Ranlo City Zoning Code
ZONES ESTABLISHED
REGULATIONS TOWN DIVIDED INTO ENUMERATED ZONES
§ 154.025 TOWN DIVIDED INTO ENUMERATED ZONES.
In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot area; to regulate and determine the areas of open spaces surrounding buildings and to classify, regulate, and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses, the town is hereby divided into the following zones.
R-15, CU-R-15 | Single-Family Residential |
R-12, CU-R-12 | Single-Family Residential |
R-10, CU-R-10 | Single-Family Residential |
R-8, CU-R-8 | Multi-Family Residential |
R-6, CU-R-6 | Multi-Family Residential |
MO & I | Medical Office and Institutional |
O & I-1 | Office and Institutional |
O & I-2 | Office and Institutional |
A-l | Advertising Sign District |
BC-1 | Shopping Center |
B-l | Neighborhood Business |
B-2 | Highway Business |
B-3 | Central Business |
B-3P | Central Business District Perimeter |
B-4 | General Business |
I-1 | Light Industrial |
I-2 | General Industrial |
I-2L | General Industrial Limited |
E-I | Exclusive Industrial |
EX-I | Extractive Industrial |
RMF | Multi-Family District |
RMF-H | High Density Multi-Family District |
(Prior Code, § 9-4021) (Ord. passed 4-27-1970; Ord. passed - -)
§ 154.026 ZONING MAP; ZONE BOUNDARIES ADOPTED; RULES WHERE UNCERTAINTY EXISTS AS TO BOUNDARY.
(A) The boundaries of the zones are shown upon the map accompanying this chapter and made a part hereof by reference, entitled “Zoning Map, Town of Ranlo, North Carolina, dated ”. The zoning map, including all notations, references, amendments thereto, and other information shown thereon, is hereby made a part of this chapter the same as if the information set forth on the map were all fully described and set out herein. The zoning map, properly attested, is on file in the office of the Inspections Superintendent and is available for inspection by the public.
(B) In the creation by this chapter of the respective zones, the Board has given due and careful consideration to the peculiar suitability of each and every zone for the particular regulations applied thereto, and the necessary, proper, and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well-considered plan for the development of the town.
(C) The provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings, and other matters as hereinafter set forth are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon the map.
(D) Where uncertainty exists as to boundaries of any zone shown on the map, the following rules shall apply.
(1) Where the zone boundaries are indicated as approximately following street lines, alley lines, and lot lines, the lines shall be construed to be the zone boundaries.
(2) In unsubdivided property or where zone boundary divides a lot, the location of the boundary, unless the boundary is indicated by dimensions, shall be determined by use of the scale appearing on the map.
(3) In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of the map as to location of the boundaries.
(4) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of the street or alley added thereto by virtue of the vacation or abandonment.
(Prior Code, § 9-4022) (Ord. passed 4-27-1970)
§ 154.027 R-15, R-12, R-10 ZONES, SINGLE-FAMILY RESIDENTIAL.
Within the R-15, R-12, and R-10 Zones, as shown on the zoning map of the town, incorporated by reference in § 154.026, the following regulations shall apply.
(A) Permitted uses.
(1) Level 1 solar energy systems (see definitions for requirements);
(2) Single-family dwellings (exceptions: no single-wide or double-wide trailers);
(3) Churches and other places of worship;
(4) Schools and colleges, kindergartens, and day nurseries;
(5) Public libraries, public museums, and art galleries;
(6) Philanthropic and eleemosynary institutions;
(7) Public or private golf courses, noncommercial swimming or tennis clubs, and country clubs subject to the following requirements: buildings, tennis courts, and swimming pools shall be located at least 20 feet from any exterior lot line, on a site containing three acres or more;
(8) Municipal, county, state, and federal uses not involving the outdoor storage of equipment or materials;
(9) Public or private utilities buildings and appurtenances, not to include the outdoor storage of equipment or materials;
(10) Farming and nurseries, provided that such uses involving livestock as defined in § 90.03 may only be conducted on parcels of land consisting of three or more acres. For the purpose of this subsection FARMING shall mean the following:
(a) The cultivation of soil for production and harvesting of crops, including, but not limited to, fruits, vegetables, sod, flowers and ornamental plants;
(b) The planting and production of trees and timber;
(c) Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing;
(d) The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation;
(e) When performed on the farm, FARMING also includes the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm; and
(f) AGRITOURISM shall include any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions.
(11) Customary accessory buildings, including a private garage, guests’ quarters and servants’ quarters on residential lot;
(12) Church or public building bulletin boards, not exceeding 12 square feet in area;
(13) Real estate signs not more than four square feet in area;
(14) Cemeteries;
(15) A temporary use, including a building or trailer, in conjunction with any authorized construction; provided no living quarters are provided in such building or trailer; the construction shall commence prior to or simultaneously with the temporary use; and a permit for the use must be secured from the Inspections Superintendent who may not issue a permit for a longer period than six months at any one location without an order from the Planning and Zoning Commission; and
(16) Classroom trailers designed to be utilized by a public school provided a permit for the use is secured from the Building Inspector who may not issue the permit for a longer period than 12 months at one location without an order from the Planning and Zoning Commission.
(B) Conditional uses. The following uses may be permitted subject to the Board of Commissioners of Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Lot area and width, yards, and building height requirements. The requirements set forth in the “Table of Dimensional Requirements for Residential Zones” shall govern.
(F) Site plan.
(1) As an initial step in applying for the issuance of a building permit for the construction, alteration or expansion of any structure housing a municipal, county, state, federal, or other governmental use, a site plan shall be submitted which shall include the following: grading, engineering design, construction size, height, shape and location of the building, location and design of parking areas, pedestrian and vehicular circulation on site, and plans for collecting and depositing storm water and natural or artificial watercourses.
(2) The site plan must be approved by the Public Works Director and by the Inspections Superintendent before a building permit is issued; however, if the site plan is disapproved, the applicant may appeal the decision to the Planning and Zoning Commission and then to the Board. The structure housing the municipal, county, state, or federal use must be constructed, altered, or expanded in accordance with the site plan before a certificate of occupancy is issued by the Inspections Superintendent.
(Prior Code, § 9-4023) (Ord. passed 4-27-1970; Ord. passed - -; Ord. passed 5-14-2009; Ord. passed 6-12-2014; Ord. passed 7-10-2014)
§ 154.028 RMF MULTI-FAMILY DISTRICT.
Within the RMF Zone, as shown on the zoning map of the town, incorporated by reference in § 154.026, the following regulations shall apply.
(A) Permitted uses.
(1) Multi-family dwellings and customary accessory structures and uses; and
(2) Level 1 solar energy systems (see definitions for requirements).
