Regulations for the various classes of districts shall be as set forth in the tables and in the notes in this division.

(Code 2002, § 18-111; Ord. of 1-5-1993, art. V)

(a)

A-1 agricultural district. The A-1 district is defined as one to provide land for future development while permitting continued agricultural use until such time that development is appropriate. It is assumed that approved wells and septic tanks will be utilized until such time as municipal water and sewer is available. This district is situated primarily in the town's extraterritorial jurisdiction.

(b)

R-30 low-density residential district. The R-30 district is defined as low-density residential areas of single-family dwellings plus open areas where similar residential development will likely occur. The uses in this district are designated to stabilize and protect the essential characteristics of the area and to prohibit all activities of commercial nature except certain home occupations controlled by specific limitations.

(c)

R-15 medium-density residential district. The R-15 district is defined as open areas where only single-family development will likely occur. The uses in this district are designed to stabilize and protect all activities of a residential nature except certain home occupations.

(d)

R-10 medium-density residential district. The R-10 district is defined as medium-density residential areas of mostly single-family dwellings and certain open areas where similar residential development will likely occur. The uses permitted in this district are designed to stabilize and protect all activities of a residential nature except certain home occupations controlled by specific limitations.

(e)

R-6M high-density residential and manufactured home park district. The R-6M district is defined as high-density residential areas of mostly single-family dwellings, open areas where similar residential development will likely occur, and manufactured home parks. The uses permitted in this district are designed to stabilize and protect the essential characteristics of the area and to prohibit all activities of a commercial nature except certain home occupations controlled by specific limitations.

(f)

R-6 high-density residential district. The R-6 district is defined as medium- to high-density residential areas where single-family and multifamily dwellings are commingled and certain open areas where similar residential development will likely occur. The uses permitted in this district are designed to stabilize and protect the essential characteristics of the area and prohibit all activities of a commercial nature except certain home occupations controlled by specific limitations.

(g)

R-4 high-density residential district. The R-4 district is defined as high-density residential areas where single-family and two-family dwellings are commingled. The district is primarily established to accommodate existing residential neighborhoods where lot sizes are too small to be appropriate for any other zoning district. The uses permitted in this district are designed to stabilize and protect the essential characteristics of the area and prohibit all activities of a commercial nature except certain home occupations controlled by specific limitations.

(h)

MF multifamily residential district. The MF district is designed to provide high-density areas in which multifamily dwellings are distributed with particular regard to stabilizing and protecting the essential characteristics of the area.

(i)

O-I office and institutional district. The O-I district is defined as certain land areas with structures that provide office space for professional services and for certain institutional functions, and residential accommodations, usually medium- or high-density. The district is normally small and may include older homes undergoing conversion. The district is usually situated between business and residential districts, and the regulations are designed to permit development of the enumerated functions and still protect and be compatible with nearby residential districts.

(j)

B-1 general business district. The B-1 district is defined as certain commercial areas which provide a wide selection of convenience and comparison-shopping outlets, furniture showrooms, and for personal services, in an orderly arrangement of retail facilities, parking and other amenities. This district is customarily located at the intersection of one or more highways or along thoroughfares. This district may also provide retailing and personal services for the benefit of residents in nearby areas and nonresidents. Included also are certain functions such as warehousing that are compatible with the primary uses.

(k)

B-2 central business district.

(1)

The B-2 district is defined as certain land structures that provide personal services, retailing, some high-density dwellings, and business services of all kinds for local and regional commerce. The area is located in the central business district of the town where major streets and highways converge.

(2)

The regulations are designed to permit a concentrated development of permitted facilities and to protect the district from overintensive development and congestion.

(l)

I-1 industrial district. The I-1 district is defined as certain lands so situated as to be suitable for industrial development, usually along railroad sidings or major thoroughfares, but where certain operations could adversely affect nearby properties. The purpose of this district is to permit the normal operations of almost all industries excepting those that would be detrimental to adjoining properties. Excluded from this district are those industries which are noxious by their emission of smoke, dust, fumes, glare, noise and vibrations and those industries which deal primarily in hazardous products such as explosives. Selected business uses are also appropriate in this district.

(m)

WS watershed overlay district.

(1)

The watershed overlay district is established as an overlay district for all general zoning districts for the following purposes:

a.

Protecting portions of the designated Tar River and the Tar River Reservoir public water supply watershed from activities which could degrade water quality;

b.

Reducing the volume of nutrients and other chemicals which could enter the water supply by reducing the amount of runoff which any given development will generate;

c.

Minimizing land disturbances to reduce the amount of sediment entering the river; and

d.

Providing for natural and engineered methods of managing stormwater.

The watershed overlay district is intended to be superimposed over the underlying general zoning district, and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the overlay district.

(2)

The watershed overlay district consists of that part of the Tar River Reservoir public water supply watershed designated by the state environmental management commission and located within the town planning jurisdiction that is five miles upstream from and draining to the Tar River Reservoir water intake or to the ridgeline of the watershed, whichever comes first, and that part of the Tar River public water supply watershed designated by the state environmental management commission and located within the town planning jurisdiction that is ten miles upstream and draining to the Tar River water intake or to the ridgeline of the watershed, whichever comes first.

(3)

The boundaries of the area included in the watershed overlay district are delineated on the official zoning map as defined in section 18-87. Land use within the watershed overlay district must comply with all of the requirements of both the underlying general zoning district and the watershed overlay district. Supplementary watershed district standards are delineated in note 15 to the table of permitted uses, section 18-109. The supplementary standards and requirements of note 15 to the table, however, are applicable only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the state sedimentation control commission.

(Code 2002, § 18-112; Ord. of 1-5-1993, art. V, § 1; Ord. No. 2018-04, § A), 3-6-2018)

(a)

Generally. In the following table:

(1)

Districts in which particular uses are permitted as a use by right are indicated by "X." Districts in which particular uses are permitted as a use by right with certain conditions are indicated by "X" with a reference to a footnote to this table.

(2)

Districts in which particular uses are prohibited are indicated by a blank.

(3)

Districts in which particular uses are permitted as a special use upon approval of the planning board are indicated by "S." See regulations for special uses, section 18-111, for further information.

Permitted Uses

(b)

Notes to the table of permitted uses. The following notes provide regulations and conditions for certain uses which are unusual in their nature or complexity, or are potentially incompatible with their surroundings unless special protective restrictions are applied. Each use listed shall comply with the regulations of the district in which it is located, with the requirements specified in this section, and conditions for uses requiring special use permits.

(1)

Note 1; Accessory uses. An accessory use in A-1, R-30, R-15, R-10, R-6M, R-6, R-4, MF and O-I districts shall include residential occupancy by domestic employees employed on the premises and the immediate families of such employees only if a special use permit is obtained. (See dwelling for caretaker or domestic employees on permitted uses chart.) Swimming pools as an accessory use in A-1, R-30, R-15, R-10, R-6M, R-6, R-4, MF and O-I districts shall be enclosed by protective fencing. In O-I, B-1 and B-2 districts, there shall be no open storage as an accessory use. In the I-1 district, open storage shall be permitted as an accessory use provided it is enclosed by a fence not less than six feet in height. (For construction yard see note 5.) Swimming pools as an accessory use in all residential and O-I districts shall be enclosed by a protective barrier as defined by this article. Detached truck cargo bodies shall not be considered as a permitted accessory use.

(2)

Note 2; Home occupations.

a.

Home occupations are permitted only as an incidental use inside or outside of the home and are limited to the following:

1.

The office or studio of an artist (but not including a studio of a commercial photographer), musician, lawyer, teacher or other like professional person residing on the premises, provided no chattels or goods, wares or merchandise are commercially created, displayed, exchanged or sold;

2.

Workshops;

3.

Customary home occupations such as millinery, dressmaking, laundering or pressing and tailoring, conducted by a person residing on the premises;

4.

Rooming and/or board of not more than two persons; and

5.

Single-operator beauty shops and barbershops.

b.

Home occupations listed in subsection (b)(2)a of this section shall be permitted subject to the following limitations:

1.

No display of products shall be visible from the street.

2.

No mechanical equipment shall be installed or used except such that is normally used for domestic or professional purposes, and which does not cause noise or other interference in radio and television reception.

3.

No odors, noise, dust or other objectionable effects shall be emitted to the outside of the building.

(3)

Note 3; Dry cleaners and laundries. Dry cleaning and laundry establishments shall be permitted when only oil, gas or electricity is used for heat, and when screening and filtering devices are used to prevent the introduction of objectionable smoke, dust, fumes, odors or steam into the atmosphere.

(4)

Note 4; Industries. The following industrial uses shall not be allowed:

a.

