in evergreen trees or shrubbery or solid fencing at least 5 feet in height.

(G)

Recreational Space Requirements.

(1)

Each manufactured home park shall provide 400 square feet of recreational area for each manufactured home space that is less than 10,000 square feet in area. However, no recreational area required by this subsection shall be less than 2,500 square feet.

(2)

Recreational areas shall not be located in an area utilized for septic tank fields.

11-4.46.1.

Manufactured Home Sales.

(A)

Where required. RC districts.

(B)

General Requirements.

(1)

Maximum Area. Maximum acreage of manufactured home sales operation: 4 acres

(2)

Landscaping. Property line bufferyards shall be required for all lot lines abutting a residentially zoned or used lot, in accordance with Section 11-3.1 (B).

(3)

Display areas. Designated display areas must be indicated on the site plan.

No display area for manufactured homes may be located within a required setback or bufferyard.

(4)

Operation. Only sale models and resale units suitable for immediate occupancy may be displayed on the site. Storage of partially dismantled, damaged by fire or storm or otherwise unoccupiable units on the site is prohibited.

11-4.47.

Marina.

(A)

Where Required. RC and GC districts.

(B)

Access. The marina shall have access to a collector or higher classified road.

(C)

Use Separation. There shall be a minimum 50 feet distance between any buildings, structures, or outdoor use areas associated with the marina and any adjacent residentially used or zoned lot.

(D)

Dust. Any unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.48.

Massage Parlor. (See Section 11-4.3.)

11-4.49.

(Reserved).

11-4.50.

Minerals (Wholesale Trade of).

(A)

Where Required. A-1 district.

(B)

Use Separation. Outdoor storage areas shall be no closer than 50 feet to any adjoining residentially or office and institutionally used or zoned property.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All non-paved storage areas shall be maintained in a manner so as to limit dust from leaving the storage area.

(E)

Access.

(1)

Access roads leading to any part of the operation shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner.

(2)

No part of such roads shall be located closer than 15 feet to an external property line other than a limited access highway or railroad right-of-way line.

(3)

A truck route plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses which will be negatively affected by truck traffic.

11-4.51.

Mining, Quarrying, Sand Pits, and Mineral Extraction.

(A)

Where Required. A-1 and GI districts.

(B)

Use Separation.

(1)

The edges of any pit where a mining operation is taking place and any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial uses operated in conjunction with the mine or quarry shall be located at least 300 feet from any property line.

(2)

Where the mining operation site is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such operation.

(C)

Hours of Operation. All operations involving blasting discernible beyond the external property line on a quarry shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m.

(D)

Mining Permit. A valid state-issued mining permit must be obtained.

11-4.52.

Nursing and Convalescent Home.

(A)

Where Required. A-1, R-40, R-30, R-20, RA-15A, R-15, R-10 and R-6 districts.

(B)

Minimum Lot Area. 8,000 square feet for the first 9 patient beds, rooms, or suites plus 1,000 square feet for each additional patient bed, room, or suite or the minimum lot area requirement for the zoning district, whichever is greater.

(C)

Dimensional Requirements. The following minimum dimensional requirements shall apply to nursing and convalescent homes:

(1)

Road Right-of-Way Building Setback: 50'

(2)

Side Property Line Building Setback: 15'

(3)

Rear Property Line Building Setback: 25'

(4)

Minimum Lot Width: 100'

(5)

Minimum Building Separation: 20'

(D)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.53.

Orphanage.

(A)

Where Required. A-1 and R-6 districts.

(B)

Minimum Lot Area. 8,000 square feet for the first 9 client beds or rooms plus 1,000 square feet for each additional client bed or room or the minimum lot area requirement for the zoning district, whichever is greater.

(C)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.54.

Outdoor Religious Events.

(A)

Where Required. OI district.

(B)

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

(C)

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

(D)

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

(E)

Location. Principal access must be from a collector or higher capacity road.

11-4.54(a).

Patio Home.

(A)

Where Required. A-1, RA-40, R-40, RA-30, R-40

(B)

Number. Only one principal dwelling per lot permitted.

(C)

Access. Patio homes must be accessed from a public road.

11-4.55.

Petroleum and Petroleum Products (Wholesale Trade of).

(A)

Where Required. GI district.

(B)

Property Separation. All storage tanks and loading facilities shall be located at least 200 feet from any property line. Storage tanks and loading facilities shall be located a minimum of 50 feet from any residentially used or zoned property.

(C)

Access. Vehicle access to the use shall be provided only by way of a US or NC numbered highway or an industrial area access road.

(D)

Operation. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the Flammable and Combustible Liquids Code, NFPA 30 of the National Fire Protection Association.

(E)

Dikes.

(1)

Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways, or drainageways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.

