It is the intention of the council to create, and from time to time amend, a list of special uses within the table of permitted uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. The council is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which, now or in the future, may be included on this list are appropriately handled as special uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right. In addition to the listing of such uses, the council intends that the general standards, established in section 102-462, and the more specific requirements, established below, shall be used by the board of adjustment, the city planning and zoning commission, and the council, as appropriate, to direct deliberations upon applications for the approval of special uses. It is the express intent of the council to delineate the areas of concern connected with each special use and provide standards by which applications for such special use shall be evaluated.

(Code 1972, § 26-11.1; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

The following general standards shall be met by all applicants for approval at special uses:

(1)

The use will promote the public health, safety and general welfare, if located where proposed and developed and operated according to the application.

(2)

The use, which is listed as a special use in the district in which it is proposed to be located, complies with all required regulations and standards, including the provisions of articles IV, V and VI of this chapter, unless greater or different regulations are contained in the individual standards for that special use.

(3)

The use will maintain or enhance the value of contiguous property, or that the use is a public necessity.

(4)

The use is in compliance with the general plans for the physical development of the city as embodied in these regulations. The board of adjustment or the council, as appropriate, shall make these general findings based upon substantial evidence contained in its proceedings. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.

(Code 1972, § 26-11.2; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

There are hereby established two classes of special uses which shall be approved or disapproved as shown:

(1)

Class A, approved or disapproved by council.

(2)

Class B, approved or disapproved by board of adjustment.

(Code 1972, § 26-11.3; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

Application submitted to planning director. Application for approval of special uses shall be filed with the planning director, who shall, before accepting any application, ensure that it contains required information, as specified in section 102-466. Applications which are not complete, or otherwise do not comply without the provisions of the article, shall not be accepted by the plan director, but shall be returned forthwith to the applicant, with a notation by the planning director of the deficiencies in the application.

(b)

Analysis and recommendation. The planning director shall cause an analysis to be made of the application and based upon the analysis, prepare a recommendation for consideration by the Newton Planning Commission (NPC).

(c)

Recommendation submitted to city planning commission. Within a minimum of 15 and a maximum of 45 days of the acceptance of the application for approval of a special use, the planning director shall submit the results of the analysis and recommendation required in subsection (b) of this section to the city planning commission.

(d)

City planning commission action. The NPC, within 30 days of the meeting at which the planning director's recommendation is submitted, shall prepare and submit to the council in the case of Class A applications, or the board of adjustment, in the case of Class B applications, a recommendation concerning the disposition application. Failure of the NPC to submit a recommendation within the required time shall be deemed a favorable recommendation, without conditions.

(e)

Public hearing required; notice specified.

(1)

Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by either the council or the board of adjustment, as appropriate for the class of application involved.

(2)

The director shall cause public notice to be given of the date, time, and place of the public hearing to be held to receive comments, testimony and exhibits pertaining to application for approval of a special use.

(3)

Such notice shall be provided as follows:

a.

Published notice. An advertisement shall be placed by the planning director, in a local newspaper of general circulation once a week for two successive calendar weeks. The first notice shall be published not less than ten calendar days nor more than 25 calendar days before the date fixed for public hearing; and

b.

Mailed notice. The planning director shall notify by first class mail the owner(s) of the subject site, the owner(s) of property adjoining the subject site, and the owner(s) of properties within 100 feet of the adjoining properties, as indicated by the latest county tax listing of property ownership, subject to the application. This notice shall be placed in the mail at least ten calendar days but not more than 25 calendar days prior to the date of the public hearing. The planning director shall certify to the board or commission conducting the public hearing the date the notices were mailed; and

c.

Posted notice. A sign noticing the public hearing shall be prominently posted by the planning director, on the property subject to the application at least ten calendar days but not more than 25 calendar days prior to the public hearing at which the application will be reviewed. The sign shall be posted on the property at a point visible from the nearest public street. In the case of multiple parcels, sufficient signage shall be posted to provide reasonable notice to interested parties.