(C) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 154.048.
(E) Advisory opinion. Prior to submitting an application for rezoning, the applicant may submit a simple sketch plan of the proposed development to the Planning and Zoning Commission in order to obtain an advisory opinion from the Board as to the feasibility of the proposed rezoning prior to the preparation and submission by the required preliminary plan and preliminary construction plan.
(F) Preliminary site plan. An application for rezoning to a RMF Multi-Family District shall be accompanied by a preliminary site plan prepared on a 28-inch by 42-inch sheet of reproducible material using the largest scale possible and shall contain:
(1) Land area to be included in the rezoning request;
(2) Proposed locations of each existing and each proposed structure and their general exterior dimensions;
(3) Proposed uses of all land within the area requested for rezoning;
(4) Dimensions between all structures and from structures to property lines;
(5) Traffic parking and circulation plan showing proposed locations and arrangements of parking spaces and ingress and egress to and from adjacent streets;
(6) Proposed location and material of any screening walls, fences, or plantings;
(7) Proposed exterior design of buildings;
(8) Schedule for number and size of apartments within the projects;
(9) Proposed time schedule and staging, if any, for construction of the project;
(10) A title giving the address of the development, names and addresses of the developers, the date, scale of the plan, and the person or firm preparing the plan;
(11) Provisions for adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, loading space, facilities for waste disposal, and illumination;
(12) Means for providing adequate and safe locations of play areas for children and other recreational areas according to the concentration of occupancy;
(13) Location and type of fences, walls, or year-round screen planting, when deemed necessary by the Planning and Zoning Commission to shield adjacent residential zones from parking lot illumination, headlights, and noise and to reduce the visual encroachment of multi-family architecture and the activity on privacy and single-family residential neighborhood character; and
(14) Other information as may be considered essential by the Planning and Zoning Commission for the protection of public health, safety, welfare, and convenience.
(G) Preliminary construction plan. A preliminary construction plan shall be prepared and shall include a perspective drawing of the multi-family dwelling units presenting the general appearances of the buildings and grounds from the major access street, which need not be prepared by an engineer, architect, or commercial artist.
(H) Recommendations by the Planning and Zoning Commission. Any recommendations and suggestions concerning the preliminary plans for the proposed multi-family residential complex made by the Planning and Zoning Commission shall be based upon a finding that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the points of ingress and egress to such development, and that the plans maintain the purposes of this section and the functions of a multi-family residential complex. The purpose of a preliminary site plan and preliminary construction plan is to enable the Planning and Zoning Commission to review them so as to recommend and approve them prior to presentation of its written recommendation and report to the Board.
(I) Board approval. The Board may refuse to approve a site plan or construction plan on the grounds that either it fails to provide unity of development with other property in the area, or that it fails to adequately protect residentially zoned properties in the same area from the adverse effects of the operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plans fail to conform with the requirements of this section.
(J) Final plans.
(1) A final construction plan shall be prepared and shall include the following:
(a) A detailed perspective drawing of the multi-family residential complex showing the appearance of the buildings and grounds from the major access street; and
(b) Detailed final construction plans for the purposes of building inspection to include elevations of all buildings from all sides at a scale not less than one-eighth inch to one foot.
(2) The final site plan shall be prepared on a 28-inch by 42-inch sheet of reproducible permanent base material using the largest scale possible and shall include all data required for a preliminary site plan as well as any other information required by the Planning and Zoning Commission.
(3) The final site plan and final construction plan for the proposed development for changes within the development shall be submitted by the developer to the Planning and Zoning Commission and to the Inspections Superintendent for their recommendations and report thereon.
(4) An affirmative recommendation of the final plans for the proposed multi-family residential complex by the Planning and Zoning Commission and by the Inspections Superintendent shall be upon the finding that the final plans for the development are substantially in agreement with the preliminary site plans and preliminary construction plans as approved by the Board and that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development and that the plans maintain the purposes of this subchapter and the functions of the multi-family residential complex.
(5) After approval of the final plans by the Planning and Zoning Commission and by the Inspections Superintendent and after a copy of the approved plans is filed with the Inspections Superintendent, the latter, if other pertinent town ordinances have been complied with, shall issue a building permit for the construction, alteration, or expansion of any building within an RMF Multi-Family Residential District upon application by the developer.
(6) (a) No building shall be occupied within a RMF Multi-Family District until the certificate of occupancy shall have been issued by the Inspections Superintendent and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of the building complies with this chapter.
(b) Provided, however, that the Inspections Superintendent may issue a certificate of occupancy for the completed structures or buildings even though some other structures in the approved plans at the time are under construction.
(c) Provided further, that a certificate of occupancy shall not be issued for any completed structure until all drives, walks, parking spaces, screens and truck loading and unloading facilities serving the structure shall have been provided and substantially improved as shown on the approved final plans.
(K) Development requirement.
(1) In order to develop realty within the RMF Multi-Family District, the following will be required.
(a) A portion of the land must front on a major thoroughfare or major collector street as defined by the Planning and Zoning Commission.
(b) The minimum land area requirement shall be 15,000 square feet for the first dwelling unit and 3,500 square feet for each additional dwelling unit therein.
(c) The minimum setback from street, and minimum side and rear yard shall be 45 feet.
(d) The minimum unobstructed open space shall be 70% of total lot area, a portion of which shall be developed for parks, playgrounds, and other recreational purposes.
(e) Gross ground floor area of principal structures shall not exceed 18% of total land area.
(f) The height of any portion of any structure shall not be greater than one-half of the horizontal distance from the structure to the nearest lot line or to any other structure within the complex.
(g) Every building shall be separated on every side from any other building within the complex by a distance of at least 25 feet.
(h) No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or unparking of vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.
(L) Effective approved site plan. All approved site plans for RMF Multi-Family Districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificates of occupancy and shall restrict and limit the construction, location, use, and operation of all land and structures included within the plans, provided, however, that upon a showing of necessity therefor, minor changes in the location and size of structures may be permitted if minor changes will not cause any of the following circumstances to occur:
(1) A change in the character of the development;
(2) A change of design for, or an increase of the hazards to, pedestrian and vehicular circulation;
(3) Deleterious external effects on adjacent property; and
(4) A reduction in the originally approved setbacks from property lines.
(M) Amendment or revision of site plan. Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
(N) Copies. Upon approval of the plan for a multi-family residential complex by the Board, one copy of the plan shall be filed with the Town Clerk, one copy with the Inspections Superintendent, and one copy with the Planning and Zoning Commission.
(Prior Code, § 9-4024) (Ord. passed 4-27-1970; Ord. passed - -; Ord. passed 7-10-2014)
§ 154.029 RHF-H HIGH DENSITY MULTI-FAMILY DISTRICT.