(2)

Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than 6 feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, empty or full drums or barrels, shall be permitted within the diked area.

(3)

Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

(F)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such facilities.

11-4.56.

Petroleum and Related Industries (Manufacture of).

(A)

Where Required. GI district.

(B)

Property Separation. All structures, buildings, storage tanks and loading facilities shall be located at least 200 feet from any property line. Notwithstanding the above, if any structures, buildings, storage tanks and loading facilities shall be located less than 200 feet from any property line but more than 200 feet from any property line if any easement or right of way property is included in such determination, subject to written authorization from the owner of the property in which the easement or right of way exists allowing the use of the easement or right of way in the determination, then the 200 foot requirement shall be met. Storage tanks and loading facilities shall be located a minimum of 500 feet from any residentially used or zoned property.

(C)

Access. Vehicle access to the use shall be provided only by way of: (a) a US or NC numbered highway, (b) a State Route (SR) that, based on the determination of the NCDOT District Engineer, meets capacity and design standards necessary to support the projected usage, or (c) an industrial area access road. Gravel or paved roadways shall be provided to all storage tanks

(D)

Operation. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the Flammable and Combustible Liquids Code, NFPA 30 of the National Fire Protection Association.

(E)

The use shall not generate noise, vibration, glare, fumes, odor, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(F)

Dikes.

(1)

Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways, or drainageways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.

(2)

Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than 6 feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, empty or full drums or barrels, shall be permitted within the diked area.

(3)

Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

(G)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such facilities.

11-4.57.

Pottery and Related Products Manufacture.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 50 feet from any residentially used or zoned lot.

(C)

The use shall not generate noise, vibration, glare, fumes, odor, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.58.

Private Campground/RV Park.

(A)

Where Required. A-1, RC, and GC districts.

(B)

General Requirements.

(1)

Site plans for private campgrounds/RV parks shall comply with the requirements of Article IV and Appendix 1.

(2)

No campsite shall be used as a permanent place of abode, dwelling, or business for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be presumed to be permanent occupancy.

(3)

Any action toward removal of wheels of a travel trailer except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes shall be prohibited. There shall be no permanently attached additions.

(4)

All campsites proposed for sale shall be recorded with subsections (2) and (3) above as deed restrictions.

(5)

Accessory uses shall be so designed and developed so as to blend with the park's design and natural setting. Such uses shall be clearly accessory to the principal use as a campground/recreational vehicle park. Accessory uses shall include management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of the park. In addition, stores, restaurants, beauty parlors, barber shops, and other convenience establishments shall be permitted as accessory uses in zoning districts permitting such uses subject to the following conditions:

(a)

Such establishments and the parking areas primarily related to their operation shall not occupy more than 5 percent of the gross area of the park;

(b)

Such establishments shall be restricted in their use to occupants of the park and/or related park association members; and

(c)

Such establishments shall present no visible evidence from any public road of their commercial character.

(6)

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

(7)

Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. A soil sedimentation control plan shall be submitted in accordance with Section 12-4.

(8)

Surface drainage plans for the entire tract shall be reviewed by the Planning Director to determine whether the proposed plan is compatible with the surrounding existing drainage pattern and relevant drainage plans, prior to issuance of site plan approval and building permits. No permit shall be issued where it is determined that the plan is incompatible with surrounding areas.

(C)

Dimensional Requirements.

(1)

Minimum density shall be limited to 15 campsites per net acre, excluding public areas, rights-of-way, watercourses, and other areas as may be set forth.

(2)

In no case shall any campsite contain less than 1,500 square feet. To the greatest extent possible, campsites shall be developed to preserve their natural character. Campsites shall be level and well-drained.

(3)

Recreational vehicles shall be separated from each other and from other structures within the campground/RV park by at least 10 feet. Any accessory structures such as non-attached awnings, carports for the purpose of this separation requirement, shall be considered part of the recreational vehicle. Individual storage facilities shall be at least 5 feet from all side and rear property lines. They may not be placed within the front required setback.

(4)

Recreational vehicle sites and off-street parking spaces shall not be within the setback areas required for main buildings or principal structures.

(5)

Setback areas for recreational vehicle sites shall contain natural vegetation or be landscaped and shall be used for no other purposes.

(6)

The minimum setback of any building, structure, or recreational vehicle site from a public road right-of-way shall be the same as that required for the zoning district in which the park is located.

(7)

The minimum setback from any private, interior road shall be 20 feet from the edge of pavement.

(8)

The minimum exterior side property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior side property line setback shall be at least 20 feet.

(9)

The minimum exterior rear property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior rear property line setback shall be at least 30 feet.

(D)

Access and Road Requirements.

(1)

Entrance driveways shall be located not closer than 150 feet from the intersection of public roads.