(f)

Action on application. After completion of the public hearing, the council or the board of adjustment, as appropriate, shall take action upon the application based upon competent, substantial, and material evidence presented at the public hearing. This action shall be one of the following:

(1)

Approval.

(2)

Approval with conditions attached.

(3)

Denial.

In every case, the action of the council or the board of adjustment shall include a finding of facts supporting the action taken by it on the application.

(g)

Action subsequent to decision. The planning director shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the director. The planning director, in the case of approval or approval with conditions, shall issue the necessary permit in accordance with the action.

(h)

Expiration. Special use permits are valid for six months from the date of approval and shall automatically expire at that time unless significant progress has been made. A request for extension may be made to the board that granted the permit prior to the expiration.

(Code 1972, § 26-11.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2008.1, § 3, 1-8-2008)

The council or the board of adjustment, as appropriate, after receiving the written consent of the applicant and/or landowner to the conditions required by the appropriate body, may impose such reasonable conditions upon approval of a special use as will afford protection of the public health, safety and general welfare, ensure that substantial justice is done and equitable treatment provided. Such conditions shall run with the land and shall be binding on the original applicant(s) as well as successors, assigns and heirs.

(Code 1972, § 26-11.5; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2021-58, 6-15-2021)

The application for approval of a special use shall be submitted on forms provided by the planning director. Such forms shall be prepared so that, when completed, a full and accurate description of the proposed use, including its location, appearance, and operational characteristics shall be disclosed. Additionally, the forms shall, when completed by the applicant, disclose the name(s) and address(es) of the owner(s) of the property involved, the name(s) and address(es) of the applicant, if different from the owner(s), and all relevant information needed to show compliance with the general and specific standards governing the special use which is the subject of the application.

(Code 1972, § 26-11.6; Ord. No. 91.53, 10-16-1991)

(a)

The planning director is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action of the approving body, but shall not have the power to approve changes that constitute a modification of the approval. A modification shall require approval of the board having jurisdiction and shall be handled as a new application.

(b)

The planning director shall use the following criteria in determining whether a proposed action is a minor change or a modification:

(1)

Any change in location or any increase in the size or number of signs shall constitute a modification.

(2)

Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units or an increase in outside land area devoted to sales, displays, or demonstrations.

(3)

Any change in parking areas resulting in significant increase or reduction in the number of spaces approved by either the council or the board of adjustment shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by this chapter.

(4)

Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building, as shown on the approval plan, shall be considered a modification.

(5)

Substantial change in the amount or location of open space, recreation facilities or landscape screens shall constitute a modification.

(6)

A change in use shall constitute a modification.

(7)

Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification.

(c)

The planning director shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for the approval of the special use. The planning director shall, if he determines that the proposed action is a modification, require the applicant to file a request for approval of the modification, which shall be submitted to the body which approved the original application. The approving body may approve or disapprove the application for approval of a modification and, prior to its action, may hold a public hearing thereon.

(Code 1972, § 26-11.7; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

In addition to the general standards contained in section 102-462, the following specific standards for individual special uses shall be used in deciding upon applications for special uses:

(1)

Amateur radio antenna. The following specific standards shall be used in deciding applications for such uses:

a.

The occupant shall possess a valid FCC license to operate radio transmitting and receiving equipment associated with the antenna.

b.

The antenna shall not be located in any required front and side yards and, if located in the required rear yard, shall not be located closer than 20 feet from any rear lot line.

c.

The antenna shall be so located, constructed and maintained as to avoid menacing adjacent property by collapse, overturning or by falling ice.

(2)

Bed and breakfast operation. The following specific standards shall be used in deciding an application for these uses:

a.

All required off-street parking shall be located outside of required yards. In addition to parking for the operator, one additional parking space per bedroom shall be provided.

b.

The operators shall be full-time residents of the premises.

c.

Signs shall be limited to one nonilluminated sign of not more than six square feet.

d.

The serving of meals to transients shall be limited to breakfast only.

e.

A permit must be issued to the operator for occupancy as a bed and breakfast inn by the county health department.

(3)

Boarding and rooming houses. The following standards shall be used in deciding an application for approval of these uses:

a.

