Newport City Zoning Code

   Refer to Article III, § 3-8 for Uses Prohibited.

   The town desires to limit and control the access to properties onto Highway 70 in order to discourage the proliferation of traffic signals along the thoroughfare and maintain unimpeded flow of vehicular traffic along the highway. In doing so, a planned access will be awarded only by a special use permit.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-21)

   (1)   Purpose. R-20 Residential Agricultural District is rural, agricultural in nature. The district is primarily farming agricultural uses and permits single-family dwellings and manufactured homes (mobile homes). Public water and sewer are normally not available. This district is generally considered not to be within the town limits; however, it is transitional and may be developed to a higher density residential or other than residential zone when it is determined that the area in question is appropriate and the action is necessary to the town. It is further intended that when these areas are developed and provided with town water and sewer, the areas should be annexed into the town.

   (2)   Permitted uses.

      a.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      b.   Bona Fide Farm, except for Intensive Livestock Operations;

      c.   Companion unit attached or detached guest house;

      d.   Dwelling, single-family, duplex apartment, module home (North Carolina Residential Building Code labeled), licensed family care home five or less unrelated persons, manufactured home (mobile home). Manufactured homes shall be HUD approved and certified to meet or exceed North Carolina Wind Code requirements for Wind Zone III;

      e.   Home occupation subject to the provisions of Article VIII;

      f.   Public utility use. Utility substations and the like shall be screened and/or landscaped as provided in this ordinance. Refer to special use permit section (3) below for office, storage, maintenance facilities and WTF; and

      g.   Municipal park and/or recreational areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council.

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX, § 9-7.

      b.   Mining and borrow pits;

      c.   Cemetery, places of worship, community centers, child day care centers;

      d.   Mobile home park;

      e.   Hunting lodge, private club or lodge;

      f.   Recreational vehicle parks. Refer to § 9-5 for development standards;

      g.   Intentionally left blank for future use;

      h.   Convalescent, rest or nursing homes;

      i.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet the requirements of the members, guests or users of the golf course only;

      j.   School;

      k.   Public utility facilities with associated office, storage or maintenance facilities; and

      l.   Wind energy facilities (WTF). Must comply with Article IX, § 9-6.1.

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VIII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance may apply as appropriate;

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2); and

      f.   Wind energy facilities shall be developed in accordance with Article IX, § 9-6.1 as appropriate.

   (5)   Minimum setback and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2020-01, passed 6-11-2020; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. R-20A Residential Single-Family District that is rural in nature and is generally not served by a public water or sewer system. It is usually created out of the R-20 District where the developer of a subdivision or homeowners desire the development standards of single-family dwellings. Barn yard animals and manufactured (mobile) homes are not permitted.

   (2)   Permitted uses.

      a.   Single-family residential homes that are constructed in accordance with the North Carolina Residential Building Code;

      b.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      c.   Companion unit attached or detached guest house;

      d.   Home occupation subject to the provisions of Article VIII;

      e.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. Office, storage, maintenance facilities and WEF are not permitted use; and

      f.   Municipal park, recreation areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX, § 9-7;

      b.   Cemetery, religious establishments, community centers, child day care centers;

      c.   Convalescent, rest or nursing homes;

      d.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet the requirements of the members, guests or users of the golf course only;

      e.   School; and

      f.   Public utility facilities with associated office, storage or maintenance facilities. WEF are not permitted.

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance may apply as appropriate; and

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2).

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014: Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. R-20MH Residential Single-Family District that is rural in nature and may not be served by a public water or sewer system. It is usually created out of the R-20 District where the developer of a subdivision or homeowners desire the development standards of districts where single- family manufactured homes (mobile homes) is the only dwelling permitted use.

   (2)   Permitted uses.

      a.   Single-family manufactured homes (mobile homes). Manufactured homes shall be HUD approved and certified to meet or exceed North Carolina Wind Code requirements for Wind Zone III;

      b.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      c.   Home occupation subject to the provisions of Article VIII;

      d.   Public utility buildings and substations. Office, storage or maintenance facilities are not permitted use; and

      e.   Municipal park, recreation areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX, § 9-7;

      b.   Cemetery, religious establishments, community centers, child day care centers;

      c.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet only the requirements of the members, guests or users of the golf course;

      d.   School; and

      e.   Public utility facilities with associated office, storage or maintenance facilities. WEF are not permitted.