(2)

Interior access roads not proposed for public dedication shall conform to the construction standards for subdivision roads of NCDOT. However, requirements for minimum rights-of-way and paving widths shall not apply. Plans and profiles shall be submitted for review and approval. In no case shall the road or parking width be less than 10 feet.

(3)

Entrances and exits to campgrounds/RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic into and out of the park. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the road within (a) 100 feet where the speed limit is 45 mph or (b) within 150 feet where the speed limit is over 45 mph or any portion of the approach lane of the access way within 25 feet of its intersection with the right hand of the lane.

(E)

Parking Requirements.

(1)

There shall be at least 3 off-street parking spaces designated in a campground/RV park for each 2 campsites. At least 1 space must be provided on each campsite with any residual spaces provided within 100 feet of the site.

(2)

Each campsite shall contain a stabilized vehicular parking pad of paving or other suitable material.

(F)

Utility Requirements.

(1)

No on-site water or sewer facilities shall be permitted on any campsite. Proposals for dumping stations and common toilets and restrooms, laundries, and baths shall have the approval and be subject to the requirements of the Nash County Health Department. All community water facility proposals shall be approved and be subject to the requirements of the Nash County Health Department.

(2)

All water supply facilities shall have the approval of the Nash County Health Department and/or NC Division of Health Services. All sewer facilities improvements shall have the approval of the Nash County Health Department and the NC Division of Environmental Management.

(3)

All water and sewer improvements within the campground/RV park shall comply with the NC Building Code for Plumbing.

(G)

Screening Requirements. Where campgrounds/RV parks abut a residential area, a permanent buffer yard of at least 50 feet shall be established with adequate restrictive covenants to prohibit development within the buffer yard. A natural year- round screen shall be planted, which at maturity, shall reach a minimum height of at least 8 feet. Such screening shall complement the adjacent environment.

(H)

Recreational Space Requirements. A minimum of 8 percent of the gross site area of the campground/RV park shall be set aside and developed as common use areas for open or enclosed recreation facilities.

11-4.59

Private Club or Recreation Facility, Other.

(A)

Where Required. A-1, OI, RC [AC1] and PI districts.

(B)

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

(C)

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

(D)

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

(E)

Location. Principal access must be from a collector or higher capacity road for any facility greater than 3 acres in size that generates an average daily traffic volume of over 200 or more trips per day.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with requirements of Section 11-3.1(B).

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department s public pool regulations.

11-4.60.

Public Park or Recreational Facility, Other.

(A)

Where Required. All residential districts.

(B)

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

(C)

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

(D)

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

(E)

Location. Principal access must be from a collector or higher capacity road for any facility greater than 3 acres in size that generates an average daily traffic volume of over 200 or more trips per day.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department's public pool regulations.

11-4.61.

Pulp and Paper Mills.

(A)

Where Required. GI districts.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(D)

Access. Principal access must be from a collector or higher capacity road or an industrial area access road.

11-4.62.

Radio and Television Tower, Communications Tower Over 60 feet in Height. (See Section 11-4.20).

11-4.63.

Retreat Center.

(A)

Where Required. A-1 district.

(B)

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

(C)

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

(D)

Location. Principal access must be from a collector or higher capacity road.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.64.

Riding Academy.

(A)

Where Required. A-1 district.

(B)

Use Separation. There shall be minimum 100-foot distance between manure storage areas, barns or stables and any adjacent residentially-zoned property.

(C)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.

(D)

Restroom Facilities. Restroom facilities shall be approved by the Nash County Health Department.

11-4.65.

(Reserved).

11-4.66.

Rural Family Occupation.

(A)

Where Required. A-1, R-40, and R-30 districts.

(B)

Minimum Area.

(1)

The Rural Family Occupation (RFO) must be located on a tract of 2 acres or more.

(2)

A portion of the tract measuring 40,000 square feet with 100 feet of width must be designated and reserved as exclusively residential in R-40 districts; 30,000 square feet with 100 feet of width in A-1 or R-30 districts.

(C)

Maximum Area. The total floor area of all buildings occupied by the RFO shall not exceed 5,000 square feet. The maximum land area that may be used in conjunction with the Rural Family Occupation is 15,000 square feet.

(D)

Use Separation. All operations of the RFO shall observe a 50-foot setback from all property lines.

(E)

Location. All operations of the RFO shall be located behind the rear line of the building occupied as the principal residence.

(F)

Screening. All operations of the RFO, including buildings, outside storage areas, and parking shall be treated as a separate use and shall be screened in accordance with the requirements of Section 11-3.1(B).

(G)

Environmental Review. The Nash County Environmental Health Division shall evaluate each RFO request to determine the occupation's impact on the surrounding area with respect to excessive noise, dust, air emissions, odors, and surface or groundwater discharge. The RFO shall mitigate the impact on these and other environmental concerns. A written evaluation of these potential impacts is required by the Environmental Health Division prior to the consideration of any request for an RFO.