No more than six transients shall be accommodated at one time.

b.

The operator shall be a permanent resident of the premises.

c.

All parking shall be placed outside of required yards and contained entirely on-site.

(4)

Bus shelters. The following standards shall be used in deciding an application for approval of these uses:

a.

The use will serve patrons of a publicly owned or franchised bus service operating within the city planning area.

b.

The use shall either be located upon publicly owned land or, if located on private property, shall occupy no more than ten percent of required yards.

c.

The provisions of section 102-237 shall be observed.

(5)

Child and adult care center. The following specific standards shall be used in deciding an application for approval of these uses:

a.

A fenced outdoor playing area for children shall be provided in the rear yard and may be provided within side yards.

b.

Uses designed to accommodate more than 30 children shall have a minimum lot size of 30,000 square feet.

(6)

Congregate living facilities. The following specific standards shall be used in deciding an application for approval of these uses:

a.

No such use shall be established within 1,200 feet of another such use or a professional residential facility.

b.

The requirements and standards of the state department of human resources have been and shall continue to be met.

c.

No external evidence of such use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent property, public or private.

d.

Each facility shall be designed and built to appear as similar to a residential structure as possible.

(7)

Home occupation. The following standards shall be used in deciding applications for approval of such uses:

a.

A maximum of 25 percent of the usable floor area of the dwelling unit shall be devoted to the home occupation.

b.

A maximum of one nonresident of the premises shall be employed in the occupation.

c.

The occupation shall be conducted only in the principal structure.

d.

The provisions of section 102-297(1) shall be met.

(8)

Junkyards. The following specific standards shall be used in deciding an application for approval of such uses:

a.

The site shall have direct access to an arterial or collector street as shown on the thoroughfare plan and the collector street plan.

b.

The site shall be screened from adjacent public and private property by an eight-foot-high solid fence or equal, uninterrupted except for required vehicle access points.

c.

No materials shall be stored closer than 30 feet from the zoning lot lines.

(9)

Kennel. The following specific standards shall be used in deciding an application for approval of this use:

a.

All activities, with the exception of animal exercise areas, shall be conducted within an enclosed building.

b.

Exercise areas shall observe a 100-foot setback from all lot lines.

c.

The disposal methods for wastes generated shall be reviewed and approved by the appropriate department of health.

d.

No noise levels above surrounding ambient levels shall be detectable at the zoning lot boundaries of the lot containing the kennel.

e.

No odors greater than ambient odors shall be detectable at the zoning lot boundaries of the lot containing the kennel.

(10)

Landfills. The following specific standards shall be used in deciding an application for approval of these uses:

a.

The site shall have direct access to an arterial or collector street as shown on the thoroughfare plan, and the collector street plan, or a road designed for commercial vehicles which connects directly to such street. No access shall be through local residential streets.

b.

The site shall be fenced by a solid six-foot-high fence or masonry wall.

c.

The landfill shall not be located:

1.

Within 100 feet of any right-of-way line of a publicly owned road, street, or highway.

2.

Within 100 feet of the boundary line of a publicly owned drainage or utility easement.

3.

Within 500 feet of any interior lot line.

4.

Within 1,000 feet of a school, measured along the shortest distance between the perimeter of the landfill and the boundary of the property upon which the school is situated.

d.

The developer shall provide the following information, in addition to the general information required in section 102-465:

1.

The haul routes and points of access to the property.

2.

The proposed date that the land alteration will commence and the projected date of completion.

3.

Evidence that all requirements of the state and the United States have been and shall continue to be met.

4.

An explanation of the volume of waste to be received, expressed in cubic yards per day or tons per day.

5.

An explanation of the type of landfill requested and type of wastes to be received.

6.

A statement specifying the hours of operation.

(11)

Nursing, convalescent and extended care facilities. The following specific standards shall be used in deciding applications for approval of such uses:

a.

All nursing, convalescent and extended care facilities shall have direct access to a collector or arterial street, as shown on the thoroughfare plan and the collector street plan.

b.

Minimum lot size shall be 30,000 square feet with a minimum frontage of 150 feet.

c.