Within the RMF-H Zone as shown upon the zoning map of the town, incorporated by reference in § 154.026 hereof, the following regulations shall apply.
(A) Permitted uses. High density multi-family dwellings and customary accessory structures and uses which must be located within the primary structure and level 1 solar energy systems (see definitions for requirements).
(B) Required lot area, lot width, and yards.
(1) Minimum lot size: none;
(2) Minimum lot area for first dwelling unit: 5,000 square feet;
(3) Minimum additional lot area for next eight units: 500 square feet;
(4) Minimum lot area per dwelling unit for nine units or more: 1,000 square feet;
(5) Minimum lot width: none;
(6) Minimum front yard: 20 feet;
(7) Minimum rear yard: 20 feet;
(8) Minimum side yard: eight feet; and
(9) Minimum combined width of both side yards: 20 feet.
(C) Required lot area, lot widths, and yards.
(1) All primary structures shall be at least 40 feet in height; and
(2) Each side yard shall be increased one foot for every two feet of building height in excess of 40 feet.
(Prior Code, § 9-4025) (Ord. passed 4-27-1970; Ord. passed 7-10-2015)
Cross-reference:
§ 154.030 R-8 AND R-6 ZONES, MULTI-FAMILY RESIDENTIAL.
Within the R-8 and R-6 Zones, as shown on the zoning map, incorporated by reference in § 154.026, the following regulations shall apply.
(A) Intent. To establish as a district in which the principal use of land is for single-family, two-family, and multi-family residences. The regulations of this district are intended to provide areas in the community for those persons desiring small residences and multi-family structures in relatively high-density neighborhoods. The regulations are intended to prohibit any use which, because of its character, would interfere with the residential nature of this district. It is expected that municipal water and sewerage facilities will be available for each lot in such districts.
(B) Permitted uses.
(1) Any use permitted in R-15, R-12, and R-10 Zones, except rest homes, cemeteries, single-wide mobile homes, fraternal organizations or lodges, the keeping of poultry and livestock, and backyard workshops and greenhouses;
(2) Two-family dwellings;
(3) Multi-family dwellings;
(5) Trailer camps; and
(6) Customary home occupations.
(C) Lot area and width, yards, and building height requirements. The requirements set forth in the “Table of Dimensional Requirements for Residential Zones” shall govern.
(Prior Code, § 9-4026) (Ord. passed 4-27-1970; Ord. passed - -)
§ 154.031 MO & I ZONES, MEDICAL OFFICE AND INSTITUTIONAL.
Within the MO & I Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in R-6 Residential Zones;
(2) Medical and dental offices and clinics;
(3) Clinical laboratories;
(4) Nurses’ dormitories;
(5) Drugstores;
(6) Hospitals for human care;
(7) Homes for the aged and infirm; and
(8) Nursing homes for chronic or convalescent patients.
(B) Required lot area, lot width, yards, and building height. For all permitted uses, the requirements of the R-6 Zones shall apply in this Zone.
(Prior Code, § 9-4027) (Ord. passed 4-27-1970)
§ 154.032 O & I-1 ZONES, OFFICE AND INSTITUTIONAL.
Within the O & I-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in residential zones;
(2) Medical clinics;
(3) Offices rendering professional services, such as legal, medical, dental, engineering, architectural, and similar services; and
(4) Agencies rendering specialized services, such as real estate, telephone-answering service, insurance, advertising, brokerage, stenographic, and similar services not involving retail trade with the general public nor maintenance of a stock of goods for sale.
(B) Required lot area, lot width, yards, and building height. For all permitted uses, the requirements of the R-6 Zones shall apply in this Zone.
(Prior Code, § 9-4028) (Ord. passed 4-27-1970)
§ 154.033 O & I-2 ZONES, OFFICE AND INSTITUTIONAL.
Within the O & I-2 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in O & I-1 Zones;
(2) Boarding and rooming houses;
(3) Homes for the aged and infirm;
(4) Cemeteries;
(5) Funeral homes;
(6) Greenhouses; and
(7) Nursing homes for chronic or convalescent patients.
(B) Required lot area, lot width, yards, and building height. For all permitted uses, the requirements of the R-6 Zones shall apply in this Zone.
(Prior Code, § 9-4029) (Ord. passed 4-27-1970)
§ 154.034 A-1 ZONES, ADVERTISING SIGN DISTRICT.
Within the A-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in a surrounding zone which is contiguous to the perimeter of the A-1 district for more than 50% of its perimeter length;
(2) Advertising signs; and
(3) Level 1 solar energy systems (see definitions for requirements).
(B) Required lot area, lot width, yards, and building height. For all permitted uses, the requirements of the predominant contiguous zone shall apply in this Zone.
(Prior Code, § 9-4030) (Ord. passed 4-27-1970; Ord. passed 7-10-2014)
§ 154.035 BC-1 ZONES, SHOPPING CENTER.
Within the BC-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in O and I-1 Zones, excepting residential zone uses;
(2) Banks and financial institutions;
(3) Barbershops or beauty shops;
(4) Dry cleaning establishments;
(5) Laundry pickup stations, launderettes, and laundromats;
(6) Florist shops;
(7) Drugstores;
(8) Grocery stores, delicatessens, and confectioneries;
(9) Bakeshops and dairy bars for retail sales on the premises only;
(10) Dry-goods stores, shoe stores, and apparel shops;
(11) Furniture and household appliance stores;
(12) Hardware stores;
(13) Photographer studios, camera shops, and music shops;
(14) Shoe repair shops;
(15) Tailor shops;
(16) Radio and television repair shops;
(17) Jewelry stores;
(18) Alcoholic beverage package stores;
(19) Auto service stations selling tires, tubes, gasoline, oil and other lubricants, motor and tire accessories, and similar products; permitting the storage of tires, tubes, accessories, and similar products; and permitting minor repair work limited to the following:
(a) Servicing of spark plugs, batteries, and distributors and distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(d) Radiator cleaning and flushing;
(e) Providing and repairing fuel pumps, oil pumps, and lines;
(f) Minor servicing and repair of carburetors;
(g) Emergency wiring repairs;
(h) Adjusting and repairing brakes;
(i) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; and
(j) Providing further that:
1. All of the aforesaid minor repair work, but excluding the normal servicing of automobiles, must take place within an enclosed structure on the premises;
2. Auto service stations shall be designed as an integral part of the shopping center; and
3. The Board may refuse to permit an auto service station to be erected in the proposed shopping center on the grounds that it fails to provide unity of development with other business uses in the same zone or that it fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the proposal fails to conform with the requirements of this chapter; but not on the grounds that architectural designs or building materials are esthetically unsatisfactory.