(H)

Operation.

(1)

The RFO shall be owned by the landowner who must reside on the property.

(2)

No more than 5 persons shall be employed other than those residing on the property.

(3)

Outside storage and parking of commercial vehicles is permitted. The applicant shall indicate on the site plan the type and location of outside storage and the location and proposed number of vehicles to be parked on the lot.

(4)

The RFO shall not be operated between the hours of 9 p.m. to 6 a.m.

(5)

Permitted uses shall be limited to those products assembled or manufactured on-site for resale elsewhere, professional and business services, or stock-in-trade clearly incidental to such services. Commercial retail or wholesale operations which bring to the site goods specifically for the purpose of resale shall be prohibited.

(I)

Signs.

a.

Professional and Occupational signs shall be allowed in accordance with the following:

i.

Maximum sign area—32 sq.ft.

ii.

Maximum height—10 feet if ground mounted; signs in this category may also be mounted on the structure.

iii.

Minimum setback from all property lines—2 feet

iv.

Maximum number of signs—2.

11-4.67.

Salvage Yards, Auto Parts; Scrap Processing.

(A)

Where Required. GI district.

(B)

Minimum Area. The minimum area required to establish a salvage yard shall be 5 acres.

(C)

Use Separation. The operations of salvage yards shall not be any closer than 300 feet to any residential property line. Neither should any such operations be closer than 300 feet to the property line of any school, hospital, nursing and convalescent home, or day care facility.

(D)

Screening. Salvage yards shall be enclosed by a sight obstructing screen of at least 6 feet in height adjacent to public roads and 8 feet in height adjacent to properties of a residential, educational or institutional nature. All such screens shall be maintained in a sound and stable manner for the life of the operation. Entrances and exits shall be secured when the salvage yard is closed. If state or federal requirements for screening are more stringent, such requirements shall be applicable.

(E)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 400 feet to the nearest residence. No noisy processing shall be carried on in connection with the business on Sundays, Christmas, Thanksgiving, or at any time between the hours of 6:00 p.m. and 7:00 a.m.

(F)

Vibration. No vibration shall be produced which is transmitted through the ground and which is discernable without the aid of instruments at or beyond the lot line; nor will any vibration produce a particle velocity of 2.0 inches per second measured at or beyond the property line.

(G)

Dust and Particulates. Emissions of dust and particulates shall be in accordance with the State of North Carolina rules and regulations governing air contamination and air pollution. Particulate matter emission from materials and products subject to becoming windborn will be kept to a minimum by paving, sodding, oiling, wetting, covering or other means such as to render the surface wind resistant. Points of ingress and egress shall be paved/hard-surfaced with either concrete or asphalt.

(H)

Smoke and Burning. Emissions of smoke and burning of non-vegetative matter shall not be permitted on the site of a salvage yard.

(I)

Trash and Garbage. Disposal of trash and garbage shall be in an approved container and be regularly maintained. Open dumping of trash or garbage shall be prohibited.

(J)

Disposal of Toxic/Hazardous Matter. Disposal of toxic/hazardous matter on any salvage yard site shall be expressly forbidden.

(K)

Storage of Fuels. Storage of fuels shall be contained in below ground tanks meeting the requirements of the State of North Carolina. No such fuel storage shall be within 1000 feet of any residential, educational, or institutional structure. Location of fuel storage tanks shall be so designed as to prevent leakage or spillage into any stream. Gasoline and oil shall be removed from scrap engines or vehicles on the premises and adequately stored for disposal.

(L)

Drainage. Salvage yard sites shall be adequately drained to assure that no standing water shall exist that might provide breeding habitation for insects.

(M)

Weeds and Vegetation. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than 6 inches.

(N)

Storage. Salvage materials shall be stored in piles not exceeding 10 feet in height and shall be arranged as to permit easy access to all such salvage for fire fighting purposes.

(O)

Permit Requirements. The facility shall obtain all applicable state and federal permits.

11-4.68.

Satellite Dish Antenna.

(A)

Where Required. All zoning districts.

(B)

Location.

(1)

All supporting cables and anchors shall be contained on the property.

(2)

In residential and OI districts, satellite dish antennas shall not be located or placed within any road right-of-way building setback or side building setback.

11-4.69.

Service Station, Gasoline Sales.

(A)

Where Required. OI district.

(B)

Operation.

(1)

Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication equipment, auto washing equipment, and similar equipment shall be entirely enclosed within a building.

(2)

No outside storage of materials shall be permitted. The number of vehicles stored outdoors shall not exceed the number of service bays at the establishment.

11-4.70.

Sewage Treatment Plant.