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance may apply as appropriate; and

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2).

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. The R-15 District is for medium density residential single-family development. This district is the preferred development where public water and sewer is provided. The development standards are single-family dwellings. It is further intended that when these areas are developed and provided with town water and sewer, the area shall be annexed into the town.

   (2)   Permitted uses.

      a.   Only single-family residential homes that are constructed in accordance with the North Carolina Residential Building Code;

      b.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      c.   Companion unit attached or detached guest house that is constructed in accordance with the North Carolina Building Code for that purpose;

      d.   Home occupation subject to the provisions of Article VIII;

      e.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. Facilities with associated office, storage and/or maintenance facilities and WEF is not a permitted use; and

      f.   Municipal park, recreation areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX § 9-7;

      b.   Cemetery, religious establishments, community centers, child day care center;

      c.   Convalescent, rest or nursing homes;

      d.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet only the requirements of the members, guests or users of the golf course; and

      e.   School.

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance which apply; and

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2).

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. The R-8 and R-10 Districts were created in recognition of high density areas within the town that were developed prior to the existence of the Zoning Ordinance. It is not the intent to create or expand any future R-8 Districts. R-10 areas may be created when it is found to be in the best interest of the town.

   (2)   Permitted uses.

      a.   Single-family, in the R-8 District. Single-family and multi-family residential homes in the R-10 District. Residential homes that are constructed in accordance with the North Carolina Residential Building Code;

      b.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      c.   Companion unit attached or detached, guest house;

      d.   Home occupation subject to the provisions of Article VIII;

      e.   Public utility building, use and substations, (WEF is not permitted). Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. Office, storage or maintenance facilities are not permitted uses; and

      f.   Municipal park, recreation areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX, § 9-7;

      b.   Cemetery, religious establishments, community centers, child day care center;

      c.   Convalescent, rest or nursing homes;

      d.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet only the requirements of the members, guests or users of the golf course;

      e.   School; and

      f.   Public utility facilities with associated office, storage or maintenance facilities (not to include WEF).

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance may apply as appropriate; and

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2).

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. The R-15D District is for medium density residential single-family town home development. This district is where public or private community water and sewer systems are provided. It is usually created out of the R-20 District where the developer of a subdivision or the homeowners desire the development standards for North Carolina Building Code “Town Homes”.

   (2)   Permitted uses.

      a.   Only single-family residential “town” homes and residential single-family homes either of which are constructed in accordance with the North Carolina Residential Building Code;

      b.   Accessory uses and accessory buildings customarily appurtenant to a permitted use and subject to provisions of Article VIII;

      c.   Home occupation subject to the provisions of Article VIII;

      d.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. (WEF is not permitted); and

      e.   Municipal park, recreation areas.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Wireless telecommunications service (WTS). Shall comply with provisions of Article IX, 9-7;

      b.   Cemetery, religious establishments, community centers;

      c.   Convalescent, rest or nursing homes;

      d.   Golf courses, including par 3 but not miniature. Minimum ten acres, together with such uses which are incidental to golf courses, provided that such uses are scaled to meet only the requirements of the members, guests or users of the golf course;

      e.   School; and

      f.   Public utility facilities with associated office, storage or maintenance facilities. WEF is not a permitted use.

   (4)   Development standards.

      a.   Signs are permitted in accordance with Articles VII and XIV;

      b.   Site development and landscaping in accordance with Article XII;

      c.   Off-street parking in accordance with Article XIII;

      d.   Other sections of the Zoning Ordinance may apply as appropriate;

      e.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2); and

      f.   A homeowners association (HOA) shall be created for any new town home development regardless of the number of living units proposed. The HOA document shall address all common areas such as: water, sewer and drainage easements; maintenance and ownership; building maintenance and upkeep; appearance standards; landscaping maintenance; and any other issues that the town may identify for harmonious existence in the district.

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. RO Residential Office District is designed to establish and preserve areas for employment activity and service to the public which do not materially detract from, but to co-exist with, professional office, limited commercial and residential uses. This district is generally created along the south side of Howard Boulevard.