(20) Automobile parking lots;
(21) Bookstores and newsstands;
(22) Pet shops;
(23) Toy stores;
(24) Sporting goods stores;
(25) Antique shops;
(26) Restaurants (excluding those providing curb service);
(27) Variety stores;
(28) Movie theatres;
(29) Department stores; and
(30) Any use which may be construed to be a promotional activity sponsored by or for either of the following:
(a) Trade or professional associations;
(b) Civic, religious, charitable, or eleemosynary groups:
1. Provided that no gaming, gambling, or similar (related) activities are permitted to be conducted as part of or accessory to the temporary use;
2. Provided that no temporary permitted use shall be permitted for a period of time exceeding ten consecutive days;
3. Provided that no temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight;
4. Provided that no permit for a temporary permitted use shall be granted by the Inspections Superintendent until permission therefor has first been granted by the Board; and
5. Provided further that no temporary permitted use shall be located within 400 feet of a residential use.
(B) Required screening area, building coverage, and yards.
(1) A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along the rear or side lines, either or both. The screen shall be planted at an initial height of at least three feet and shall be of a variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease, can be used; and all plant materials must be nursery grown and conform to the guidelines as published by the American Association of Nurserymen in their 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent. The buffer strip shall be maintained in neat order and condition by the property owner and/or occupant of the premises. The plant material shall be periodically trimmed or pruned at a height of not less than six feet and diseased or dead plant material shall be removed and replaced.
(2) Not more than 30% of the zoned area shall be covered by buildings.
(3) No building shall be closer than 40 feet to any exterior lot line or closer than 100 feet to any street right-of-way in a BC-1 Shopping Center Zone.
(4) The tract of land upon which the proposed shopping center is to be erected must contain at least five acres.
(5) A BC-1 Shopping Center Zone shall abut an existing or a proposed major thoroughfare for a minimum distance of 400 feet and shall have a minimum average depth of 550 feet.
(C) Required lot area, lot widths, and yards. Not to exceed 40 feet.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 154.048.
(G) Data to be submitted with petition. The applicant for this classification shall present to the Planning and Zoning Commission the following items for consideration at the time, the petition for rezoning is filed:
(1) A valid market analysis indicating the economic feasibility of the proposed development by outlining:
(a) The trade area of the proposed shopping center;
(b) An estimate of the trade area population, present and future;
(c) An estimate of the effective buying power of the trade area, both existing and proposed;
(d) An estimate of the net potential customer buying power for stores in the proposed development; and
(e) An estimate of the amount of retail sales floor space in square feet currently lacking in the trade area.
(2) A statement indicating readiness to proceed with the proposed development by filing with the Inspections Superintendent an agreement signed by the owner or owners of the proposed development that actual construction shall begin within one year from the date final plans for the shopping center are approved and shall be prosecuted to completion within a reasonable period of time thereafter. In the event the Planning and Zoning Commission and the Board find that the intent of this division (G)(2) has not been met or construction has not commenced within the one-year period, proceedings may be instituted for rezoning the area to its original classification. It is not the intent of this section, however, to prohibit a reasonable extension of the one year limit by the Board; and
(3) The preliminary site plan and the preliminary construction plan of the proposed development.
(H) Preliminary plans.
(1) The preliminary site plan shall be prepared on a 30-inch by 42-inch sheet of reproducible material using the largest scale possible and shall contain:
(a) Dimensions of the property and adjacent lots and streets;
(b) Location and proposed use of all buildings with dimensions and approximate ground floor area thereof;
(c) Topography of existing ground and paved areas and elevation of street, alleys, utilities, sanitary and storm sewers, buildings, and structures;
(d) Plans for collecting and disposing of storm water and treatment of natural and artificial water courses;
(e) General indication of proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas, and ground floor elevations shown by contours or spot elevations;
(f) Parking areas with all spaces shown and dimensions thereof;
(g) Service area, truck loading facilities, service drives, and dimensions thereof;
(h) Pedestrian walks or walkways with dimensions thereof;
(i) Drives and access to parking spaces with dimensions thereof;
(j) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;
(k) Distances between the buildings and the property lines;
(l) Locations of plantings, walls, and screening;
(m) Name and address of the development, name and address of the developer, date and scale of the plan, and the name of the person or firm preparing the plan; and
(n) Vicinity map at a scale of one inch to 1,000 feet.
(2) The preliminary construction plan, the preliminary site plan, and a detailed perspective drawing of the shopping center representing the general appearance of the buildings and grounds from the major thoroughfare must be prepared by a person authorized by law.
(3) Recommendations and suggestions concerning the preliminary plans for the proposed shopping center by the Planning and Zoning Commission shall be upon the findings that the plans for the development are so that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development, and that the plans maintain the purposes of this chapter and the functions of a shopping center. Dedication of additional right-of-way for public street purposes may be required to resolve potential traffic hazards and congestion. The lack of minimum yard dimensions does not imply the lack of need for minimum dimensions. The absence of minimum yard dimensions is to provide for flexibility and imagination in design of the development. The purpose of a preliminary site plan, preliminary construction plan, and perspective drawing of the shopping center is to enable the Planning and Zoning Commission to review the shopping center in order that it may recommend and approve the plans prior to presentation of the written recommendation and report to the Board. In each case consideration shall be given to the location of the various facilities and buildings on the premises and minimum yard dimensions.
(4) The Board may refuse to approve a preliminary site plan or a preliminary construction plan on the grounds that either fails to provide unity of development with other business uses in the same zone, or that either fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that either proposal fails to provide safe conditions for pedestrians and motorists, or that either plan fails to conform with the requirements of this chapter.
(5) Preliminary plans for the entire shopping center shall be prepared; however, a section consisting of at least 33.3333% of the total proposed area contained in the shopping center or a section of the shopping center consisting of not less than five separate buildings, each housing a separate use, may be designated for immediate development and final plans prepared for that section only.
(I) Final plans.
(1) A final construction plan shall be prepared and shall include the following:
(a) Detailed perspective drawing of the shopping center showing the appearance of the buildings and grounds from the major access street; and
(b) Detailed final construction plans for purposes of building inspection to include elevations of every building from all sides at a scale of not less than one-eighth inch to one foot.
(2) The final site plan shall be prepared on a 30-inch by 42-inch sheet of reproducible permanent base material using the largest scale possible and shall include the following:
(a) Dimensions of the property and adjacent lots and streets;
(b) Location, ground floor area, and proposed use of buildings with all dimensions thereof;
(c) Parking area with all spaces shown and dimensions thereof;
(d) Service area, truck loading facilities, service drives, and dimensions thereof;
(e) Pedestrian walks or walkways with dimensions thereof;
(f) Drives and access to parking spaces with dimensions thereof;
(g) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;
(h) Distances between the buildings and the property lines;
(i) Location of plantings, walls, and screening; and
(j) Name and address of the development, names and addresses of the developer or developers, date, scale of plan, and person or firm preparing the plan.