(A)

Where Required. A-1, OI, and all commercial districts.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 300 feet from a residentially used or zoned lot.

(C)

Noise. Equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

11-4.71.

Shooting Range, Indoor.

(A)

Where Required. GC district.

(B)

Noise. The facility shall, to the maximum extent feasible, be designed to absorb sound.

11-4.72.

Shooting Range, Outdoor.

(A)

Where Required. A-1 district.

(B)

Use Separation. Separation shall be a minimum 300 feet between the range and the closest exterior property line.

(C)

Access. Access shall be controlled to prevent unregulated entrance to the firing area.

(D)

Security Fencing. Security fencing shall be provided to prevent an individual from crossing the property downrange.

(E)

Backstops. The design of the backstop downrange shall be as approved by the National Rifle Association.

11-4.72(a).

Solar Farm.

(A)

Where Required. A-1, R-40, RC, LI, GI, PI

(B)

Maximum Height. Structures shall not exceed twenty-five (25) feet in height, as measured from grade at the base of the structure to its highest point.

(C)

Setbacks. Solar farm facilities and structures shall conform to the principal building setback requirements of the zoning district in which they are located. Where a solar farm facility is located on multiple lots of record in separate ownership, the building setback requirements shall apply only to the exterior perimeter of the property boundaries surrounding the facility and not to the interior property boundaries within the facility.

(D)

Security Fencing. Solar farm facilities shall be enclosed by a chain-link security fence, a minimum of 6-feet in height and topped with barbed wire.

(E)

Site Plan. Solar farms shall be developed in accordance with an approved site plan that includes:

(1)

The location of the solar farm facility (including the arrangement of any existing or proposed buildings, structures or panels);

(2)

The distance from any proposed solar farm facility, structure or use area to the surrounding property lines;

(3)

Any existing or proposed signs, fencing, lighting, parking areas, driveways, landscaping, vegetative screening or required buffers;

(4)

Horizontal and vertical (elevation) scale drawings with dimensions of proposed solar collector structures; and

(5)

Noted limitations on built-upon area as required for compliance with stormwater, watershed and/or riparian buffer regulations.

(F)

Safety. Solar farm facilities shall not create a visual safety hazard for passing motorists.

(G)

Abandonment. Solar farm facilities shall be removed, at the owner's expense, within one hundred eighty (180) days of a determination by the Zoning Administrator that the facility is no longer being maintained in an operable state of good repair.

11-4.73

Solid Waste Disposal (Non-Hazardous).

(A)

Where Required.

Sanitary Landfill Facilities: A-1 and GI districts.

Collection Sites, Convenience Centers, and Transfer Sites: A-1, R-40, R-30, and GI districts.

(B)

Use Separation.

(1)

All structures, buildings, and landfilling operations associated with a sanitary landfill facility shall be located a minimum of 300 feet from a residentially used lot and a minimum of 500 feet from any existing dwelling.

(2)

All structures, building and waste collection or transfer operations associated with a collection site, convenience center, or transfer site shall be located a minimum of 500 feet from any existing dwelling.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Access.

(1)

Access to the facility shall be by way of a collector or higher classified road.

(2)

Entrances shall be controlled to prevent unregulated access to the facility.

(3)

Access roads leading to any part of the facility shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner.

(4)

No part of access roads shall be located closer than 15 feet to an external property line other than a limited access highway or railroad right-of-way line.

(5)

A truck route plan shall be submitted showing truck routes to and from the facility. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses which will be negatively affected by truck traffic.

(E)

Minimum Area.

(1)

A minimum of 50 acres shall be required to establish a sanitary landfill facility.

(2)

All other types of solid waste disposal facilities such as collection sites, convenience centers, and transfer sites shall have sufficient land area to adequately accommodate the facility's operations and to sufficiently separate the facility from adjoining land uses.

(F)

Siting and Design. The siting and design of the facility shall comply with the applicable requirements of the NC Solid Waste Management Rules.

(G)

Operation. The operation of the facility shall be in compliance with the State of North Carolina's operation, maintenance, and monitoring regulations for solid waste disposal facilities.

11-4.74.

Swim and Tennis Club.

(A)

Where Required. A-1, all residential, OI, all commercial, and PI districts.

(B)

Minimum Area. The minimum area shall be 2 acres.

(C)

Use Separation. There shall be a minimum 50-foot distance between clubhouses, swimming pools, and lighted tennis courts and any adjacent residentially used or zoned property.

(D)

Operation.

(1)

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

(2)

The amount of noise operated shall not disrupt the activities of the adjacent land use.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

(F)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department's public swimming pool regulations.

11-4.74(a).

Swim and Tennis Club, Subdivision.