   (2)   Permitted uses.

      a.   Professional offices such as business, financial, medical, clinics, dental, veterinary, real estate, legal, governmental, contractors, etc.; provided that no outside storage is maintained;

      b.   Limited retail and personal services such as flower shops, barber and beauty shops, arts and crafts, clothing stores, eatery/café, pharmacy, etc., not to include tattoo or body piercing. The permitted establishments are generally for the convenience of local clientele and the size of the retail building is intended to encourage high volume retail to locate within the appropriate commercial district;

      c.   Automobile parts and supplies, not to include used parts such as salvage yard;

      d.   Building contractor office, not to include warehousing or storage of building material;

      e.   Non-profit lodges and civic clubs;

      f.   Child care facilities;

      g.   Art museums/gallery, libraries and related cultural establishments;

      h.   Community parks and community centers;

      i.   A place of worship;

      j.   Funeral home;

      k.   Public utility building, use and substations. (Wind energy facilities are not a permitted use.) Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance;

      l.   Wireless telecommunications service (WTS);

      m.   Accessory uses customary to the associated permitted use; and

      n.   Residential single-family, duplex and apartment. Residences may also be permitted on any floor above other permitted uses in the district.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Auction house, provided that outside display of merchandise is permitted only on the day of the sale; and

      b.   Public utility facilities with associated office, storage or maintenance facilities, (not to include wind energy facilities).

   (4)   Development standards.

      a.   The limited commercial uses are permitted in buildings that do not exceed 2,000 square feet in gross area;

      b.   None of the uses shall allow the outside display or storage of merchandise or equipment including vehicles, boats, mobile homes, etc.;

      c.   Signs are permitted in accordance with Articles VII and XIV;

      d.   Site development and landscaping in accordance with Article XII;

      e.   Off-street parking in accordance with Article XIII;

      f.   Other sections of the Zoning Ordinance may apply as appropriate;

      g.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2); and

      h.   Funeral homes shall be located on a parcel of land not less than one acre; no portion of the structure may be closer than 25 feet from any residential lot line.

   (5)   Minimum setbacks and lot area for the district.

      a.   Setback for the district.

 

 

      b.   Lot area for the district.

 

 

      c.   Minimum front yard setback is 40 feet along U.S. Highway 70 and 20 feet setback from secondary roads, such as 9 Foot Road, Roberts Road, East Chatham Street or service roads. Corner lots shall be treated as having two front yards. Distance between buildings and structures shall comply with the North Carolina Building Code. The “drip” off of canopies may encroach to within 15 feet of the front property line. Refer to Article III, § 3-5 for the placement of accessory uses such as vending machines and bank teller machines within the minimum setback.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. The NB-1 District is designed to provide areas where limited business and personal service establishments can locate near or within a residential district for the convenience or necessity of the neighborhood. This is an overlay district and is created only when the applicant can demonstrate that it is in the best interest of the neighborhood to locate there. Any one business of a type or kind is limited to a maximum gross floor area of 2,000 square feet.

   (2)   Permitted uses.

      a.   Professional offices such as real estate, legal, accessory uses customarily incidental to the permitted use, café, convenient mart not to include fuel dispensing, car wash, and auto related services, book and news stand, etc.;

      b.   Personal services such as barbershop, beauty shop, child care center, launderette, pick-up laundry and dry cleaning stations, financial, doctor, dentist;

      c.   Video gaming machines or stations limited to three or fewer as accessory to convenience stores;

      d.   Mixed use buildings; and

      e.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. (Not to include WEF.)

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Convenient mart which may include automotive fuel dispensing;

      b.   Wireless telecommunications service; and

      c.   Public utility facilities with associated office, storage or maintenance facilities, (not to include WEF).

   (4)   Development standards.

      a.   None of the uses permit the outside display or storage of merchandise or equipment including vehicles, boats, mobile homes, etc.;

      b.   Signs are permitted in accordance with Articles VII and XIV;

      c.   Site development and landscaping in accordance with Article XII;

      d.   Off-street parking in accordance with Article XIII;

      e.   Other sections of the Zoning Ordinance may apply as appropriate;

      f.   Support equipment such as air compressors and air conditioners, which may generate loud noise, shall be located within sound proof enclosures;

      g.   Outdoor lighting shall be directed away from adjacent residential properties;

      h.   A privacy type fence, minimum six feet high, shall be provided and maintained along the rear property line and property line adjacent to residential zoned property; and

      i.   Convenient marts and any other business that may create noise or disturb the quiet nature of nearby residences shall limit hours of operation to between 5:00 a.m. and 12:00 p.m.