The manufacturing, processing, fabrication and/or bulk storage of acetylene gas (except for use on the premises), ammunition, explosives, fireworks, gunpowder or matches.

b.

The manufacturing, processing and/or fabrication of acids (except noncorrosive acids), ammonia, ammonium nitrate, animal byproducts, bleaching powders, cellulose, cement, chlorine, creosote and creosote treatments, detergents, enamels, lacquers, lime, linoleum, oil cloth, paper pulp, pigments, plaster, rubbers (except tire recappers), soaps, tannery products, turpentine, varnishes, whiting and/or wood fillers, or any other use which is noxious or offensive by reason of vibration or the emission of dust, odor, smoke, gas or noise.

(5)

Note 5; Coal, coke, wood and construction storage yard. A storage yard for coal, coke, wood or construction materials in this district shall be permitted provided it is enclosed by a fence not less than six feet in height, and such fence shall screen completely from view the stored materials. Such materials shall be stored in an orderly manner.

(6)

Note 6; Hazardous chemicals. This note shall apply to materials which are highly flammable; or which may react to cause fires or explosions; or which by their presence create or augment a fire or explosion hazard; or which because of their toxicity, flammability or liability to explosion render firefighting abnormally dangerous or difficult; also to materials and formulations which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials, and unstable chemicals, as defined in section 20.2 of the American Insurance Association Fire Prevention Code. Where such materials are stored, their storage shall not be considered a use by right except when written authorization is given by the fire chief.

(7)

Note 7; Fairgrounds, carrousels, Ferris wheels, etc. These uses are permitted with a special use permit in the B-1, B-2 and I-1 districts. However, a permit to erect this equipment must be obtained from the zoning administrator and will be issued for a temporary period only.

(8)

Note 8; Kennels. No outside kennel is permitted in the O-I or commercial zones. In industrial zones, kennels must be 50 feet from the property line.

(9)

Note 9; Automobile service station. Automobile service stations shall be a permitted use in the B-1, B-2 and I-1 districts, provided that no gasoline or oil pump shall be located within 15 feet of any street right-of-way line.

(10)

Note 10; Junkyards or salvage operations. Salvage operations involving outside storage shall be enclosed by a solid fence or wall not less than six feet in height. No outside storage shall encroach upon the required setback. This requirement shall apply to any type of salvage operation.

(11)

Note 11; Manufactured home sales office. Manufactured home sales offices are permitted if located on the sales lot and provided the office is connected to an approved sewer system and complies with all building codes.

(12)

Note 12; Dish antennas (earth station). Dish antennas or earth stations are permitted as an accessory to a principal use, provided the following requirements are met:

a.

General requirements.

1.

A certificate of zoning compliance is required when installing, moving or substantially constructing or reconstructing a dish antenna over four feet in diameter.

2.

A dish antenna must be installed in compliance with the manufacturer's specifications at a minimum.

3.

In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed 12 feet in diameter.

4.

In B-1, B-2 and I-1 districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than 12 feet in diameter, shall not project higher than ten feet above the maximum building height of the zoning district or more than one third the actual building height above the roof, whichever is less, shall be set back from the front and sides of the building at least 18 feet, and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, only if such location is at the rear or side of the building and all other requirements are met.

5.

A dish antenna may be attached to an accessory building which is permanently secured to the ground but may not be attached to the principal building except as provided for in subsection (b)(12)a.4 of this section.

6.

If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer, off-white, pastel beige, grey, or pastel grey-green. The paint must have a dull (nonglossy) finish; and no patterns, lettering or numeral shall be permitted on either side of the dish surface.

7.

No dish antenna shall be installed in any public right-of-way or in any drainage or utility easement.

b.

Location in yards.

1.

A dish antenna shall be installed in the rear yard only, in all districts except as provided for in subsections (b)(12)a.4 and b.2 of this section.

2.

In B-1, B-2 and I-1 districts only, a dealer selling dish antennas may have a maximum of one such antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in the front or side yard, his permissible sign area shall be reduced by half.

c.

Setback requirements.

1.

The minimum requirement setback for dish antennas, from the side lot line, shall be the same as for the principal building; except on corner lots, on the side abutting the street, the minimum required setback shall be the same as the required front yard setback along that street.

2.

The minimum required setback for dish antennas from the rear lot line shall be six feet or the same as accessory buildings, whichever is greater; but in no case shall any part of the antenna come closer than one foot to the property line.

3.

In districts where there are no side or rear yard requirements, a minimum setback of six feet from the side and rear lot lines shall be required of dish antennas; but in no case shall any part of the antenna come closer than one foot to the property line.

4.

In all cases, no dish antenna shall be located within 15 feet of any street right-of-way.

d.

Maximum height requirements.

1.

In all residential districts, the maximum height of dish antennas shall be 15 feet or the height of the principal building, whichever is less.

2.

In B-1, B-2 and I-1 districts, the maximum height of dish antennas installed on the ground shall be 20 feet. Dish antennas mounted on the roof of a building shall not project higher than ten feet above the maximum building height of the district or more than one-third the actual building height above the roof, whichever is less.

e.

Buffering requirements.

1.

In the A-1, R-30, R-15, R-10, R-6M, R-6, R-4, MF and O-I districts, dish antennas shall be surrounded on all sides with any one or combination of evergreen vegetation, topography, landscaped earth berm, or architectural features such as fences or buildings so that view of the lower two-thirds of the dish area is restricted from all public streets and six feet aboveground level of abutting residential property. If evergreen vegetation is used, a species and size may be planted which can be expected to screen the requirement area within two years of normal growth. Any screening vegetation which dies must be replaced.

2.

In B-1, B-2 and I-1 districts, dish antennas must be screened from view from abutting residential property and residential streets. The screening requirements as to materials and height shall be the same as in subsection (b)(12)e.1 of this section.

(13)

Note 13; Manufactured unit used as a temporary office. A manufactured home may be used as a temporary field office for construction if the manufactured home:

a.

And the structure under construction are located on the same property;

b.

Is not moved to the site more than 30 days prior to construction and is moved no later than 30 days after construction has been completed;

c.

Is not used for any other purpose other than that connected with on-site construction;

d.

Is utilized only incidental to on-site construction during daylight hours and not for residential living quarters;

e.

Is for a period not to exceed 18 months;

f.

Is parked in a location approved in advance by the zoning administrator; and

g.

Is connected to sanitary facilities.

(14)

Note 14; Family care home. The zoning lot on which a one-family care home is proposed shall not be located within one-half mile of a zoning lot containing another such facility.

(15)

Note 15; Watershed overlay district (WS). Watershed overlay district (WS) requirements are as follows:

a.

General requirements.

1.

The provisions of this section shall apply only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the state sedimentation control commission.

2.

No structure or land use shall be allowed within the watershed overlay district which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from the following:

(i)

Inadequate on-site sewer systems which utilize ground absorption;

(ii)

Inadequate sedimentation and erosion control measures;

(iii)

The improper storage or disposal of junk, trash or other refuse within a buffer area;

(iv)

The absence or improper implementation of a spill containment plan for toxic and hazardous materials;

(v)

The improper management of stormwater runoff; or

(vi)

Any other situation found to pose a threat to water quality.

b.

Supplemental standards. Within a WS district, the following specific requirements shall apply:

1.

Density. Single-family residential uses shall not exceed a maximum density of two dwelling units per acre or three dwelling units per acre for projects without a curb and gutter system, as defined on a project-by-project basis. No single-family residential lot area shall be less than that prescribed by that zoning district unless located within an approved cluster development in accordance with subsection (b)(15)c of this section. All other types of development shall comply with the built-upon area requirements of subsection (b)(15)b.2 of this note.

2.

Built-upon area.

(i)

All residential and nonresidential development shall be allowed a 24 percent built-upon area or 36 percent built-upon area for projects without a curb and gutter street drainage system.

(ii)

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

3.

Permitted uses. Uses allowed in the underlying general zoning district or another applicable overlay district are permitted within the WS district except for the storage and treatment of hazardous material unless a spill containment plan is implemented.

4.

Best management practices.

(i)

Forestry operations, if allowed in the underlying general zoning district, are subject to the provisions of the Forest Practice Guidelines Related to Water Quality (15A NCAC 11.0101—11.0209).

(ii)

The construction of new roads and bridges and nonresidential development shall minimize built-upon area, divert stormwater away from surface waters as much as possible, and employ best management practices to minimize water quality impacts. The state department of transportation shall use best management practices as outlined in their document entitled "Best Management Practices for the Protection of Surface Waters."

c.

Cluster development. Cluster development is allowed in the WS overlay district, provided the following conditions are met:

1.