(3) The final site plan shall show all the information required of the preliminary site plan but the information shown shall be specific, precise, and accurate to usual and recognized professional standards and not general in nature.
(4) A design of the storm sewerage system shall be submitted to the Public Works Director for his or her approval.
(5) The final site plan and final construction plan for the proposed development or changes within the development shall be submitted by the developer to the Planning and Zoning Commission for its approval. After the approval is granted, the Inspections Superintendent shall, if other pertinent town ordinances have been complied with, issue a building permit for the construction, alteration, or expansion of any building within a BC-1 Shopping Center Zone upon application by the developer, provided:
(a) Construction of at least five separate buildings housing at least five separate units or construction of at least 33.3333% of the total proposed area contained in the shopping center, whichever is greater, must be commenced initially; thereafter, the developer may construct one building at a time;
(b) No building shall be occupied within a BC-1 Shopping Center Zone until a certificate of occupancy shall have been issued by the Inspections Superintendent and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and their use complies with this chapter;
(c) The Inspections Superintendent may issue a certificate of occupancy for any completed structure or building even though some other structures shown in the approved final plans at the time are under construction; and
(d) A certificate of occupancy shall not be issued for the buildings constructed until all drives, walks, parking spaces, screening, and truck loading and unloading facilities shall have been provided and substantially improved as shown on the final plans as approved.
(6) Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
(Prior Code, § 9-4031) (Ord. passed 4-27-1970; Ord. passed - -)
§ 154.036 B-1 ZONES, NEIGHBORHOOD BUSINESS.
Within the B-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in the O & I-1 Zones;
(2) Business offices;
(3) Auto service stations;
(4) Eating and drinking establishments;
(5) Groceries;
(6) Banks;
(7) Barbershops and beauty parlors;
(8) Parking facilities;
(9) Florist shops;
(10) Hardware stores;
(11) Automatic laundries;
(12) Indoor recreation;
(13) Radio and television repair shops;
(14) Drugstores;
(15) Furniture and household appliance stores;
(16) Shoe shops;
(17) Tailor shops;
(18) Newsstands;
(19) Funeral homes;
(20) Alcoholic beverage package stores;
(21) Dry cleaning establishments;
(22) Any use which may be construed to be a promotional activity sponsored by or for either of the following:
(a) Trade or professional associations; or
(b) Civic, religious, charitable, or eleemosynary groups:
1. Provided that no gaming, gambling, or similar (related) activities are permitted to be conducted as a part of or accessory to the temporary use;
2. Provided that no temporary permitted use shall be permitted for a period of time exceeding ten consecutive days;
3. Provided that no temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight;
4. Provided that no permit for a temporary permitted use shall be granted by the Inspections Superintendent until permission therefor has first been granted by the Board; and
5. Provided further that no temporary permitted use shall be located within 400 feet of a residential use.
(23) Convenience store.
(B) Required lot area, lot widths, and yards. Buildings used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses shall have a minimum front yard of 30 feet, provided that where the lot abuts on the side or rear of a residential zone, such buildings shall have a minimum side yard of eight feet on the abutting side, and minimum rear yard of 20 feet on the abutting rear. For the purpose of this provision, where properties are separated by a street or alleyway, the properties are deemed abutting.
(C) Height. All buildings shall comply with the height requirements for residential zones.
(D) Off-street parking. Off-street parking space shall be provided by all uses as required by § 154.046.
(E) Off-street loading. Off-street loading space shall be provided by all uses as required by § 154.048.
(Prior Code, § 9-4032) (Ord. passed 4-27-1970; Ord. passed 1-1-2020)
§ 154.037 B-2 ZONES, HIGHWAY BUSINESS.
Within the B-2 Zones, as shown upon the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in the R-6 Zones;
(2) Auto service stations;
(3) Restaurants and other eating establishments;
(4) Drugstores;
(5) Barbershops and beauty shops;
(6) Places of indoor recreation and entertainment;
(7) Places of outdoor recreation and entertainment, not to include auto racetracks;
(8) Motels, hotels, tourist homes, and boardinghouses;
(9) Dry cleaning establishments;
(10) Grocery stores and other retail business or service establishments not otherwise referred to in this section that are consistent with the purposes of this section and specifically cater to the needs of the traveling public;
(11) Alcoholic beverage package stores; and
(12) Any use which may be construed to be a promotional activity sponsored by or for either of the following:
(a) Trade or professional associations; or
(b) Civic, religious, charitable, or eleemosynary groups:
1. Provided that no gaming, gambling, or similar (related) activities are permitted to be conducted as a part of or accessory to the temporary use;
2. Provided that no temporary permitted use shall be permitted for a period of time exceeding ten days;
3. Provided that no temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight;
4. Provided that no permit for a temporary permitted use shall be granted by the Inspections Superintendent until permission therefor has first been granted by the Board; and
5. Provided further that no temporary permitted use shall be located within 400 feet of a residential use.
(B) Required lot area, lot widths, and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or rear of a residential zone shall have a minimum side yard of eight feet on the abutting side, and a minimum rear yard of 20 feet on the abutting rear. For the purpose of this division (B), where properties are separated by a street or alleyway, such properties are deemed abutting.
(C) Required lot area, lot widths, and yards. All buildings shall comply with the height requirements for residential zones.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 154.048.
(Prior Code, § 9-4033) (Ord. passed 4-27-1970)
§ 154.038 B-3 ZONE, CENTRAL BUSINESS.
Within the B-3 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in B-1 Zones;
(2) Retail stores, offices, garages, greenhouses, and retail stores conducting incidental and secondary wholesale departments;
(3) Public utility storage or service yards;
(4) Newspaper offices or printing plants;
(5) Dry cleaning and pressing plants;
(6) Freezer lockers;
(7) Auto sales and service; and
(8) Auto parts and supplies (new).
(B) Required lot area, lot widths, and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of § 154.037(B).
(C) Required lot area, lot widths, and yards. No building or structure shall exceed 80 feet in height.
(D) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all uses as required by § 154.048.
(Prior Code, § 9-4034) (Ord. passed 4-27-1970)
§ 154.039 B-3P ZONES, HIGHWAY BUSINESS.
Within the B-3P Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in B-3 Zones;
(2) Hotels, motels, and assembly halls; and
(3) Advertising signs.