   (5)   Minimum setbacks and lot area for the district.

      a.   Minimum setbacks.

 

 

      b.   Lot area in the district.

 

 

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. CD Commercial Downtown District is designed to establish and preserve areas for business activity and serve the public with compatible uses within the historical central area of the town which is located along parts of Chatham and East Chatham Street.

   (2)   Permitted uses. Within the CD District, a building shall be used for the following uses only:

      a.   Convenience retail establishments such as, but not limited to, pharmacy, hardware, grocery and beverage stores, hobby, crafts, gunsmith, bakery, flower and gift shops, news stands and book stores, general mercantile stores, clothing, variety and similar small size businesses;

      b.   Personal service establishments such as, but not limited to, barber and beauty shops, tanning and aesthetician or esthetician shops not including tattoo and body piercing parlor, photo studios, libraries, child care centers, laundromats, laundry pick-up, tailor, dressmaking, shoe shop, photo studio, restaurants and similar personal services. Adult establishments are not permitted;

      c.   Professional offices such as business, legal, financial, medical clinics and governmental;

      d.   Lodges and civic clubs;

      e.   Public schools and commercial schools providing training in any of the arts, sciences, trades and professions;

      f.   Customary accessory uses, structures and buildings. Video gaming machines and/or other coin operated gaming machines not to exceed three per establishment as accessory uses;

      g.   Mixed use buildings;

      h.   All of the permitted uses listed in the RO District except residential;

      i.   Residential dwelling units are allowed on any floor above a first floor business which is operating five or more days a week at least four hours daily; and

      j.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. (Not to include WEF.)

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Motor vehicle sales and service;

      b.   Commercial recreation establishments, including theaters;

      c.   Public utility facilities with associated office, storage or maintenance facilities, (not to include wind energy facilities); and

      d.   Any large accessory use or machine that will encroach in the minimum setback such as bank teller machines, ice manufacturing vending machine, etc. Refer to Article XV for requirements.

   (4)   Development standards.

      a.   There is no minimum lot size, width or frontage in the CD District. Distance between buildings and structures are in accordance with the North Carolina Building Code.

      b.   Maximum building height is 50 feet measured from mean elevation of ground within five feet of building foundation and mean height of roof structure.

      c.   None of the permitted or special uses allow after close of business outside display or storage of merchandise or equipment with the exception of motor vehicle repair and/or sales lots and then only that material necessary for the service or marketability of the product. Junk or salvage vehicles or parts are not permitted to be stored or kept outside of a building. Maximum time for storage of vehicles outside of a building is 30 days.

      d.   Signs are permitted in accordance with Articles XIV and VII.

      e.   Site development and landscaping in accordance with Article XII.

      f.   Other sections of the Zoning Ordinance may apply as appropriate.

      g.   There are no minimum parking requirements except the minimum accessible parking required by the Building Code.

   (5)   Minimum setbacks and lot area.

      a.   Minimum setbacks. Only apply when the use abuts a zone with setbacks. CD use shall honor those abutting setbacks. The “drip” off of canopies may encroach to within 15 feet of the front property line. Refer to Article XV for accessory uses.

 

 

      b.   Lot area in the district.

 

 

      c.   Minimum front yard setback is 40 feet along U.S. Highway 70 and/or 20 feet setback from secondary roads, such as 9 Foot Road, Roberts Road, East Chatham Street or service roads. Corner lots shall be treated as two front yards. Distance between buildings and structures shall comply with the North Carolina Building Code.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. CH Commercial District is to provide commercial opportunities to the traveling public and areas in the town where large scale commercial projects may take place with minimum impact on contiguous residential development. This district is designed to support local as well as regional shopping centers and business complexes. As such, the district will accommodate a wide range of business and commercial uses, clustered where feasible for “cumulative attraction” and located for optimum accessibility.

      The town desires to limit and control the access from commercial properties onto Highway 70 in order to discourage the proliferation of traffic signals along the thoroughfare and maintain unimpeded flow of vehicular traffic along the highway. In doing so, a planned access will only be allowed only by a special use permit.