Minimum lot sizes, lot widths, and building setbacks may be reduced for cluster development projects. However, where the proposed cluster development is adjacent to an existing recorded single-family noncluster subdivision, the setbacks along the common property line with the existing subdivision may not be reduced, and planning board/town council may require one tier of lots not employing clustering to be developed adjacent to the existing subdivision, in order to minimize the potential negative impacts of smaller lots on the existing subdivision. In all cluster projects, the reduction in lot sizes shall require that an equivalent area be provided as open space within the development. (For example, a proposed 9,000-square-foot cluster lot in an R-10 zone would require that 1,000 square feet of open space be provided.)

(i)

For single-family residential development the total number of buildable lots shall not exceed the number of lots allowed for single-family detached developments in subsection (b)(15)b of this section, WS district supplemental standards.

(ii)

For other residential and nonresidential development, the built-upon area requirements of the project shall not exceed that allowed in subsection (b)(15)b of this section, WS district supplemental standards.

2.

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

3.

Areas of concentrated density development (cluster lots) shall be located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways.

4.

The remainder of the tract not built upon (the open space) shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to a homeowners or property owners' association for management, to a local government for preservation as a park or open space, to a conservation organization, or placed in a permanent conservation or farmland preservation easement. A maintenance agreement shall be filed with the property deeds.

5.

The proposed cluster development will be served by public water and sewer facilities.

6.

Any cluster development that meets the applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.

d.

Buffer areas.

1.

A minimum 30-foot vegetative buffer for all new development activities is required along all perennial waters indicated on the most recent versions of United States Geological Survey (U.S.G.S.) 1:24,000 (7.5-minute) scale topographic maps or as determined by local government studies. Desirable artificial streambank or shoreline stabilization is permitted.

2.

Agricultural activities in a WS overlay district shall maintain a minimum ten-foot vegetative buffer, or equivalent control as determined by the soil and water conservation commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5-minute) scale topographic maps.

3.

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

e.

Existing development. Existing development is not subject to the provisions of the watershed overlay district requirements. Redevelopment of and expansion to existing development is allowed as provided for in this subsection.

1.

Redevelopment of existing development is allowed if the rebuilding activity does not result in a net increase in built-upon area or if the redevelopment activity includes equal or greater stormwater control than the previous development. However, existing single-family residential development may be redeveloped without any restrictions.

2.

Expansions to uses and structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculation. However, existing single-family residential development may be expanded without any restrictions.

f.

Exceptions. A preexisting deeded lot owned by an individual prior to the effective date of the provisions of this note, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions of this note. However, this exemption is not applicable to multiple contiguous lots under single ownership. The recombination of existing nonconforming lots in single ownership shall be required pursuant to section 18-187.

g.

Variances.

1.

Minor variances to the provisions of this note may be approved by the board of adjustment pursuant to the procedures outlined in division 10 of this article. The zoning administrator shall keep a record of all such minor variances and shall submit, on an annual basis, the record to the division of water quality. The record shall include a description of each project receiving a variance and the reasons for granting the variance.

2.

Major variances shall be reviewed by the board of adjustment pursuant to the procedures outlined in division 10 of this article and a recommendation prepared for submission to the state environmental management commission (EMC). The record of a major variance review shall include the following items:

(i)

The variance application;

(ii)

The hearing notices;

(iii)

The evidence presented;

(iv)

Motions, offers of proof, objections to evidence, and rulings on them;

(v)

Proposed findings and exceptions; and

(vi)

The board of adjustment's recommendation, including all conditions proposed to be added to the permit.

3.

Upon receiving the record of a major variance review from the board of adjustment, the EMC shall review the variance request, prepare a final decision on the request, and forward its decision to the board of adjustment. If the EMC approves the variance as proposed, the board of adjustment shall prepare a final decision granting the proposed variance. If the EMC approves the variance with conditions and stipulations, the board of adjustment shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. If the EMC denies the variance request, the board of adjustment shall prepare a final decision denying the variance.

4.

Where a variance is being considered in a state-designated water supply watershed, the town shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the zoning administrator prior to a decision by the board of adjustment.

(16)

Note 16; Manufactured unit used as a classroom. A manufactured unit may be used as a classroom subject to the following conditions:

a.

The unit is associated with an academic school (kindergarten, elementary, secondary, public or private).

b.

The unit must be constructed to the state building code for commercial use including steps and handrails.

c.

The unit shall not be over five years old at the date it is installed.

d.

The unit shall be underpinned with vinyl siding.

e.

The applicant shall be responsible for locating all utilities on site.

f.

The location of the unit shall be subject to approval of the zoning administrator.

(17)

Note 17; Mobile food vending. Mobile food vending requirements are as follows:

a.

On private and public property, with written dated permission of the owner or designee provided to the town.

b.

No mobile vending may take place in the town without:

1.

Prior written approval of the zoning administrator; or

2.

By a special event permit approved by town council.

c.

Name, address, and phone number of the vendor must be included in request.

d.

A drawing or site plan must be submitted showing location of vendor, buildings, parking, and pedestrian facilities within a 50-foot radius.

e.

Shall not operate between the hours 10:00 p.m. and 6:00 a.m. and shall be removed from the premises of which they operate during these hours.

f.

A drawing or picture of the vending apparatus so that it can be reasonable identified be submitted to the town.

g.

Current department of health permit be on file with the town.

h.

Only allowed in a I-1 (industrial district), B-1 (highway business district), and B-2 (central business district).

i.

Reserved.

j.

Shall be located at least 100 from the front entrance of an existing restaurant and outdoor dining area and at least 50 feet from any permitted mobile food vending cart location.

k.

Must be parked at least 15 feet away from any fire hydrant, any fire department connection and five feet away from any driveway, sidewalk, utility box or vault, handicapped ramp, building entrance or exist, or emergency call box.

l.

Temporary connections to water are allowed for cleaning and hand washing only, not drinking water, and shall be equipped with backflow check valve. All plumbing and electrical connections shall be in accordance with the state building code.

m.

Grease and wastewater must be contained and disposed of in an approved grease receptable.

n.

The planning director may engage in zoning enforcement or prohibit/suspend a food truck vendor's operation if they are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or such use is otherwise creating nuisance or danger to the public health or safety.

o.

If mobile food vendor is found to be in violation of these requirements, a fine will be issued in accordance with section 1-12, and subsequent violations may result in revocation of the permit.

p.

No signage shall be allowed, other than signs permanently attached to the motor vehicle, and a freestanding easel sign limited to 12 square feet per sign face, may be displayed within the waiting area.

(Code 2002, § 18-113; Ord. of 1-5-1993, art. V, § 2; Ord. of 11-10-1994; Ord. of 3-10-1995; Ord. of 8-16-1996; Ord. of 10-1-1996; Ord. of 7-7-1998; Ord. No. 2003-03, 7-1-2003; Ord. of 10-29-2003, §§ A), B); Ord. No. 2006-01, § E), 8-8-2006; Ord. of 4-6-2010, § B; Ord. of 2-3-2015(2), § B; Ord. No. 2018-04, § B), 3-6-2018; Ord. No. OA-2022-04, § 1, 7-12-2022; Ord. No. OA-2023-04, § 1, 4-4-2023; Ord. No. OA-2023-12, § 1, 5-2-2023)

(a)

Objectives and purposes.

(1)

Permitting special uses adds flexibility to this article. Subject to high standards of planning and design, certain property uses are allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any negative effects they might have on surrounding properties.

(2)

The uses for which special use permits are required are listed in the chart accompanying this section, along with a detailed description of the procedures which must be followed in the issuance of each such permit. Uses specified in this section shall be permitted only upon the issuance of a special use permit.

(b)

Special use permits granted by the town council.

(1)

Special use permits may be granted by the town council upon recommendation of the planning board for the uses enumerated in the regulations for special uses.

(2)

Application.

a.

The owner of all the property included in the petition for a special use permit shall submit an application to the zoning administrator at least three weeks prior to the regular monthly planning board meeting at which it is to be heard. Such application shall include all the requirements pertaining to it in this section. Where plans are required to be submitted and approved as part of the application for a special use permit involving property located within the watershed overlay district, the site plan shall show the boundary of the public water supply watershed (if applicable), the location and width of buffer areas, the total amount of existing and proposed built-upon area (in square feet), the percentage of the site that is covered with an impervious surface, and proposed stormwater or drainage facilities.

b.

On receiving the application, the town clerk shall give notice of a public hearing in the manner as is required for the hearing on an amendment to this article. At the public hearing, all interested persons shall be permitted to testify.

(3)

The special use permit, if granted, shall include approval of plans as may be required. In granting the permit, the planning board and the town council shall find that the:

a.

Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;

b.

Use meets all required conditions and specifications;

c.

Use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

d.

Location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town.