(B) Required lot area, lot widths, and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of § 154.037(B).
(C) Required lot area, lot widths, and yards. No building or structure shall exceed 80 feet in height.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 154.048.
(Prior Code, § 9-4035) (Ord. passed 4-27-1970)
§ 154.040 B-4 ZONES, GENERAL BUSINESS.
Within the B-4 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in the B-3 Zones;
(2) Wholesale and jobbing plants;
(3) Bottling plants;
(4) Cold storage plants;
(5) Storage warehouses and yards, except storage of salvage;
(6) Laundries;
(7) Trailer sales and services;
(8) Veterinary hospitals and commercial kennels; and
(9) Automobile laundries and automatic car washing establishments.
(B) Required lot area, lot widths, and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of § 154.036(B).
(C) Required lot area, lot widths, and yards. No building or structure shall exceed 65 feet in height.
(D) Off-street parking. Off-street parking space shall be provided for all uses as required by § 154.046.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all uses as required by § 154.048.
(Prior Code, § 9-4036) (Ord. passed 4-27-1970)
§ 154.041 I-1 ZONES, LIGHT INDUSTRIAL.
Within the I-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in the B-4 Zones;
(2) Fabrication of the following products, not to include the manufacture or processing of raw products or operations likely to be detrimental to the health, safety, or general welfare of the community through the creation of fumes, dust, smoke, noise, or vibration:
(a) Clothing and cloths;
(b) Bedding;
(c) Leather goods, not to include processing or storage of raw hides;
(d) Paper products, not to include the manufacturing of paper;
(e) Plastic containers and similar plastic products; and
(f) Metal products.
(3) Transportation terminals.
(B) Conditional uses. The following uses may be permitted subject to the Town Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Required lot-area, lot widths, and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of section 9-403(2).
(D) Off-street parking. Off-street parking space shall be provided for all uses as required by § 154.046.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all uses as required by § 154.048.
(Prior Code, § 9-4037) (Ord. passed 4-27-1970; Ord. passed 7-10-2014)
§ 154.042 I-2 ZONES, GENERAL INDUSTRIAL.
Within the I-2 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in I-1 Zones;
(2) Welding shops;
(3) Fairs, carnivals, and similar transient amusement enterprises;
(4) Trailer camps;
(5) Manufacturing, servicing, processing, assembling, and fabricating the following products;
(6) Wood and wood products, including furniture;
(7) Textiles;
(8) Metals and metal products;
(9) Household appliances;
(10) Clothing including hosiery;
(11) Glass;
(12) Electric and electronic products;
(13) Food and food products, not to include slaughterhouses and abattoirs;
(14) Bedding, pillows, and carpets;
(15) Animal feeds;
(16) Ice;
(17) Leather goods;
(18) Machine tools;
(19) Paints;
(20) Pottery, porcelain, and vitreous china;
(21) Soaps, detergents, and washing compounds;
(22) Rubber products;
(23) Paper products;
(24) Building materials;
(25) Chemicals; and
(26) Automobile accessories.
(B) Conditional uses. The following uses may be permitted subject to the Town Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Required lot area, lot widths, and yards. Buildings used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of § 154.036(B).
(D) Height. Buildings used wholly or in part for residential purposes may exceed 35 feet in height but for each five feet or fraction thereof of additional height above 35 feet, each yard shall be increased five feet over the minimum requirements.
(F) Off-street loading and unloading. Off-street loading and unloading space shall be provided as required by § 154.048.
(Prior Code, § 9-4038) (Ord. passed 4-27-1970; Ord. passed 7-10-2014)
§ 154.043 I-2L ZONES, GENERAL INDUSTRIAL LIMITED.
Within the I-2L Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Auto wrecking or junk yards;
(2) Gasoline, oil, or alcohol storage aboveground, provided a permit is obtained from the Bureau of Fire Prevention as required by Fire Prevention Code;
(3) Mixing plants for concrete or paving materials;
(4) Stone crushing, cutting, and polishing;
(5) Storage of materials and equipment outdoors;
(6) Hatcheries;
(7) Abattoirs and slaughterhouses; and
(8) Level 1 solar energy systems (see definitions for requirements).
(B) Conditional uses. The following uses may be permitted subject to the Ranlo Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Required lot area, lot widths, and yards. Buildings used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of § 154.036(B).
(D) Required lot area, lot widths, and yards. Buildings used wholly or in part for residential purposes may exceed 35 feet in height, but for each five feet or fraction thereof of additional height above 35 feet, each yard shall be increased five feet over the minimum requirements.
(F) Off-street loading and unloading. Off-street loading and unloading space shall be provided as required by § 154.048.
(Prior Code, § 9-4039) (Ord. passed 4-27-1970; Ord. passed 7-10-2014)
§ 154.044 EI-1 ZONES, EXCLUSIVE INDUSTRIAL.
Within the EI-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) The manufacturing, servicing, processing, assembling, and fabricating of the following products:
(a) Wood and wood products, including furniture;
(b) Textiles;
(c) Metals and metal products;
(d) Household appliances;
(e) Clothing, including hosiery;
(f) Glass;
(g) Electric and electronics products;
(h) Foods and food products, not to include abattoirs and slaughterhouses;
(i) Bedding, carpets, and pillows;
(j) Leather goods, not to include the curing or tanning of raw hides and skins;
(k) Machine tools;
(l) Paints;
(m) Pottery, porcelain, and vitreous china;
(n) Soap, detergents, and washing compounds;
(o) Rubber products;
(p) Paper products; and
(q) Automobile accessories.
(2) Wholesale warehouses and distribution centers;
(3) Data processing and computer centers;
(4) Any use permitted in I-2 Zones; and
(5) Level 1 solar energy systems (see definitions for requirements).
(B) Conditional uses.
(1) The following uses may be permitted subject to the Town Commissioners issuing a conditional use permit in accordance with § 154.053:
(a) Level 2 solar energy systems (see definitions for requirements); and
(b) Level 3 solar energy systems (see definitions for requirements).
(2) Required yards.
(a) Front yards: 50 feet;
(b) Side yards: 25 feet; and
(c) Rear yards 20 feet.
(3) Required lot area, lot widths, and yards. No building or structure shall exceed 50 feet in height.
(5) Off-street loading and unloading. Off-street loading and unloading space shall be provided as required by § 154.048.
(7) Sales.
(a) All sales, whether retail or wholesale, shall be conducted indoors and shall be limited to the sale of those products which are manufactured, serviced, assembled, or fabricated on the premises.
(b) Ownership of any retail sales outlet shall be the same as that of the manufacturing, servicing, assembling, or fabricating use.