   (2)   Permitted uses.

      a.   Primary retail establishments such as those selling one-stop items, usually high bulk, including, but not limited to, home furnishings, business machines, heating and air conditioning, appliance sales and service, and similar establishments; also including establishments sales and service, repair motor vehicles, boats, farm equipment, tombstones, bicycles and service, small motor repair. Any single retail establishment that exceeds 50,000 square feet in gross sales floor area is separately defined as “big box” retail; motels;

      b.   Convenience retail establishments such as, but not limited to, pharmacy, hardware, restaurants with or without serving alcohol beverages, appliance service and repair, grocery, general mercantile stores;

      c.   Personal service establishments such as, but not limited to, barber and beauty shops, tanning and aesthetician or esthetician to include tattoo and body piercing parlor, health care establishments, physical fitness, etc., not to include adult uses as defined herein. Financial and banking, photo studios, libraries, child care centers, laundromats, laundry pick-up, tailor, dressmaking, shoe shop, photo studio, print shop, restaurants with drive-through and similar personal services. Dry storage (mini-storage warehousing), where all storage is inside of the building and the maximum size of individual stalls not to exceed 300 square feet. The storage stalls shall not be used for sleeping accommodations. Special attention is given to litter and unsightliness, ice and other vending machines;

      d.   Building and home furnishing supplies. Intended for “within” building enclosure lumber storage. Outside storage shall be out of view of the primary highway;

      e.   Funeral homes;

      f.   Recreation establishments, including theaters, indoor shooting range, miniature golf, water slides and arcades, helicopter rides and other aircraft rides and tours, indoors and outdoor multi-recreation and entertainment such as rodeos, fairs, circus, carnival, bowling alleys, car/boat shows, ball stadiums, race tracks, swimming pools;

      g.   Schools providing training in any of the arts, science, trades and professions;

      h.   Customary accessory uses, structures and buildings;

      i.   Worship and religious institutions;

      j.   Gas stations, motor vehicle service, repair, car wash, boat and similar activity; provided, there shall be no openings toward adjoining residential districts and no junked salvaged vehicles or used/salvaged parts or equipment shall be kept on the outside unless approved by a special use permit;

      k.   Public and private transportation service and facilities;

      l.   Wireless telecommunications facilities shall comply with Article IX development standards (§ 9-7.2).

      m.   Residential dwelling units where located on any floor above the first floor. These units can be single-family, apartments, condominium, etc.;

      n.   Accessory uses customarily incidental to permitted uses. Accessory uses associated with activities such as poolside, restaurants, night clubs and radio broadcast studios, drive-up or drive-in service and the like. The Zoning Official shall determine the appropriate action necessary to mitigate any noise, air pollution, litter or unsightliness. Any complaint mitigation of the offending use may include limiting hours of operation, erecting buffers or any other enforcement provided for in the Zoning Ordinance;

      o.   Public utility building, use and substations. Utilities substations shall be surrounded by screening and/or landscaping as provided for in this ordinance. Storage or maintenance facilities is not a permitted use. Refer to special use permits. WEF is not a permitted use; and

      p.   Veterinarian Offices/Animal Hospitals.

   (3)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   Any permitted use or modification of a facility or use that requires the construction of an ingress or egress drive from U.S. Highway 70 into the property. Highway 70 is designated as a limited access highway:

         1.   The owner or agent for the owner shall include in the application the name and address of all persons owning an interest in the permitted use;

         2.   The nature and proposed or contemplated use;

         3.   A plat of the land upon which the use is located showing all access to the highway within 500 feet of the proposed use;

         4.   The distance to the nearest intersection on each side of the use location;

         5.   Location of service roads;

         6.   A statement of the need for the proposed direct access and why a nearby access cannot be used or is inadequate; and

         7.   The Council may grant the access after finding that:

            a.   Granting will not confer upon the applicant an advantage not accorded to others whose property is similarly situated;

            b.   Present access is inadequate;

            c.   Traffic flow and patterns will not be substantially adversely impaired;

            d.   Public safety will not be significantly impaired;

            e.   There are no reasonable alternatives which would provide adequate access;

            f.   The applicant may be required to share the access with present or future adjacent land uses;

            g.   Any other consideration or requirement the Council deems necessary; and

            h.   Public utility facilities with associated office, storage or maintenance facilities, (not to include wind energy facilities).

      b.   Adult establishments and uses. Refer to the requirements of § 9-4 of this ordinance;

      c.   Bar or night club; and

      d.   Surplus materials, heavy machinery, manufactured homes service and repair, light manufacturing or fabrication establishes that is conducted within doors or any similar business may be favorably considered after consideration of appearance, noise, etc. associated with roadway and neighboring property.