(4)

In granting the special use permit, the planning board may recommend, and the town council may designate, additional conditions to ensure that the use in its proposed location will be harmonious with the area in which it is proposed to be located, with the spirit of this article and clearly in keeping with the public welfare. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit certificate itself, and on the approved plans submitted with the permit. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors and permit assigns.

(5)

Disapproval.

a.

If the town council disapproves of the special use permit, the council shall enter the reason for its action in the minutes of the meeting at which the action is taken.

b.

No appeal may be taken to the board of adjustment in granting or denying a special use permit. Any such action by the town council shall be considered as the equivalent of action on a proposed zoning amendment and shall be reviewed only in the same manner as action on a proposed amendment.

(6)

In addition to the conditions specifically imposed in this subsection (b) of this section and such further conditions as the town council may deem reasonable and appropriate, special uses shall comply with the height, area and parking regulations for the zone district in which they are located. All special uses other than manufactured home parks, condominiums, townhouses, planned unit developments, and commercial planned unit developments shall comply with yard regulations for the zone district where they are located. No structure in any manufactured home park or planned unit development, either commercial or residential, shall be located closer to any external property line of the tract on which it is situated than 25 feet, nor closer to any street right-of-way line than the distance specified as a front yard requirement for the zone district in which it is located.

(7)

In the event of failure to comply with the plans approved by the town council, or with any other conditions imposed upon the special use permit, or failure to obtain a building permit within two years, the permit shall immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of this article; however, the town council shall not be prevented from thereafter rezoning such property for its most appropriate use.

(8)

Where plans are required to be submitted and approved as part of the application for a special use permit, modifications of the original plans may be authorized by the town council.

(9)

Only a simple majority vote by the planning board is required for an affirmative recommendation of a special use permit. Vacant seats and disqualified members are not counted in computing majority.

(10)

Only a simple majority vote by the town council is required for approval of special use permits. Vacant seats and disqualified members are not counted in computing majority.

(c)

Regulations for special use permits. Detailed regulations for the special uses subject to this section are set forth in section 18-111, regulations for special uses, and the notes related to those provisions.

(Code 2002, § 18-114; Ord. of 1-5-1993, art. V, § 3; Ord. No. 2006-01, § C), 8-8-2006)

Regulations for special uses shall be set forth as follows:

(1)

Apartment, accessory to a residential use.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are R-10 and R-30.

c.

Minimum lot area. There shall be 1½ the square footage of the district in which it is located.

d.

Parking. There shall be a minimum of two off-street parking spaces shall be provided for each unit.

e.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(2)

Athletic fields, recreational buildings, playgrounds (no commercial gain, no automobile or motorcycle racing).

a.

Special use districts. The special use districts are the R districts and I-1.

b.

Parking. There shall be 30 off-street spaces per athletic field (excluding courts), plus any additional off-street parking needed to adequately accommodate other facilities on the site. A reduction in the required number of parking spaces may be approved where the location of a proposed athletic field is adjacent to an existing residential neighborhood where pedestrian access is likely. Any reduction shall be based on the estimated percentage of pedestrian traffic coming to the athletic field. A stabilized surface (paved or graveled) shall be provided for all parking areas and drives. All required spaces shall be clearly delineated by pavement striping, wheel stops, or other approved means.

c.

Screening. There shall be proposed outdoor facilities (including parking lots) adjacent to single-family dwellings. Screening is not required for dwellings that are located in a zoning district (B-1, B-2, and I-1) that does not permit it. There shall be screened by evergreen plants according to the following specifications, unless the adjacent property owner submits a notarized statement that they do not want the screening.

1.

At a minimum, the plants shall include shrubs that are three feet in height when planted and shall reach a height of six feet within three years of planting. The shrubs shall also be within a minimum five-foot-wide planter and spaced at no more than one-half of their natural spread at maturity or seven feet, whichever is less.

2.

If outdoor lights are to be provided, evergreen trees may be required that are a minimum height of six feet when planted, are spaced at no more than one-half of their natural spread at maturity and shall obtain a mature height equal to or greater than the height of the lights. If trees are required, the width of the planter shall be increased to ten feet. Such trees may be omitted where proposed lights are designed so that no light will shine directly on an adjacent residential property.

d.

Plans required. Plans required; must show:

1.

Surrounding land uses within 200 feet of the site.

2.

Location of proposed buildings, athletic fields and courts, playgrounds and other facilities on the site.

3.

Detailed design of the exterior of proposed buildings to indicate that they will be compatible with existing buildings in the area.

4.

Detailed design of proposed parking and loading areas (including, but not limited to, points of access and the number of spaces provided for each facility on the site).

5.

Detailed design of required screening (including plant species and any other details needed to evaluate the proposed screening).

6.

Detailed design of all proposed outdoor lighting adjacent to single-family residential dwellings (including lighting fixture details, locations, height of lights, the extent of direct lighting, and any other details needed to evaluate the proposed site lighting).

(3)

Automobile, motorcycle racetracks, tracks, demolition derbies; fairgrounds, carrousels, roller coasters, Ferris wheels, super slides and the like; garbage landfills, incinerators; junkyards; outdoor storage yards.

a.

Approved by. This use is approved by the town council.

b.

Special use district. The special use districts are as follows:

1.

Automobile racetrack, etc.: A-1 and I-1.

2.

Fairgrounds, etc.: B-1, I-1.

3.

Garbage landfills and incinerators: I-1.

4.

Junkyards: I-1.

5.

Outdoor storage yards: B-1 and I-1.

c.

Minimum lot area. None.

d.

Screening and fencing. There shall be a screen of not less than six feet high of dense plant material where lot abuts a residential lot. The screen must be opaque from the ground to a height of six feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation.

e.

Plans required. Plans required must show:

1.

Internal circulation pattern and pattern and provisions for parking.

2.

Control of noise, dust, traffic and visual impact.

3.

Signing (size and locations).

4.

Surrounding land uses within 500 feet of the property.

(4)

Automobile parking lots in residential districts.

a.

Approved by. This use is approved by the town council.

b.

Special use district. The special use districts are R-10, R-6, MF and O-I.

c.

Minimum lot area. None.

d.

Screening and fencing. There shall be a screen of not less than six feet high of dense plant material where lot abuts a residential lot.

e.

Plans required. Plans required must show:

1.

Structures. Location and size of proposed sign.

2.

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

3.

Parking and loading. Layout of parking spaces.

4.

Other details. Proposed illumination if designed for nighttime operation.

f.

Other requirements.

1.

One sign no larger than 15 square feet may be constructed at a location behind the normal front setback line, such sign to be ground-mounted and not higher than seven feet above the ground.

2.

Parking may not encroach on any yard setback from a street line.

(5)

Boardinghouses, rooming houses, and bed and breakfast establishments.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-10, R-6, R-4, and MF.

c.

Parking and loading. There shall be a minimum of one additional space for each room available for boarding.

d.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(6)

Cemetery or mausoleum.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10, R-6M, R-6, MF, O-I, B-1, and B-2.

c.

Minimum lot area. None.

d.

Parking and loading. There shall be adequate off-street facilities for funeral procession.

e.

Screening and fencing. There shall be a screen of dense plant material not less than six feet high where cemetery abuts a residential lot.

f.

Plans required. Plans required must show:

1.

Topography. Well-drained site with adequate storm drainage facilities.

2.

Structures. Location of sign, entrance, and buildings must be shown on the plan.

3.

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

4.

Parking and loading. Layout of parking spaces.

5.

Other details. Proposed restrictions, if any.

g.

Other requirements. Cemetery may not encroach on any yard setbacks.

(7)

Clubs and lodges, private, nonprofit.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10, R-6M, R-6, MF and O-I.

c.

Minimum lot area; swimming club. There shall be one acre for each 40 club members, or families. (See also note 1 to permitted uses chart in section 18-109.)

d.

Parking and loading. There shall be one space for each five members, or families.

e.

Screening and fencing. The swimming pool area shall be enclosed by fencing not less than five feet in height.

f.

Plans required. Plans required must show:

1.

Structure. Location and approximate size of all existing and proposed structures and play-fields.

2.

Parking and loading. Proposed off-street parking. (See subsection (7)g.2 of this section.)

g.

Other requirements.

1.

Private nonprofit clubs having only one operating swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirements if all activities and facilities, other than parking, are located no closer than 50 feet to any property line. There shall be provided in any swimming pool, water area at a depth of five feet or less in the ratio of 7.2 square feet per member, or family. Water areas not deeper than five feet shall not be included as a part of the minimum pool area to satisfy this requirement.

2.

No improvements, structures, sidewalks, or play areas or equipment shall be closer than 50 feet to any adjoining property lines. Parking areas may be permitted within 20 feet of an adjoining property line if the 20-foot strip mentioned in this subsection (7)g.2 of this section is used for planting designed to grow at least six feet high.