(Prior Code, § 9-4040) (Ord. passed 4-27-1970; Ord. passed 7-10-2014)
§ 154.045 EX-1 ZONES, EXTRACTIVE INDUSTRIAL.
Within the EX-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Farming, truck gardening, raising of livestock, and nurseries;
(2) Public or private utilities, buildings, and appurtenances;
(3) Industrial operations involving the extraction of rock, gravel, sand, and soil from the earth, and subsequent processing, including crushing these products; and
(4) Level 1 solar energy systems (see definitions for requirements).
(B) Conditional uses. The following uses may be permitted subject to the Town Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Required yards.
(1) In no case shall any structure, storage area, truck loading, or appurtenance be located within 50 feet of the operator’s property line; and
(2) No excavation or processing shall be conducted within 100 feet of the operator’s property line.
(D) Required fencing. The quarry area being excavated shall be entirely enclosed within a fence, referred to in the trade as a non-climbable fence. The fence shall be minimum of six feet in height, of a wire mesh, rectangular shape, the size of such rectangle not to exceed two inches by four inches and is to be located a minimum of ten feet back from the edge of the excavated area.
(E) Required lot area, lot widths, and yards. No building or structure shall exceed 100 feet in height.
(G) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all uses as required by § 154.048.
(I) Access. An access road shall be maintained for any use permitted in division (C) above from the property in a dust-free condition, until such time as the maintenance of the access road is assumed by the State Highway Commission.
(J) Operative requirements.
(1) Records shall be made and maintained of all blasting or explosive activity taking place on the site. The records shall be in sufficient detail and completeness to enable technically qualified experts to determine that safe and non-objectionable maximum limits are not being exceeded. In no case, however, shall the ground motion, measured in the home or business establishment of the nearest neighbor, exceed the movement as
hereinafter shown.
Frequency of Ground Motion in Cycles per Second | Maximum Amplitude of Ground Motion in Inches |
up to 10 | not more than 0.0305 |
20 | 0.0153 |
30 | 0.0102 |
40 | 0.0076 |
50 | 0.0061 |
60 | 0.0051 |
(2) Operators shall take such reasonable measures as are necessary to minimize the creation and emission of noise, dust, vibration, glare, and odor from their extractive industry operations.
(K) Abandonment of site. Upon the permanent abandonment of all extractive activity upon site, the Board shall consider rezoning it to its best and most desirable use, taking into consideration the then existing use and zoning of surrounding properties.
(Prior Code, § 9-4041) (Ord. passed 4-27-1970)
§ 154.046 OFF-STREET PARKING REQUIREMENTS.
(A) In all business and industrial zones, except the B-3 Zone which is specifically exempt from the provisions of this section, there shall be provided at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, permanent off-street parking space in the amount specified in this section.
(B) In all residential and office and institutional zones, there shall be provided, at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, or before conversion of any building or structure from one zoning use to another, permanent off-street parking space in the amount specified in this section.
(C) The off-street parking space required by this section shall be permanent open space and shall not be used for any other purpose. Wheel stops or curb shall be provided where necessary to prevent any vehicle from encroaching on adjacent property, on any street right-of-way, or on the area within ten feet of such right-of-way as specified in § 154.045(F).
(D) The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another for use during the same hours.
(E) Parking spaces maintained in connection with an existing use at the time of the adoption of this chapter up to the number required by this chapter shall be continued and may not be counted as serving a new structure or addition thereto.
(F) No portion of any street right-of-way or of any area within ten feet of such right-of-way line shall be considered as fulfilling or partially fulfilling the off-street parking requirements of this section.
(G) Except for dwelling units, if the parking space required by this section cannot be reasonably provided on the same lot on which the principal use is conducted, the space may be provided on another lot separated therefrom by not more than 400 feet, provided the lot is located in a zone in which this use is permitted.
(H) Each application for a building permit or certificate of occupancy shall include information as to the location and dimensions of off-street parking space, if required, and the means of ingress and egress between the space and a street or alley. This information shall be in sufficient detail to enable the Inspections Superintendent to determine whether or not the requirements of this section are met.
(I) The certificate of occupancy for the use of any building, structure, or land where off-street parking space is required shall be withheld by the Inspections Superintendent until provisions of this section are fully met.
(J) In accordance with the foregoing provisions, off-street parking space shall be provided and permanently maintained for the following uses in the number indicated:
(1) Auditoriums, theaters, churches, and other places of assembly: one space for each 21 square feet of seating area in main place of assembly;
(2) Business and professional offices: one space for each 200 square feet of gross floor area;
(3) Convenience type grocery stores: one space for each 100 square feet of gross floor area, provided that any fractional result will require an additional whole space;
(4) Dwellings: two spaces for each dwelling unit; any fractional result will require an additional whole space;
(5) Golf courses and country clubs: one space for each 200 square feet of gross floor area, or one space for each acre of real estate, whichever will provide the greatest number of spaces;
(6) Hotels: one space for each two rooms, plus additional space as required for other uses within the hotel;
(7) Hospitals: two spaces for each bed, not including bassinets, provided that any fractional result will require an additional whole space;
(8) Industrial, manufacturing, and wholesale uses: one space for each two employees, based on the maximum number of employees on one shift which the plant or building is designed to employ;
(9) Motels and tourist homes: one space for each room or unit to be rented, plus additional space as required for other uses within the motel or tourist home;
(10) Nursing homes for chronic or convalescent patients and homes for the aged and infirmed: one space for each bed, provided that any fractional result will require an additional whole space;
(11) Occupations, customary home: one space for each 200 square feet of gross floor area devoted to the particular customary home occupation, in addition to the normal off-street parking spaces required of a dwelling. The parking space or spaces shall be located in the rear yard, screened from view of adjacent residential properties, and connected to the access street by paved driveway. Every person connected with or utilizing the services of a customary home occupation shall use the parking spaces provided in the rear yard only, and the owner of the dwelling shall be responsible for requiring such use;
(12) Other business or service uses not otherwise referred to herein: one space for each 200 square feet of gross floor areal;
(13) Retail business uses: one space for each 200 square feet of gross floor area;
(14) Rooming and boardinghouses, fraternities: one space for each room to be occupied;
(15) Schools: three spaces for each room used for administrative offices or class instruction or one space for each six seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in elementary schools and junior high schools and the equivalent private or parochial schools. Five spaces for each room used for administrative offices or class instruction or one space for each five seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in senior high schools, colleges, universities, and trade and vocational schools. One space for each adult attendant in day nurseries, day-care centers, and preschool kindergartens;
(16) Swimming pools: one space for each 30 square feet of swimming pool area; and
(17) Tennis courts: eight spaces for each unit.
(Prior Code, § 9-4042) (Ord. passed 4-27-1970)
§ 154.047 SPECIAL PERMIT FOR OFF-STREET PARKING IN RESIDENTIAL ZONES.