Front, rear and side setbacks shall be a minimum of 50 feet.

d.

Buffers and screening shall be as required by section 102-290.

e.

Signs shall be limited to one sign with a maximum area of six square feet. Said sign shall be attached either flush to the wall of the building or else shall be located at ground level with a maximum height of four feet from the ground. No other external evidence of the use for identification or advertising purposes shall be permitted.

f.

Evidence that all the requirements of the state have been and shall continue to be met.

(12)

Pet cemetery. The following specific standards shall be used in deciding an application for approval of this use:

a.

All applicable state regulations governing animal cemeteries have been met.

b.

A minimum lot size of 43,560 square feet is provided.

c.

No interment shall take place within 30 feet of any lot line.

d.

All structures shall be set back a minimum of 25 feet from any boundary line.

(13)

Professional residential facility. The following specific standards shall be used in deciding an application for approval of such uses:

a.

No such use shall be established within 1,200 feet of another such use or a congregate living facility.

b.

No sign identifying the facility shall be permitted beyond the name of the facility on the mailbox.

c.

Evidence that the requirements and standards of the state department of human resources and corrections have been and shall continue to be met.

d.

Whenever possible, such facilities shall be designed and constructed as to have the same height and bulk as adjacent structures.

(14)

Radio and television transmitting and receiving facility. The following specific standards shall be used in deciding applications for approval of such uses:

a.

The proposed structure would not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.

b.

The proposed structure is consistent with any adopted or projected development plan for the area.

c.

The proposed structure will not cause a hazard to adjacent property due to collapse or other menaces.

(15)

Bingo operation as a principal use. The following specific standards shall be used in deciding an application of such uses:

a.

Applicant shall be a licensed exempt organization as defined by G.S. 14-309.6.

b.

Applicant shall maintain on file with the police department an up-to-date copy of its application and license to operate bingo.

c.

Beach bingo games, as defined by the North Carolina General Statutes, shall not be conducted upon the premises.

d.

The number of sessions to be conducted by the applicant shall be that as permitted by the North Carolina General Statutes.

e.

The maximum prize for any one bingo game and the maximum aggregate amount of prizes shall be that as permitted by the North Carolina General Statutes.

f.

An annual audit of the bingo account established by the North Carolina General Statutes shall be filed with the police department at the time directed by the state department of revenue.

(16)

Places of assembly as a principal use. Reserved.

(17)

Industrial and commercial parking in residential and office and institutional districts. The following specific standards shall be used in deciding an application for approval of these uses:

a.

The residential or office institutional zoning lot shall abut directly the industrial or commercial use for which it is to serve as a parking use. For the purposes of clarification, an intervening street shall constitute a condition of abutting the zoning lot.

b.

Parking on the residential or office and institutional zoning lot shall be used only for the parking of automobiles and pickup trucks and limited to customers and employees of the business or industry using the commercial or industrial property which joins the residential or office and institutional zoning lot.

c.

Buffers and screening, as required by section 102-290, shall be provided.

d.

If lighting is provided, it shall not be offensive to neighboring properties or dwellings and shall be provided in such a way that it will not be dispersed onto adjoining residential areas.

e.

The parking area shall be either paved or graveled with parking spaces marked as required by this chapter.

f.

Sight distance protection at all intersections shall be preserved.

g.

No parking lot permitted hereunder shall extend further than one block or 500 feet, whichever is the shorter, from the commercial or industrial zone to which the same abuts or joins.

h.

A drainage plan shall be submitted to and approved by the city engineer prior to commencement of the approved parking usage.

i.

The special use permit shall expire automatically with the discontinuance of the industrial or commercial use for which the special use permit was originally granted.

(18)

Telecommunications towers. The purpose of this subsection is to establish general guidelines for the siting of towers and antennas. The goals of this subsection are to: (a) encourage the location of towers in nonresidential/nonhistorical areas and minimize the total number of towers throughout the community, (b) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently, (c) encourage strongly the joint use of new and existing tower sites, (d) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, and (e) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. Communication companies are encouraged to locate telecommunication antennae on or in structures other than a tower. Such structures may include church steeples, transmission line towers, utility/light poles, water towers, etc. Where such facilities are not available, co-location of facilities is encouraged. When a new tower is proposed to be sited, a determination of whether the location will provide a minimal level of coverage vs. optimal coverage shall be taken into consideration. The following standards shall be used in the approval of the siting of new towers:

a.

Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower where a minimal level of coverage can be provided. Such evidence shall consist of:

1.

Copies of letters sent to owners of all existing towers within a one-mile radius of the proposed site, requesting the following information:

i.

Tower height;

ii.

Existing and planned tower uses;

iii.

Whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and

iv.

If the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna's transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing tower.

2.

A copy of all responses within 30 days from the mailing date of the letter required by subsection a.1.

3.

A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower.

4.

A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.

5.

Provision of sound engineering evidence demonstrating that location in the proposed district is necessary in the interest of public safety or is a practical necessity.

b.

Evidence that the communications tower is structurally designed to support at least one additional user, and the special use application includes a statement that the owner of the tower is willing to permit other user(s) to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate reasonable compensation to the owner from any liability which may result from such attachment. The site plan shall indicate a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.

c.

Buffering and screening of the site shall be installed in accordance with sections 102-290 and 102-292. In order to provide spatial separation and create visual block from adjacent properties and streets, a buffer and screening shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment, and security fencing. Ground buildings located in a residential district may be located outside the buffered area if they are constructed so the exterior appearance of the building has the appearance of a residential dwelling, including pitched roof and frame or brick veneer construction. The applicant shall submit sealed elevations of such buildings to assist in the evaluations of compliance with the appearance criteria. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

d.

The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height, unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

e.

No outside storage shall be allowed on any telecommunication facility site.

f.

Associated buildings located in any residential district shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

g.

The telecommunications tower shall meet all applicable Federal Aviation Administration (FAA) standards and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto surrounding residential property.

h.

The minimum lot size requirement shall be in accordance with Table 4-2, Schedule of Area, Height, Bulk, and Placement Regulations, based upon the zoning district where the tower is proposed to be located or the setback requirements of subsection l., whichever is greater.

i.

The color of the tower shall be neutral, except to the extent required by federal law, so as to minimize its visual impact.

j.

In order to protect the public for unnecessary exposure to electromagnetic radiation, the tower shall provide documentation, such as a signed affidavit from a professional engineer, indicating that the power density levels do not exceed levels certified by the FCC.

k.

No commercial advertising shall be allowed on the facility's site.

l.

Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in tower height. This setback may be reduced by the board of adjustment upon a finding that failure to grant a setback reduction would have the effect of prohibiting the provision of personal wireless services, that the reduction serves the general intent and purpose of this section and the adopted comprehensive land development plan, and that the reduction will not substantially interfere with or injure the rights of others whose property would be affected by the reduced setback. In no case shall the setback be reduced to less than 50 percent of the tower height. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may have a ten percent reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a 20 percent reduction in the required setbacks. To encourage location of towers in existing forested areas with a minimum depth of 65 feet, the tower may have a 20 percent reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Such setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the tower to crumble inward so that, in the event of collapse, no damage to structures on adjacent zoning lots will result.

m.

Notice shall be provided to the planning director when the tower is placed out of service. Towers which are not used for a period of six months or more shall be removed by the owner within 120 days of receipt of notification to that effect.

(19)

Sexually oriented business as a principal use. The following standards shall be used in deciding an application for approval of these uses:

a.

The sexually oriented business shall be conducted entirely within an enclosed building so that viewing, display, or sound from inside the building cannot be experienced outside the walls of the building.

b.

There shall not be more than one sexually oriented business establishment on the same property or in the same building, structure, or portion thereof.

c.

Except for an adult motel, no use permitted as a sexually oriented business as defined by chapter 22, article VI, may have sleeping quarters.

d.

No more than one sexually oriented business can be located within a 1,000 foot radius, determined by a straight line and not street distance, from any part of a structure occupied by a sexually oriented business to any part of a structure occupied by another sexually oriented business within or without the city's zoning jurisdiction.

e.