3.

Adjacent to swimming pools, there shall be provided paved patio areas in the ratio of two square feet of paving for each square foot of water area that is five feet or less in depth.

4.

Lights shall be located and shielded so as not to adversely affect adjacent property.

(8)

Colleges, universities, including fraternity houses, sorority houses, dormitories, and incidental uses when on the same property.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10, R-6M, R-6, MF and O-I.

c.

Parking and loading. There shall be one space for 150 square feet of gross floor area for regular employees.

d.

Plans required. Plans required must show:

1.

Structures. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

2.

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

e.

Parking spaces. There shall be layouts of parking spaces.

f.

Other details. There shall be locations and extent of open recreation areas.

(9)

Community buildings, not for commercial gain.

a.

Special use districts. The special use districts are the R districts, A-1 and I-1.

b.

Parking. A stabilized surface (paved or graveled) shall be provided for all parking areas and drives. All required spaces shall be clearly delineated by pavement striping, wheel stops, or other approved means. A reduction in the required number of parking spaces may be approved where the location of a proposed community building is adjacent to an existing residential neighborhood where pedestrian access is likely. Any reduction shall be based on the estimated percentage of pedestrian traffic coming to the building.

c.

Screening. Proposed outdoor facilities (including parking lots) adjacent to single-family dwellings shall be screened by evergreen plants according to the following specifications, unless the adjacent property owner submits a notarized statement that they do not want the screening.

1.

At a minimum, the plants shall include shrubs that are three feet in height when planted and shall reach a height of six feet within three years of planting. The shrubs shall also be within a minimum five-foot-wide planter and spaced at no more than one-half of their natural spread at maturity or seven feet, whichever is less.

2.

If outdoor lights are to be provided, evergreen trees may be required that are a minimum height of six feet when planted, are spaced at no more than one-half of their natural spread at maturity and shall obtain a mature height equal or greater than the height of the lights. If trees are required, the width of the planter shall be increased to ten feet. Such trees may be omitted where proposed lights are designed so that no light will shine directly on an adjacent residential property.

d.

Plans required. Plans required must show:

1.

Surrounding land uses within 200 feet of the site.

2.

Location of proposed buildings and other facilities on the site.

3.

Detailed design of the exterior of proposed buildings to indicate that they will be compatible with existing buildings in the area.

4.

Detailed design of proposed parking and loading areas (including, but not limited to, points of access and the number of spaces provided).

5.

Detailed design of required screening (including plant species and any other details needed to evaluate the proposed screening).

6.

Detailed design of all proposed outdoor lighting adjacent to single-family residential dwellings (including lighting fixture details, locations, height of lights, the extent of direct lighting, and any other details needed to evaluate the proposed site lighting).

(10)

Condominiums, residential and commercial (unit ownership development).

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are as follows:

1.

Residential condominiums: R-10, R-6M, R-6, MF, O-I and B-2.

2.

Commercial condominiums: O-I, B-1, B-2 and I-1.

c.

Plans and declaration. Before a declaration establishing a unit, ownership development may be recorded in the office of the county register of deeds as prescribed in the state unit ownership act (G.S. 47A-1 et seq.), the declaration and plan shall be approved by the planning board. No unit shall be conveyed until the declaration and plan have been approved by the town council and recorded in the office of the county register of deeds. In addition, the following requirements shall be complied with:

1.

The declaration shall be a complete legal document prepared strictly in accordance with the state unit ownership act and shall be submitted in five copies to the planning department at least three weeks prior to a regular scheduled planning board meeting along with a plan drawing described in subsection (10)c.2 of this section.

2.

The plan of the proposed development shall be prepared and shall contain the following particulars:

(i)

The unit designation of each unit and a statement of its location, approximate area, number of rooms and immediate common areas and any other data necessary for its proper identification.

(ii)

Description of the general common areas and facilities as defined in the state unit ownership act and the proportionate interest of each unit owner therein.

(iii)

Description of all boundary lines between portions of the structures designed for different ownership.

(iv)

Description of all garages, balconies, patios, etc., which form a part of each unit.

(v)

Description of any special common areas and facilities, stating what units shall share such common areas and facilities and in what proportion.

(vi)

Statement of the purpose for which the building and each of the units are intended and restricted as to use.

(vii)

Description of signing and parking areas.

(viii)

Description and heights of all fences, walls and hedges.

(ix)

Description and location of solid waste storage facilities.

(x)

Description of all structures and zoning within 300 feet of the property.

Because a final plan may not be possible until an engineering survey has been made of the constructed condominium, the town council may permit the applicant to build under the special use permit, providing items other than final engineering survey data of boundary line have been provided by the applicant and approved by the council. No declaration and plan shall be recorded until all final boundary descriptions have been added to the plan and approved by the zoning administrator.

(11)

Correctional and penal institutions, and jails.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are O-I, B-2, I-1 and A-1.

c.

Minimum lot area. None.

d.

Screening and fencing. There shall be a screen not less than six feet high of dense plant material where lot abuts a residential lot.

e.

State approved. There shall be plans for the facility must be approved by appropriate state departments prior to receiving approval from the town council. Plans used for securing state agency approval plus any additional information deemed necessary by the town council shall be submitted by the applicant.

(12)

Day care facility.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10, R-6M, R-6, MF, O-I and B-2.

c.

Minimum lot area. As prescribed by state regulations.

d.

Parking and loading. There shall be one space for each regular employee and one additional space for every six children or adult clients or fraction thereof.

e.

Screening and fencing. Play space shall be enclosed by a fence at least three feet high.

f.

Plans required. Plans required must show:

1.

Structure. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

2.

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

3.

Parking and loading. Layout of parking spaces.

4.

Other details. Location and extent of open play area.

5.

Other requirements. In residential districts, the preschool shall not be operated between the hours of 7:00 p.m. and 6:00 a.m. In residential districts, the day care center shall be limited to a maximum of 25 children.

Where the outdoor play area is directly adjacent to a residentially used or zoned lot, a solid fence or wall at least four feet high and a green planting designed to grow at least three feet thick and six feet high shall be erected.

(13)

Drive-in theaters.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is B-1.

c.

Minimum lot area. There shall be at least five acres in area.

d.

Plans required. Plans required must show:

1.

Topography. Topography of the site at contour intervals not greater than five feet.

2.

Structures. Location and approximate size of all existing and proposed structures within the site, including children's recreation areas and other accessory features, and the location and approximate size of all buildings within 1,000 feet adjacent thereto.

3.

Circulation. Proposed points of access and egress together with the proposed pattern of internal circulation.

4.

Other details. An area capable of storing at least one-third as many cars as can be accommodated within the viewing area shall be provided, away from the flow of incoming or outgoing traffic, for waiting vehicles.

e.

Other requirements.

1.

Projection screens, if located less than 1,000 feet from a major thoroughfare, shall face away from the major thoroughfare.

2.

Drive-in theaters shall be located within 500 feet of a major thoroughfare and shall have a direct access thereto.

3.

The area shall be enclosed by a solid fence not less than six feet high.

(14)

Dwellings for caretaker or domestic employee and immediate family on premises where employed.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10, R-6M, R-6, MF and O-I.

c.

Minimum lot area. Same as district where located.

d.

Parking and loading. There shall be one space, in addition to the two spaces required for the main single-family dwelling unit.

e.

Other requirements:

1.

Sketch, plans, or layout showing location and size of structure.

2.

Number of persons to be residing in structure.

(15)

Dwellings, multifamily, with more than one structure per lot.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is MF.

c.

Parking and loading. Off-street parking shall be provided in the ratio of 1.5 spaces for each dwelling unit.

d.

Plans required. Plans required must show:

1.

Topography. Topography of the site at contour intervals no greater than five feet.

2.

Structure. Location and approximate size of all existing and proposed structures within the site and all buildings and structures within 500 feet. All easements or rights-of-way, public or private, adjoining or intersecting such property.

3.

Circulation. Proposed points of access and egress and proposed patterns of internal automobile and pedestrian circulation.

4.

Parking and loading. Location and extent of parking areas; proposed lighting facilities.

5.

Timing. Proposed schedule of development including stages likely to be followed.

6.

Other details. Same as planned unit developments, commercial.

e.

Other requirements. Play areas shall be provided for all residential building groups with over five units and shall contain a minimum of 56 square feet per unit with each play area not to exceed 4,000 square feet. These areas must be clearly delineated on the plan and shall not be used for paths or any other purposes other than recreation. The reasonableness that such sites could be used by young children, free from apparent danger, must be clearly evident before approval.

(16)

Dwellings, planned unit development (PUD).

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-15, R-10, MF and O-I.

c.