(A)

Where Required. A-1, All residential, OI, RC, and GC

(B)

Use. Swimming pools and tennis courts located in an approved subdivision on property owned and under the management of a homeowners association, and restricted for the use of residents of the subdivision and their invited guests shall meet all of the criteria in this section.

(C)

Minimum Area. The minimum lot size shall be the minimum requiredfor the zoning district that the subdivision is located in, except clustering of the court or pool lot shall not be permitted.

(D)

Use Separation. There shall be a minimum 50-foot distance between clubhouses, swimming pools, and lighted tennis courts and any adjacent residentially used property or lot for which a dwelling could expect to be constructed. When adjacent to a special purpose lot, parking and structures may be constructed closer than the zoning required setback, but in no case, no closer than 5 feet to any property line.

(E)

Operation. The pool and tennis court hours of operation shall be regulated by the homeowners Association that will own and maintain the area.

(F)

Screening.

a.

All parking lots containing ten or more parking spaces shall include a minimum 10-foot perpetually maintained natural or planted buffer yard to screen the parking lot from all adjoining public road rights-of-way.

b.

The required buffer yard shall contain evergreen shrubs, planted four feet on center, which are of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

c.

The required property line buffer yard shall comply with the planting standards for roadside buffer yards except that there shall be one canopy tree for each 60 LF of property line adjoining a residentially used lot and evergreen shrubs, planted four feet on center, which are of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence and subject to state and local public swimming pool regulations.

(H)

Parking.

a.

The number of required parking spaces shall be ½ spaces per number of lots under the jurisdiction of the Homeowners' Association.

b.

Parking shall be permitted in 50 per cent of the front required setback as long as the parking lot is on the same lot as the use and is located entirely within the subdivision that is being created and there are no lots adjacent to the side or front that is not part of the subdivision. Otherwise, the minimum setback for all parking must meet the zoning required front setback including the buffer.

c.

Parking may be located in any setback that is directly adjacent to a special purpose lot, but in no case, no closer than 5 feet to any property line.

d.

Parking shall be permitted to be located in 50 per cent of the rear required setback as long as there is no potential for development on the adjacent tract located at the common property line and there are no Water Quality Buffer requirements.

11-4.75.

Swimming Pool.

(A)

Where Required. All residential, OI, and commercial districts. The regulations of this section shall be applicable to swimming pools located on private property which are under the control of a homeowner and the use of which is limited to the family members and invited guests.

(B)

Use Separation.

(1)

Pools shall be located so as to comply with the minimum setback requirement for accessory structures for the district in which it is located.

(2)

Pools which are not an integral part of the principal building shall be located a minimum of 5 feet (as measured to the edge of the pool water) from the principal building including porches and/or above grade decking. Steps may encroach into this separation distance per the requirements of UDO Section 9-6.3(B)(1).

(3)

In calculating the size of a swimming pool, the gross square feet will be the total of the swimming pool and any decking, or aprons constructed for the completion of the pool.

(C)

Security Fencing. Swimming pools located outdoors shall be protected by a fence in accordance with Article II, Section 2-4.171-(a) Swimming Pool Barrier.

(Ord. of 3-5-2012)

11-4.76.

Swine Farm.

(A)

Where Required. A-1 district.

(B)

Conformance with County Regulations. The use shall conform to the requirements of the Nash County Intensive Livestock Regulations, as applicable.

11-4.77.

Temporary Hardship Manufactured Home.

(A)

Where Required. A1, all Residential, OI, and all Commercial Zoning Districts.

(B)

Type. A temporary hardship manufactured home shall be a Class B manufactured home, facilitating a caregiver's provision of care for a mentally or physically impaired person. Hardships shall be considered for qualified impairments only and not for financial reasons.

(C)

Location.

(1)

A temporary hardship manufactured home shall be permitted as an accessory use on property owned or occupied by either the caregiver or the mentally or physically impaired person as their primary residence.

(2)

Only one temporary hardship manufactured home shall be allowed on a lot or parcel of land.

(3)

A temporary hardship manufactured home shall not be permitted on a property prior to the occupancy of the primary residence.

(4)

A temporary hardship manufactured home shall comply with all setback requirements applicable to principal dwellings in the zoning district in which it is located.

(D)

Occupant. Either a mentally or physically impaired person receiving care and/or supervision from a caregiver residing in the principal dwelling, or a caregiver providing care and/or supervision for a mentally or physically impaired person residing in the principal dwelling may occupy the temporary unit.

(1)

A mentally or physically impaired person shall require assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in North Carolina.

(2)

A caregiver shall be an individual 18 years of age or older

(E)

Evidence of Compliance. The permit applicant may be required to provide evidence of compliance with these requirements on an annual basis as long as the temporary hardship manufactured home remains on the property. The evidence may involve the inspection of the home by the County at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation, and annual renewal of the doctor's certification.