   (4)   Development standards.

      a.   None of the uses allow after close of business outside display or storage of merchandise or equipment with the exception of vending machines, and equipment in accordance with Article XV, motor vehicle repair and/or sales lots and then only that material necessary for the service or marketability of the product. Junk or salvage vehicles or parts are not permitted to be stored or kept outside of a building. Maximum time for storage of vehicles outside of a building is 30 days;

      b.   Construction offices where machinery, trucks, equipment, etc. are stored out of doors. Special attention shall be given to mitigate problems with noise, congestion, litter and unsightliness and all such equipment, machinery and vehicles shall be screened from view by fencing to a minimum height of five feet and landscaping and screening as provided elsewhere in this ordinance;

      c.   There is no minimum lot size, width, or side and rear setbacks. Minimum front yard setback is 40 feet along U.S. Highway 70 and/or 20 feet setback from secondary roads, such as 9 Foot Road, Roberts Road, East Chatham Street or service roads. Corner lots shall be treated as two front yards. Distance between buildings and structures shall comply with the North Carolina Building Code. The “drip” off of canopies may encroach to within 15 feet of the front property line. Refer to ArticleXV for the placement of accessory uses such as vending machines and bank teller machines within the minimum setback;

      d.   Maximum building height is 70 feet;

      e.   Signs are permitted in accordance with Articles XIV and VII;

      f.   Site development and landscaping in accordance with Article XII;

      g.   Off-street parking in accordance with Article XIII; and

      h.   Other sections of the Zoning Ordinance may apply as appropriate.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2020-03, passed 8-13-2020; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. The purpose of this district is to encourage the development of business and manufacturing uses relatively free of offensive elements. Industrial uses which may involve the manufacturing, processing, assembly, operation, storage of materials or equipment and public utility operations that are conducted within doors. Special attention shall be placed on buffering and landscaping.

   (2)   Permitted uses.

      a.   Administrative offices associated with related industrial use;

      b.   Wholesale establishments, office buildings and institutions;

      c.   Manufacturing, assembly and processing uses that are conducted indoors such as electronics, small appliances, electrical/mechanical supplies and distribution, testing laboratories, furniture manufacturing, manufacturing or assembly of previously processed raw material such as clothing, plastic, paper, leather, precious or semi-precious metals or stones, but not such operations as lumber mills, rock crushing or the like from raw materials. Boat manufacturing and the like;

      d.   Alcohol and other beverage manufacturing and distributing, bakeries, boat manufacturing and repair facility, appliance repair;

      e.   Automotive and other vehicle wash, repair centers and parts not to include salvage or wrecking yards;

      f.   Building materials sales yard not to include concrete mixing plant, asphalt processing or handling areas;

      g.   Building contractor shops, dry storage (mini storage) to include outside storage of RV, boats, etc., where special attention is given to mitigate unsightliness. Chemical manufacturing, refining or processing except those processes prohibited in this section;

      h.   Dairy products processing and distribution, bakeries;

      i.   Telecommunications facilities shall comply with Article IX development standards (§ 9-7.2);

      j.   One residential dwelling unit for the purpose of security or caretaker living quarters; and

      k.   Indoor/out of doors recreation facilities.

   (3)   Prohibited uses. Certain manufacturing or processing products or chemicals by their nature are declared incompatible with and injurious to the town and its environs, and therefore are expressly prohibited by this part. Such prohibited uses include, but are not limited to:

      a.   The manufacture of acid, ammonia, aniline colors or dyes, lime and sulfates, coal tar products, fertilizer, glue, gelatin, industrial poisons or chemicals, lampblack, matches, oil cloths or linoleum, paper or pulp, printing ink, pyroxylin or celluloid products, rubber or leather goods, tar or waterproofing products, slaughterhouses, rolling mills and coke ovens, and the manufacture of gunpowder, fireworks or other explosives or explosive substances, except fixed ammunition;

      b.   The distilling or grinding of coal, wood, bones or shells;

      c.   The manufacturing, rendering or refining of fats, soap, tallow, grease or lard;

      d.   The manufacture or refining of asphalt;

      e.   Iron or steel foundry or works;

      f.   Tanning, curing or storing of raw hides or skins, leather or hair;

      g.   The manufacture of disinfectants or insecticides;

      h.   Truck terminals;

      i.   Saw mills and the processing of raw wood lumber products;

      j.   Cement or concrete plants; and

      k.   Domestic animal boarding kennel.