Purpose. The purpose of a PUD shall be to provide desirable open space, tree cover, recreation areas, scenic vistas, and variety in residential properties by allowing certain lot variations, so long as the overall density of dwelling units is no greater than that permitted by any applicable zoning requirements.

d.

Applicability. A minimum of five acres of property is required to develop a residential planned unit development. The five acres must be located in one tract or in one location (two or more abutting tracts in single ownership).

e.

Minimum lot requirements. Minimum lot sizes, lot widths, and yard setbacks may be reduced, except as specified in this subsection. But in no case shall these minimum lot requirements be less than 50 percent of the minimum lot requirements for the district. In addition, whenever the size of any lot is reduced, an equivalent area shall be provided as open space within the development. (For example, a proposed 9,000-square-foot lot in an R-10 zone would require that 1,000 square feet of open space be provided.) All other lot requirements of this chapter shall apply.

f.

Open space. Open space is defined as a common area that shall be preserved, maintained and improved by the development owner for recreational use by residents of the development. The open space must be included as part of the original property being subdivided. Details of such improvements shall be accurately shown on all site plans and construction plats. Other open space requirements shall include the following:

1.

Open space characteristics. The required open space shall not consist of only narrow strips or fragmented pieces of land that serve no useful purpose. The required open space must be one continuous area unless each open space area is equal to or greater than one acre. It may include both active (parks, ball fields, walking paths) and passive (wooded areas, streams, wetlands) open spaces. Convenient pedestrian access to the open space shall be provided to all lots within the PUD either directly, or through a right-of-way or access easement. Retention/detention ponds, wetlands, drainage/utility easements greater than five feet in width, and areas of limited accessibility to be counted as open space, shall not exceed 50 percent of the total required open space. Areas of limited accessibility are those areas that are not easily accessible to the residents of the PUD due to a creek, ditch, pond, steep slope, or other impassable natural feature. Street rights of way, areas separated from the residential lots by a thoroughfare or other major highway, and lots held in individual ownership shall not count as open space.

2.

Open space ownership. The title to the open space area shall be conveyed to a homeowners or property owners association for management, to a local government for preservation as a park or open space, to a conservation organization, or placed in a permanent conservation or farmland preservation easement. At the time when the open space is conveyed, a maintenance agreement shall be filed with the county register of deeds, unless a local government is to be the owner of the open space. The terms of such conveyance shall include provisions suitable to the town council guaranteeing the following:

(i)

The continued use of such land for the intended purposes; and

(ii)

Continuity of maintenance for those portions of the open space requiring such.

g.

Periphery lots. Where the proposed PUD is adjacent to an existing recorded non-PUD/noncluster detached single-family subdivision, one row of standard lots will be required along the perimeter of the PUD, unless an open space landscape buffer is provided between the PUD lots and the adjacent subdivision. Such open space landscape buffer will be required to be equal to or greater in width than the yard setback that would be required for a standard lot in that zoning district. The open space landscape buffer will contain a minimum of two large trees, three small trees, and 16 evergreen shrubs (or a solid fence instead of shrubs) per 100 feet of buffer length. A minimum of 50 percent of trees shall be evergreen. An alternate landscape design may be approved, if it is basically equivalent in effectiveness and performance to the standards above. (If an alternate design is submitted, the applicant is encouraged to obtain a notarized statement, from each adjacent property owner, that indicates the specifics of the proposed landscaping, how it varies from the minimum standards, and that the owner agrees with the alternate design.)

h.

Parking and loading. Off-street parking and loading shall be provided as required by the zoning ordinance.

i.

Plans required. Plans are required to be labeled as a planned unit development and must show:

1.

Topography. Topography of the site with contour intervals no greater than two feet.

2.

Structures. Approximate location and size of all existing and proposed structures within the site. Buildings and structures within 500 feet of the site may be required to be shown as needed.

3.

Zoning and land use. Zoning and proposed land use of the site, and zoning and existing land use of the adjacent properties.

4.

Easements and rights-of-way. Existing and proposed facilities, whether public or private, on the site and adjoining or intersecting such property.

5.

Circulation. Proposed points of access and egress and proposed patterns of internal automobile and pedestrian circulation.

6.

Parking and loading. Location and extent of parking and loading areas.

7.

Timing. Proposed schedule of development, including stages likely to be followed.

8.

Open space/buffer areas. Open space/buffer areas must be delineated on the plan and detailed plans for any required landscaping must be submitted. The proposed ownership of the open space shall be indicated.

9.

Other details. Same as planned unit developments, commercial.

j.

Other requirements.

1.

A sidewalk must be provided on a minimum of one side of every proposed street.

2.

Proposed solid waste or trash storage facilities (dumpsters, compactors, etc.; but not roll-out containers that serve a single dwelling unit) shall be screened from the view of public rights-of-way and adjacent properties by the use of a solid fence, wall, and/or dense vegetation.

(17)

Dwellings, three-family.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is R-10.

c.

Minimum lot area. The minimum lot area shall be 14,000 square feet.

d.

Parking. There shall be a minimum of two off-street parking spaces shall be provided for each unit.

(18)

Dwellings, two-family.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are R-10, R-6M and R-6.

c.

Minimum lot area.

1.

R-10: 12,000 square feet.

2.

R-6M: 12,000 square feet.

3.

R-6: 8,000 square feet.

d.

Parking. There shall be a minimum of two off-street parking spaces shall be provided for each unit.

e.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(19)

Family care home.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is O-I.

c.

Parking and loading. There shall be one space for every five temporary residents or fraction thereof, plus one parking space for each employee on the premises.

d.

Other requirements. There shall be one sign permitted, not to exceed one square foot in area, which shall be flat mounted against the building or fence. All rehabilitation residences shall be licensed and/or sponsored by the appropriate state or local agency. The zoning lot on which one rehabilitation residence is proposed shall not be located within 500 feet of a zoning lot containing another such facility.

(20)

Freestanding extended height sign.

a.

Approved by. This use is approved Town council.

b.

Special use districts. The special use district is B-1.

c.

Requirements.

1.

Maximum sign height shall be no higher than 100 feet.

2.

Maximum sign face: 400 square feet.

3.

Signs must be located on site within one of the following locational descriptions:

(i)

Within 1,000 feet from the intersection of U.S. Highway 64 bypass (controlled access) and State Highway 58, on the south side of U.S. 64 bypass;

(ii)

1,000 feet from the intersection of U.S. Highway 64 Bypass controlled access and U.S. Highway 64 Business with frontage on U.S. Highway 64; or

(iii)

Along the north side of SR 1779 from the intersection of SR 1770 and SR 1003 eastward 1,000 feet.

d.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(21)

Hospitals, sanatoria, homes for the aged and nursing homes.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1, R-30, R-10; R-6M, R-6, MF, O-I, B-1 and B-2.

c.

Minimum lot area. There shall be minimum lot area of district in which located plus 1,000 square feet for each person to be accommodated.

d.

Parking and loading.

1.

Nursing homes and homes for the aged. One space for each regular employee, plus one space for each four persons to be accommodated.

2.

Hospitals. One space for each bed space.

e.

Plans required. Plans required must show:

1.

Structures. Location and approximate size of all existing and proposed structures within the site and on the lots adjacent thereto.

2.

Circulation. Proposed points of access and egress and proposed patterns of internal circulation.

3.

Parking and loading. Layout of parking spaces.

f.

Other requirements. Must meet all requirements for licensing by the state. Where located in a residential district, there must be ample site area, adequate open space on all sides of the proposed structure, and other considerations, including landscaping, to the character of the neighborhood, so that its residential nature will be preserved.

(22)

Manufactured home, class B.

a.

Approved by. This use is approved by the town council.

b.

Special use district. The special use district is R-6.

c.

Lot area. Lot area shall be the same as the district in which it is located.

d.

Parking. There shall be two spaces.

e.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(23)

Manufactured home parks.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are A-1 and R-6M.

c.

Minimum lot area. Individual manufactured home spaces shall be at least 50 feet in width and shall contain at least 6,000 square feet of area. In addition, the park shall have sufficient area to provide for required access drives, play areas, barriers, etc., with a minimum of two acres and ten manufactured homes for the total park area.

d.

Parking and loading. There shall be two spaces for each lot plus one space for each three manufactured homes. Off-drive parking spaces shall not be considered part of any manufactured home space.

e.

Screening and fencing. Manufactured home parks shall have on their entire perimeter a natural or artificial barrier to provide safety and privacy to the park. Such barriers shall be unbroken except at entrance driveways or walkways. If plantings are used, plantings shall grow to a height of at least five feet after one full growing season and, when mature, be more than ten feet in height.

f.

Plans required. Plans required must show:

1.