(F)

Removal. Any temporary hardship manufactured home shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary hardship manufactured home is needed for another mentally or physically impaired person in the same location, the applicant may submit a doctor's certification for that individual within the 60-day period for review and approval by the Zoning Administrator.

11-4.78(a)

Temporary Commercial Construction Office.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary commercial construction office shall be occupied by persons having construction or security responsibilities over a nonresidential construction site. If the office is to be staffed overnight, Nash County Emergency Services shall be advised beforehand.

(C)

Time Limitation. A temporary commercial construction office shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent commercial structure.

11-4.78(b)

Temporary Construction/Repair Residence.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary construction/repair residence shall be occupied by the persons intending to live in the on-site permanent residence once construction, repairs, or renovations are completed.

(C)

Time Limitation.

(1)

A temporary construction/repair residence shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent residence.

(2)

A special use permit issued for a temporary construction/repair residence shall expire 12 months after the date of issuance, except that the Board of Adjustment may renew such permit if it determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residence to complete the construction, repair, or renovation work necessary to make such building habitable.

(D)

Type. A temporary construction/repair residence may be a Class B manufactured home with functioning bathroom and kitchen facilities.

11-4.78(c)

Temporary Emergency Repair Residence.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary emergency repair residence shall be occupied by either the displaced residents of the damaged on-site home or by a contractor performing repairs on the damaged on-site home.

(C)

Time Limitation.

(1)

A temporary emergency repair residence shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent residence.

(2)

Temporary emergency repair residences are allowed for up to 18 months before a special use permit issued by the Board of Adjustment is required.

(D)

Type. A temporary emergency repair residence may be a Class B manufactured home, a travel trailer, or an RV. All temporary emergency repair residences must have functioning bathroom and kitchen facilities.

11-4.78(d).

Temporary Major Construction Campground/RV Park.

(A)

Where Required.

RC, GC and GI Districts.

(B)

General Requirements.

(1)

Application must include a detailed site plan and supporting documents sufficient to demonstrate that all physical requirements are met.

(2)

Application must include information describing the Major Construction Project ("Project"), including but not limited to a description of the scope of the project, contact information for project construction manager or representative and construction schedule. This information shall be used to determine whether the Project qualifies for consideration of the temporary housing measure.

(3)

No campsites may be sold. No campsites may be leased for a period beyond the expiration date of the zoning, water or wastewater permits.

(4)

No campsite shall be used as a permanent place of abode nor occupied temporarily beyond the expiration of the approved permit without written consent by Nash County. Any action toward removal of wheels of a trailer or RV except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes shall be prohibited.

(5)

No campsite shall be located in a regulated flood hazard area.

(6)

Campground/RV Park must be located on a lot with direct access to a collector or higher classified road. Access shall be designed to accommodate turning movements by large vehicles with trailers, without disrupting the flow of traffic on the public roadway.

(7)

Parking and internal drives must be passable for emergency vehicles, but paving is not required.

(8)

Roadside and parking area screening is not required due to the temporary nature of the facility.

(9)

Exposed ground surfaces shall be maintained in a way that prevents soil erosion and dust.

(10)

To the greatest extent possible, campsites shall be developed to preserve their natural character. Campsites shall be level and well drained.

(11)

Approved water and wastewater services are required and must be approved by Nash County Health Department or appropriate state agency, depending on design.

(12)

All campers/RVs must be self-contained with functioning bathroom and kitchen facilities.

(13)

No permanent structures, additions or accessory structures shall be allowed, such as porches, decks, gazebos, sheds, carports, and the like.

(C)

Dimensional Requirements.

(1)

Maximum number of campsites: 20 campsites, with one camper/RV per site

(2)

In no case shall any campsite be less than 1500 square feet. Campsites must provide parking for the camping vehicle plus one additional vehicle.

(3)

Campers and RVs shall be separated from each other and other structures within the park by at least 10 feet.

(4)

Campground operations shall be located at least 500 feet from any existing residence located on a separate parcel and more than 100 feet from any property line of a residentially-used or residentially-zoned property.

(D)

Extension and Closure.

(1)

Initial permit shall be valid for 12 months. Renewal may be approved by the Planning Department for up to one (1) 6 month extension, provided construction on the qualifying project is not complete. Extensions beyond 18 months must be approved by the Board of County Commissioners.

(2)

Campers and RVs must be removed from the property on or before the permit expiration date.

(3)

Other improvements must be removed within 30 days of the permit expiration.

11-4.79.

Temporary Shelter.

(A)

Where Required. R-6, OI and GC districts.

(B)

Time Limitation. The Board of Adjustment shall initially establish an automatic expiration date for the permit for such a facility with provisions for a maximum 6-month renewal, if necessary.