   (4)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   The use of a prohibited chemical, product or process in a permitted industrial use shall be considered on a case by case basis;

      b.   Any non-offensive manufacturing use that is not expressly prohibited in this chapter that the Board finds is appropriate for the district; and

      c.   Wind energy systems. WEF shall be developed in accordance with Article IX, § 9-6.1 as appropriate.

       d.   Solar farm facility. SFF shall be developed in accordance with Article IX, § 9-9.

   (5)   Development standards.

      a.   Minimum lot area is 20,000 square feet;

      b.   Minimum lot width at the street 35 feet;

      c.   Maximum height of building if located within 200 feet of a residential district 50 feet unless approved by a special use permit;

      d.   Maximum lot coverage 35% for industrial and office buildings, 45% for warehouse, 55% for personal storage; and

      e.   Minimum front yard setback is 40-foot setback along U.S. Highway 70 and/or 20- foot setback from secondary roads, such as 9 Foot Road, Roberts Road, East Chatham Street or service roads. Corner lots shall be treated as two front yards. Distance between buildings and structures shall comply with the North Carolina Building Code. The “drip” off of canopies may encroach to within 15 feet of the front property line. Refer to Article XV for the placement of accessory uses such as vending machines and bank teller machines within the minimum setback.

   (6)   Other development standards.

      a.   Special attention shall be given to the out of doors storage of equipment, trucks, etc., to mitigate problems of noise, congestion, odor, dust, litter and unsightliness which may require fencing, additional landscaping and buffering;

      b.   Area lighting shall not cause glare to other off-premises business establishments or nearby residential neighborhoods;

      c.   Public address systems shall not be situated or the volume level set so as to cause a nuisance to any off-premises business or residential neighborhoods;

      d.   Signs are permitted in accordance with Articles XIV and VII;

      e.   Site development and landscaping in accordance with Article XII;

      f.   Off-street parking in accordance with Article XIII;

      g.   There shall be no emission of any fumes, vapors or gases of a noxious, toxic or corrosive nature which can cause any damage or nuisance to other uses beyond the property line; and

      h.   Activities which could produce any adverse effect on the temperature, motion or humidity of the atmosphere beyond the property line shall not be permitted.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. Z2014-01a, passed 12-11-2014; Ord. 2021-02, passed 6-14-2021)

   (1)   Purpose. IW Industrial Warehouse District is to permit the development and operation of uses and processes that are determined by the Town Council to be necessary and beneficial to the town and are ordinarily prohibited in any other district as a special or permitted use.

   (2)   Permitted uses.

      a.   All uses that are permitted uses listed in the LI Light Industrial District;

      b.   Alcohol and beverages manufacturing, bakeries;

      c.   Motor vehicle, boat, aircraft and the like manufacturing and/or repair garages;

      d.   Telecommunications systems and towers; and

      e.   Any use, production or manufacturing not listed as permitted uses.

   (3)   Prohibited uses. Any use determined by the Town Council as not compatible with the surrounding area or within the district.

   (4)   Use that requires classification as a Conditional Zoning District as approved by Town Council:

      a.   A use of a prohibited chemical, product or process in an industrial use shall be considered on a case by case basis; and

      b.   Wind energy systems. WEF shall be developed in accordance with Article IX, § 9-6.1 as appropriate.

      c.   Solar farm facility. SFF shall be developed in accordance with Article IX, § 9-9.

   (5)   Development standards.

      a.   There is no minimum lot size, width, or side and rear setbacks. Minimum front yard setback is 40 feet along U.S. Highway 70 and/or 20-foot setback from secondary roads, such as 9 Foot Road, Roberts Road, East Chatham Street or service roads. Corner lots shall be treated as two front yards. Distance between buildings and structures shall comply with the North Carolina Building Code.

      b.   Maximum building height is 70 feet measured from mean elevation of ground within five feet of building foundation and mean height of roof structure, the Council may grant heights greater than 70 feet to structures and equipment on a case by case basis.

      c.   Signs are permitted in accordance with Articles XIV and VII.

      d.   Site development and landscaping are permitted in accordance with Article XII.

      e.   Off-street parking is permitted in accordance with Article XIII.

      f.   Other sections of the Zoning Ordinance may apply as appropriate.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2021-02, passed 6-14-2021)