Topography. Topography of the site at contour intervals no greater than five feet.

2.

Structures. Location and approximate size of all existing and proposed buildings and structures within the site and all existing buildings and structures with 500 feet adjacent thereto.

3.

Circulation. Proposed points of access and egress and pattern of internal circulation. All manufactured home spaces shall abut upon an interior drive.

4.

Parking and loading. Location of an arrangement of all proposed automobile parking spaces.

5.

Solid waste disposal. Location, description, and size of all solid waste storage facilities.

6.

Timing. Outline and time of initial development.

7.

Other details.

(i)

Location and dimension of individual manufactured home spaces.

(ii)

Provision for storm drainage and sanitary sewerage, approved by the town.

(iii)

Site plan shall be at a scale of one inch equals 50 feet or one inch equals 100 feet.

g.

Other requirements.

1.

There shall be yard clearance of at least 30 feet between each manufactured home, including manufactured homes parked end to end. Manufactured homes shall be located no closer than 25 feet to any exterior property line of the park, and no closer than 15 feet to the edge of any interior drive or walkway. No manufactured home shall be closer than 40 feet from a public street right-of-way.

2.

Water and sewage services must be approved by the county health department or the town.

3.

A recreation area of at least 200 square feet per manufactured home space shall be provided.

4.

All interior drives must be paved to a width of at least 21 feet, except one-way drives shall be at least 12 feet wide. Paved walkways of not less than two feet in width shall connect all service buildings to abutting drives.

h.

Existing parks. All operators of manufactured home parks existing on the effective date of the ordinance from which this section is derived shall submit an application for a special use permit prior to the installation of any improvements or otherwise developing such existing or proposed manufactured home parks.

i.

Fire protection. Every manufactured home park shall be equipped at all times with fire extinguishing equipment in good condition, of such size, type, and number and so located as to meet all regulations of the local fire inspector.

j.

Lighting. All interior drives, walkways, and steps shall be lighted with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet; or equivalent lighting. Such lighting shall be constructed under standards approved by the town's public works director.

k.

Structural additions. All structural additions to a manufactured home, other than those which are built into the unit and designed to fold out or extend from it, shall be erected only after a building permit shall have been obtained and such additions shall conform to the building code of the county where applicable, or shall meet the standards of any special regulations adopted with respect to such additions. The certificate of zoning compliance shall specify whether such structural addition may remain permanently, must be removed from the manufactured home when it is removed, or must be removed with a specified length of time, not to exceed three months, after the manufactured home is removed.

l.

Refuse collection facilities. Garbage collection and storage shall be provided in one of the following ways:

1.

Out-of-town. A permanent location shall be selected, and a dumpster or similar container shall be provided to serve all manufactured homes in the park; or

2.

In-town. All manufactured homes shall be supplied with one 90-gallon container to be provided by the town.

m.

Public telephone. For the purpose of safety and meeting emergencies, one telephone for each 25, or fraction thereof, manufactured home spaces shall continuously be provided to the entire occupancy of the park at convenient locations.

n.

Animal and pets. No owner or persons in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of the manufactured home park and its surrounding area.

o.

Management. In each manufactured home park, the manufactured home park operator or duly authorized attendant or caretaker shall be in charge at all times to keep the manufactured home park, its facilities, and equipment in a clean, orderly, safe, and sanitary condition. The manufactured home park operator is to be registered with the zoning administrator.

p.

Register of occupants. It shall be the duty of each manufactured home park operator to keep a register containing a record of all manufactured homeowners and occupants located within the park. Such register shall include names, and occupation of any person occupying the manufactured home; the make, model, color, and license number of all towing vehicles and care; and the license number and registration of all manufactured homes.

q.

Parking. No automobile parking shall be permitted in areas other than specified parking areas at any time.

r.

Mail. All spaces within the manufactured home park shall be serially numbered for mailing address purposes. These numbers shall be displayed either on each lot space or on the manufactured home. Where more than five rural mailboxes are used for mail delivery, the approval of the post office and the district highway engineer shall be required.

(24)

Manufactured home used as a second primary residence.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is A-1.

c.

Parking and loading. There shall be a minimum of two additional spaces.

d.

Other requirements.

1.

Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

2.

The occupants of the second dwelling must show a medical hardship for requesting the use.

3.

The special use permit may be granted for an 18-month period, upon which time the applicant must reapply for the permit.

(25)

Manufactured unit used as an office.

a.

Approved by. This use is approved by the Town council.

b.

Special use districts. The special use districts are O-I, B-1, B-2 and I-1.

c.

Minimum lot area. None.

d.

Parking and loading. There shall be one space for each person employed in the office at any given time, during a 24-hour period.

e.

Screening and fencing. There shall be a screen of dense plant material not less than four feet shall be required where the lot abuts a residential lot.

f.

Circulation. There shall be proposed points of access and egress and pattern of internal circulation.

g.

Notes.

1.

The manufactured unit must meet all state building codes and health regulations.

2.

The applicant shall demonstrate that substantial measures have been taken to procure a permanent building and the reasons for which the building was not procured.

3.

The certificate of compliance and the special use permit shall be valid for a period of 12 months, after which they may be renewed.

4.

The planning board and town council shall not consider issuing or reissuing a special use permit if it is apparent the circumstances will not change within a 12-month period.

h.

Other requirements. Consideration shall be given as to whether the proposed use shall threaten the integrity of the area in question.

(26)

Nightclubs, bars, lounges and the like.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are B-1 and B-2.

c.

Minimum lot area. Same as district in which it is located.

d.

Parking.

1.

B-1: One space for each 100 square feet of gross floor area.

2.

B-2: Not applicable.

e.

Screening and fencing. There shall be screen of not less than six feet high of dense plant material where lot abuts a residential lot. The screen must be opaque from the ground to a height of six feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation.

f.

Plans required. Plans required must show:

1.

Internal circulation pattern and provisions for parking.

2.

Control of noise, dust, traffic and visual impact.

3.

Signing (size and locations).

4.

Surrounding land uses within 500 feet of the property.

g.

Other requirements. Consideration should be given to whether the proposed use shall threaten the integrity of the area in question.

(27)

Planned unit developments, commercial (containing only such uses by right for the district in which it is located).

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are O-I, B-1, B-2 and I-1.

c.

Minimum area. There shall be at least five acres for major shopping center (B-1 district). At least two acres for neighborhood shopping center (B-2 district), or one town block as bounded by four streets (O-I, B-2). In other permitted districts, no minimum.

d.

Parking and loading. There shall be three square feet of graded and paved parking area to each square foot of enclosed floor space. One loading space for each 10,000 square feet of enclosed space.

e.

Screening and fencing. There shall be a screen not less than six feet high of dense plant material where lot abuts a residential lot.

f.

Plans required. Plans required must show:

1.

Topography. Topography of the site at contour intervals no greater than five feet.

2.

Structures. Location and approximate size of all existing and proposed structures within the site and all buildings and structures within 500 feet. All easements or rights-of-way, public or private, adjoining or intersecting such property.

3.

Circulation. Proposed points of access and egress and proposed pattern of internal automobile and pedestrian circulation.

4.

Parking and loading. Location and extent of parking and loading areas and proposed lighting facilities for parking and loading areas.

5.

Timing. Proposed schedule of development including stages likely to be followed.

6.

Other details.

(i)

Proposed provision for storm drainage and sanitary sewage, approved by the town, including both natural and manmade features.

(ii)

Size and proposed location of any signs to be visible from a public right-of-way.

(iii)

Proposed solid waste storage facilities.

(iv)

Proposed water system and firefighting facilities such as hydrants or sprinkler connections.

(v)

Types of surfacing for drives, sidewalks, malls, etc.

(vi)

The location and heights of all fences, walls and hedges shall be shown.

g.

Other requirements.

1.

Planned unit developments, commercial, shall be located within 500 feet of a major thoroughfare and shall have direct access thereto.

2.

Points of access and egress shall consist of driveways or roadways at least 20 feet in width and shall be set back a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion.

3.

Parking areas shall have a stabilized surface with parking spaces and traffic lanes clearly marked.

4.

The property shall not extend across any major arterial street.

5.

A detailed report containing pertinent economic data justifying additional business development at the site shall be submitted when deemed necessary for review by the town council.

(28)

Public buildings, libraries, museums, art galleries, etc.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are R-30, R-10, R-6M, R-6 and MF.

c.

Minimum lot area. Same as district where located.

d.

Parking and loading. Plans shall show layout of parking spaces:

1.

Fire stations and other public buildings: One space for each person on a normal shift.

2.

Libraries, museums and art galleries: One space for each 150 square feet of gross floor area.

e.

Screening and fencing. There shall be a screen of dense plant material not less than four feet where any off-street parking abuts a residential lot.

f.