(C)

Location. The facility shall be contained within the building of and operated by a government agency or nonprofit organization.

(D)

Minimum Floor Area. A minimum floor space of 50 square feet shall be provided for each individual sheltered.

(E)

Operation. The facility shall provide continuous on-site supervision during the hours of operation.

11-4.80.

Tires and Inner Tubes Manufacture.

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.81.

Truck Stop.

(A)

Where Required. GC district.

(B)

Use Separation. All structures, buildings, and outdoor use areas shall be a minimum of 100 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Operation.

(1)

No outdoor disassembly or salvaging shall be permitted.

(2)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(F)

Access. Vehicle access to the use shall be provided only by way of a US or NC numbered highway or an industrial access road.

11-4.82.

Turkey Shoots.

(A)

Where Required. A-1, R-30, R-40, RC and GC districts.

(B)

Setbacks.

(1)

No turkey shoot shall be allowed within a required setback.

(2)

All turkey shoots shall be established with the line of fire perpendicular to and away from a road right-of-way. The line of fire is a line which passes through the firing point and bisects the target. The backstop or target area shall be located not less than 500 feet from the road right-of-way.

(3)

Sites adjacent to more than one road right-of-way must designate the higher classified road as the front, and set the line of fire perpendicular thereto. Any resultant line of fire parallel to a road must be a minimum distance of 200 feet from and parallel to the road right-of-way.

(4)

All backstops shall be constructed a minimum of 500 feet from a residence located to the rear and/or side of the backstop. The design of the backstop shall be as approved by the National Rifle Association.

(C)

Parking. An off-street parking area adequate in size to park 2 cars for every backstop shall be provided.

(D)

Operation.

(1)

Backstops shall be constructed of a material that will allow the shot to penetrate and not pass through. It shall be of a minimum thickness of 2 feet and maintained at a height of 4 feet above the target.

(2)

The firearms used in turkey shoots shall be limited to shotguns firing shot no larger than number eight. No firearms may be used which have been altered from manufacturer's specifications.

(3)

The operators of the turkey shoot shall be responsible for maintaining adequate fire protection by notifying the local fire department as to the dates and times of the turkey shoot.

(4)

Turkey shoots shall be limited to Thursdays, Friday, Saturdays, and be in operation no later than 10:00 p.m.

(5)

Provisions for sanitation and refuse disposal must be made in accordance with health standards.

(E)

Permit Review. The Zoning Administrator shall coordinate the review of a request for a turkey shoot with the Nash County Health Department, Sheriff's Department, and Emergency Management Service.

(F)

Permit Limitation. The Zoning Administrator shall issue a permit not to exceed 90 days in a given year for a qualifying turkey shoot.

11-4.82(a).

Utility Field Office (Government-Owned).

(A)

Where Required. A-1, R-40, R-30, OI, RC, GC, LI, PI.

(B)

Maximum Area. The maximum land area that may be used in conjunction with the Utility Field Office (Government-Owned) is 3 acres (130,680 square feet).

(C)

Outside Storage.

(1)

Security fencing, a minimum of 6 feet in height, shall be provided around designated outside storage areas.

(2)

Any outside storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).

(D)

Signs.

(1)

Signs related to a Utility Field Office (Government-Owned) located within agricultural or residential zoning districts shall conform to the following requirements:

(a)

Maximum sign area: 6 square feet.

(b)

Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure.

(c)

Minimum setback from all property lines: 2 feet.

(d)

Maximum number of signs per facility: 1 ground mounted sign and 1 wall mounted sign.

(2)

Signs related to a Utility Field Office (Government-Owned) located within commercial, industrial or office and institutional zoning districts shall conform to the sign requirements of Section 11-1.

11-4.83.

Utility Related Appurtenances, Substations.

(A)

Where Required. All zoning districts.

(B)

Dimensional Requirements. All buildings shall be considered accessory buildings or structures.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

(E)

Screening. Any outdoor storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).

(F)

Dust. All unpaved outdoor use areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

11-4.84.

Veterinary Service (Other).

(A)

Where Required. OI district.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.85.

Water Treatment Plant.

(A)

Where Required. A-1 district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

11-4.86.

Wood Products, Logging.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings or outdoor areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Access. A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses which would be negatively impacted by truck traffic.

(Ord. of 11-2-2009; Ord. of 7-12-2010, Amds. 4, 5; Ord. of 10-4-2010; Ord. of 2-7-2011; Ord. of 8-1-2011; Ord. of 10-3-2011, Amds. 1, 3; Ord. of 3-9-2013; Ord. of 2-3-2014; Ord. of 2-2-2015(1), § 2; Ord. of 7-5-2016, § (2); Ord. of 5-7-2018; Ord. of 12-3-2018; Ord. of 2-3-2020)