No part of a structure within which a sexually oriented business is conducted shall be located within a 200-foot radius (determined by a straight line and not street distance) of the closest boundary line of any (R) or (PD-H) residential district, or any church, public or private school, child care center, public park or playground within or without the city's zoning jurisdiction.

f.

No sexually oriented business shall be issued a certificate of occupancy until all city licensing requirements set forth in chapter 22, article VI have been met. Further, the establishment shall comply with all requirements of G.S. 14-202.11.

g.

The maximum gross floor area (GFA) of a principal building or structure which is occupied by a sexually oriented business shall be 5,000 square feet.

h.

A sexually oriented business shall be permitted one wall mounted sign not to exceed 50 square feet. Further, such signs shall not contain materials, words, objects, images or displays that suggest or relate to specified anatomical areas and/or specified sexual activities as defined by G.S. 14-190.13. No freestanding or portable signs shall be permitted. No other advertising, displays or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways, or vehicular areas.

i.

Sexually oriented businesses shall comply with all off-street parking, buffer and screening regulations of this Code.

(20)

Antique shops as an accessory use. The following specific standards shall be used in deciding an application of such uses:

a.

The use shall occupy an accessory structure on the same lot or tract as the principal residential structure.

b.

The structure shall be placed on a minimum lot size of two acres.

c.

The maximum floor area ratio should not exceed 0.05; the total floor area shall not exceed 13,068 square feet.

d.

The proposed site shall front on an arterial street as defined by the collector street plan.

e.

The buffers and screening shall be the same as the Group 2 as defined in section 102-290.

f.

The signage is limited to 16 square feet nonilluminated.

g.

At the time of application a list of items to be sold shall be submitted in conjunction with the special use application.

h.

The application for the special use permit shall include an approved driveway permit from NCDOT.

i.

Whenever possible, the applicant shall reuse existing structures or construct new structures that compliment the surrounding neighborhood.

j.

All new structures and parking areas shall meet required minimum setbacks.

(21)

Fairgrounds. The following specific standards shall be used in deciding an application of such uses:

a.

The facility shall have a minimum lot size of 50 acres.

b.

Such facilities shall have direct access to a main arterial as indicated in the collector street plan.

c.

That any event to be held at the facility shall not exceed 14 consecutive days or more than 52 cumulative days per calendar year.

d.

That such facilities shall be connected to public water and sewer systems.

e.

That such facilities shall have adequate parking and consideration shall be given to traffic generated to and from the site so as not to create an unsafe or inefficient parking vehicular or pedestrian circulation pattern.

(22)

Funeral parlors. The following standards shall be used in deciding applications for the approval of such uses:

a.

The site shall have direct access to an arterial street as shown on the thoroughfare plan, and the collector street plan.

b.

All applicable state regulations governing funeral establishments have been met.

c.

Signage is subject to article VII of this chapter as it pertains to churches and civic organizations.

(23)

Sports and entertainment facility. The following standards shall be used in deciding applications for such uses:

a.

Said facility must be located on a minimum ten-acre site.

b.

Said facility shall be served with municipal water and sewer.

c.

Access to said facility shall be either directly to an arterial street as shown on the collector street plan or a publicly maintained street designed for commercial vehicles which connects directly to said arterial street. No access shall be through local residential streets.

d.

Buffers and screening for said facility shall be the same as Group 3.

e.

Parking for said facility shall be determined in accordance with section 102-427.

(Code 1972, § 26-11.9; Ord. No. 91.53, 10-16-1991; Ord. No. 92.48, § 2, 8-4-1992; Ord. No. 92.54, § 2, 10-21-1992; Ord. No. 95.53, § 2, 9-20-1995; Ord. No. 97.4, § 5, 1-22-1997; Ord. No. 98.18, § 6, 3-24-1998; Ord. No. 2000.9, § 1, 4-4-2000; Ord. No. 2001.36, § 3, 9-19-2001; Ord. No. 2003.35, § 3, 8-20-2003; Ord. No. 2004.30, § 3, 6-23-2004)