Other requirements. Lighting shall be shielded so as to cast no direct light on adjacent property. For libraries, museums and art galleries, plans must be presented which show points of access and egress and pattern of internal circulation.

(29)

Public utilities, etc.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. All districts are special use districts.

c.

Minimum lot area. There shall be one-half acre for public utility station; one acre for telephone exchange; and three acres for radio and television towers and stations.

d.

Parking and loading. There shall be one space for each two regular employees.

e.

Screening and fencing. There shall be a screen of not less than six feet in height of dense plant material shall provide where lot abuts a residential lot. Substations shall be fenced in.

f.

Plans required. Plans required must show:

1.

Structures. Location and approximate size of all existing and proposed structures within the site and all buildings and structures within 500 feet.

2.

Circulation. Proposed points of access and egress.

3.

Parking and loading. Location and arrangement of all proposed off-street parking.

4.

Other details.

(i)

Proposed provisions for fencing and other protective screening at the lot lines adjacent to abutting residential property.

(ii)

The anticipated service area of the facility to be constructed.

(30)

Rehabilitation homes, such as halfway houses.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are MF and O-I.

c.

Minimum lot area. None.

d.

Parking and loading. There shall be one space for every five temporary residents or fraction thereof, plus one parking space for each employee on the premises.

e.

Other requirements. There shall be one sign permitted, not to exceed one square foot in area, which shall be flat mounted against the building or fence. All rehabilitation residences shall be licensed and/or sponsored by the appropriate state or local agency. The zoning lot on which one rehabilitation residence is proposed shall not be located within 500 feet of a zoning lot containing another such facility.

(31)

Schools, academic and nonacademic.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are as follows:

1.

Academic: All zones.

2.

Nonacademic: A-1, O-I and I-1.

c.

Parking and loading. There shall be two spaces for each regular employee for nonacademic schools. See division 6 of this article, pertaining to off-street parking, for academic school parking requirements.

d.

Plans required. Plans required must show:

1.

Structures. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

2.

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

3.

Parking and loading. Layout of parking spaces.

4.

Other details.

(i)

Location and extent of open recreation or training area.

(ii)

Estimated number of students.

(iii)

Subjects to be taught outside of regular classroom facilities (for example, in laboratories, gyms, etc.).

(32)

Tourist homes.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are R-10, R-6M, R-6 and MF.

c.

Minimum lot area. As required in zone located in.

d.

Parking and loading. There shall be one space for each employee and one for each two potential overnight guests, not to encroach on setbacks.

e.

Other requirements.

1.

Sign. Maximum area shall be four square feet total on site either flat-mounted on building or freestanding.

2.

Must be approved by any applicable regulatory agencies, i.e., health department, and obtain and maintain town privilege license.

(33)

Townhouses (residential and commercial).

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use districts are as follows:

1.

Residential townhouses: R-10, R-6M, R-6, MF, O-I and B-2.

2.

Commercial townhouses: O-I, B-1, B-2 and I-1.

c.

Plats required. A preliminary plat of a proposed townhouse development and a final plat of the development shall be submitted pursuant to the provisions of the special use permit to the town council with the following:

1.

Site plan. The site plan shall show the location of the buildings, streets, alleys, walks, parking area, recreation areas, and facilities, numbered and dimensioned residential sites, and common areas to be conveyed to an owners' association, the members of which shall be all of the owners of sites within the development.

2.

Design standards. The design standards for planned unit developments shall be applicable to townhouse developments; and in addition, the following requirements shall be complied with:

(i)

Sites. The site plan shall number and show the location and dimension of sites within the development. The site shall be that property intended for conveyance to a fee simple owner after the construction thereon of a structure and shall be sufficient in size to contain the structure to be constructed thereon; the site may be of any larger size desired by the developer, provided that in no case shall a site be located within 20 feet of any public right-of-way.

(ii)

Common areas. All areas on the site plan, other than public streets and sites, shall be shown and designated as common areas, the fee simple title to which shall be conveyed by the developer to the owners' association. Such common areas shall not be subdivided or conveyed by the owners' association.

(iii)

Covenants and restrictions. The developer shall file with an application for preliminary approval a declaration of covenants and restrictions governing the common areas, the owners' association and sites. The restrictions shall contain, but not be limited to, provisions for the following:

A.

The owners' association shall be organized and in legal existence prior to the sale of any structures in the development.

B.

Membership in the owners' association shall be mandatory for each successive purchaser of a site.

C.

The owners' association shall be responsible for the payment of premiums for liability insurance, local taxes, maintenance of facilities located on the common areas, payment of assessments for public or private capital improvements made to or for the benefit of the common areas, maintenance and repair to the exterior of all structures located within the development. It shall be further provided that upon default by the owners' association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the common areas or assessments for public improvements to the common areas, which default shall continue for a period of six months, each owner of a site in the development shall become personally obligated to pay to the taxing or assessing governmental authority a portion of such taxes assessments in an amount determined by dividing the total taxes and/or assessments due to the governmental authority by the total number of sites in the development. If such sum is not paid by the owner within 30 days following receipt of notice of the amount due, then such sum shall become a continuing lien on the site of the owner, his heirs, devisees, personal representatives, and assigns, and the taxing or assessing governmental authority may either bring an action at law against the owner personally obligated to pay the lien or may elect to foreclose the lien against the lot of the owner.

D.

The owners' association shall be empowered to levy assessments against the owners of sites within the development for the payment of expenditures made by the owners' association for the items set forth in subsection (b)(33)c.2(iii)C of this section and any such assessments not paid by the owner against whom such are assessed shall constitute a lien on the site of the owner.

E.

Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a site.

F.

All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction damages shall be established.

(34)

Internet cafe.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is B-1.

c.

Parking and loading. There shall be one space per computer located on the premises.

d.

Other requirements.

1.

Separation from other uses. Any structure in which an internet cafe is operating shall be separated by a distance of at least 500 feet (determined by a straight line and not street distance, without regard to intervening structures or objects) from any residential zoning district, or other zoning district in which residential use is a use by right, any school, church, childcare center, public park, or playground. The distance for the separation from residential zoning and other protected uses shall be measured from the closest edge of the building occupied by an internet cafe to the nearest property line of the residential zoning district or other zoning district in which residential use is a use by right, or to the property line of a protected use.

2.

Such internet cafe uses shall only be allowed as principal or primary use and shall not be permitted as an accessory use to any other principal or primary use.

(35)

Solar farm.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is I-1.

c.

Parking and loading. Exempt from parking requirements if there is no commercial or office building component.

d.

Minimum lot size. The minimum lot size shall be ten acres.

e.

Other requirements.

1.

Separation from other uses. There shall be 100 feet from any residential zoning district.

2.

Setbacks. Same as underlying district.

3.

Fencing. Enclosed with security fence at least six feet in height around the perimeter of facility.

4.

Height. Solar panels shall be a maximum of 20 feet in height as measured from the grade at the base of the structure to the apex of the structure (excludes antennas or utility poles). Rooftop facilities are exempt as long as they blend in with character of building or are not visible from ground level.

5.

Glare-resistant solar panels. Glare-resistant solar panels shall be used if the facility is within 100 feet of a public road right-of-way.

6.

Removal. The town shall be given copies of the lease agreement and the plan for removal of the facility/equipment. The plan for removal shall designate the party who is responsible for removal and shall estimate the cost of removal. The town shall be given an irrevocable letter of credit for the estimated cost of removal.

7.

Abandonment. The facility/equipment shall be removed by the responsible party at their expense, within 180 days of a determination by the planning director that the facility is no longer being maintained in an operable state of good repair for its intended use.

(36)

Dwellings, multifamily (other than townhouses, condominiums, and PUDs), one building per lot.

a.

Approved by. This use is approved by the town council.

b.

Special use districts. The special use district is B-2.

c.

Multifamily uses. Multifamily uses shall be limited to the second and higher floors in vertical mixed-use buildings only.

d.

Parking. Parking shall comply with section 18-165.

(Code 2002, § 18-115; Ord. of 1-5-1993, art. V, § 2; Ord. of 10-11-1994; Ord. No. 2003-03, 7-1-2003; Ord. No. 2004-01, § 1), 5-4-2004; Ord. No. 2005-04, 7-5-2005; Ord. of 4-6-2010, § C; Ord. of 2-3-2015(2), § C; Ord. No. 2018-04, § C), 3-6-2018; Ord. No. OA-2023-04, § 2, 4-4-2023; Ord. No. OA-2023-12, § 2, 5-2-2023)

Editor's note— Ord. of 2-3-2015(2), § C, added provisions pertaining to solar farm designated (34), but inasmuch as provisions so designated already existed, said provisions have been renumbered (35).