(A) Off-street parking may be provided through a special permit in any residential zone for a multi-family residential, office and institutional, business, or industrial use subject to the following requirements:
(1) The parking lot shall directly abut the multi-family, office and institutional, business, or industrial use;
(2) No portion of the parking lot shall extend more than 150 feet into the adjacent residential zone;
(3) All off-street parking facilities shall be designed with appropriate means of access to a public street or alley, as well as maneuvering space;
(4) Parking areas shall have adequate drainage and shall be provided with bumper guards where required by the Public Works Director;
(5) Parking areas shall be used for parking of automobiles only, with no sales, storage, repair work, dismantling, or servicing of any kind to be permitted;
(6) All required parking spaces shall be of a design and located so as to be convenient and readily usable by the patrons thereof;
(7) Sufficient area shall be provided within the property lines so that all vehicles may enter and leave in a forward motion;
(8) All parking lots shall be paved with concrete, penetration macadam, or plant mix;
(9) If illuminated night time parking is to be permitted, the lights shall be shielded so as to prevent direct beaming into a residential area;
(10) A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along the rear or side lines, either or both. The screen shall be planted at an initial height of at least three feet and shall be of a variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease can be used; and all plant material must be nursery grown and conform to the guidelines as published by the American Nursery Association in its 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent. The buffer strip shall be maintained in neat order and condition by the property owner and/or occupant of the premises. The plant material shall be periodically trimmed or pruned at a height of not less than six feet and diseased or dead plant material shall be removed and replaced; and
(11) The requirements set forth herein shall be in addition to the off-street parking requirements of § 154.046.
(B) The Board may, in the special permit, restrict the hours of parking.
(C) A special permit for this use shall be limited to a period of two years initially and thereafter may be renewed by the Board, for a period not to exceed 12 months; provided, however, that a violation of any provision of the special permit shall revoke the license granted. No special permit shall be issued or renewed until after a public hearing is held on the matter.
(Prior Code, § 9-4043) (Ord. passed 4-27-1970)
§ 154.048 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.
(A) At the time of the erection of any main building or part thereof which is designed, arranged, or used for any use required by this section to provide off-street loading and unloading space, the space shall be provided as set forth herein:
(1) Retail and service establishments with a gross floor area of less than 20,000 square feet, and all wholesale and industrial operations with a gross floor area of less than 10,000 square feet: one loading space with minimum dimensions of 12 feet by 25 feet; provided, however, two or more adjoining establishments with a total gross floor area of not more than that specified herein may be considered as one establishment for the purpose of complying with this provision;
(2) Retail and service establishments with a gross floor area of 20,000 square feet or more: one loading space with minimum dimensions of 12 feet by 25 feet for every 20,000 square feet of gross floor area and any fraction thereof in excess of 10,000 square feet;
(3) Office buildings and hotels with a gross floor area of 50,000 square feet or more: one loading space with minimum dimensions of 12 feet by 25 feet for every 50,000 square feet of gross floor area and any fraction thereof in excess of 25,000 square feet;
(4) Industrial and wholesale establishments with a gross floor area of 10,000 square feet or more shall provide loading spaces with minimum dimensions of 12 feet by 55 feet as follows.
10,000 – 40,000 square feet | 1 space |
40,000 – 100,000 square feet | 2 spaces |
100,000 – 160,000 square feet | 3 spaces |
160,000 – 240,000 square feet | 4 spaces |
240,000 – 320,000 square feet | 5 spaces |
320,000 – 400,000 square feet | 6 spaces |
Each 100,000 square feet above 400,000 square feet | additional 1 space |
(B) The off-street loading and unloading space required by this section shall be permanent space and shall not be used for any other purpose.
(Prior Code, § 9-4044) (Ord. passed 4-27-1970)
§ 154.049 NONCONFORMING USES, BUILDINGS, AND STRUCTURES.
(A) Nonconforming uses.
(1) A nonconforming use shall not be extended; except, however, a nonconforming use of any building may be extended to any portion or portions of the building which were at the time the use became nonconforming manifestly arranged or designed for the use.
(2) No structural alterations shall be made in a building housing a nonconforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building.
(3) The nonconforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall be discontinued, and the building or structure shall thereafter be used only in conformance with the provisions of the zone in which located.
(4) A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use it shall not be changed again to any nonconforming use.
(5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a nonconforming use without the grant by the Board of Adjustment of a special exception authorizing a change. The Board shall grant an exception only upon an affirmative finding that the proposed change will have no adverse effect upon neighboring properties or upon the public welfare. The Board may impose any appropriate conditions and safeguards upon any special exception which it grants for the further protection of neighboring properties in the public welfare.
(6) When any nonconforming use is discontinued for a period exceeding 90 days, any future use shall conform to the provisions of this chapter unless the Board of Adjustments shall grant a special exception authorizing the continuance and, if requested, change, but not the expansion, of the nonconforming use. The Board shall grant such a special exception only upon the affirmative finds that:
(a) A building is located on the site which cannot, because of construction or design, practically be adapted to a use in conformity with the provisions of this chapter;
(b) The building complies with state and local codes applicable if the use were in conformity with the provisions of this chapter;
(c) Parking sufficient to meet the standards set out in § 154.046 will be provided;
(d) Driveway access will be provided sufficient to avoid problems of egress and ingress to the property;
(f) The proposed use, if it be different from the former nonconforming use, is closely related to the former nonconforming use and no more detrimental in its effects upon surrounding properties and the general welfare than the former nonconforming use; and
(g) The granting of the special exception will not have an adverse impact upon the adjoining properties and the neighborhood at large.
(7) Any special exception granted by the Board of Adjustments pursuant to the provision of this section shall be valid only for a period of two years from the date of issue. The special exception may thereafter be renewed for two-years’ period, but only upon public hearings before the, and upon the, Board’s again making the affirmative findings set out above. The Board may impose any appropriate conditions and safeguards upon any such special exception which it grants for the further protection of neighboring properties and the public welfare.
(B) Nonconforming buildings or structures. Nonconforming buildings and structures shall be allowed to remain subject to the following provisions.
(1) A nonconforming building or structure shall not be extended unless such extension shall comply with all the requirements of this chapter for the zone in which it is located.
(2) A nonconforming building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter.
(3) Nonconforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date the signs or billboards become nonconforming.
(Prior Code, § 9-4045) (Ord. passed 4-27-1970; Ord. passed - -)
§ 154.050 CLUSTER DEVELOPMENT.
Cluster developments shall have a minimum of five lots and shall be developed in accordance with the following standards:
(A) Uses shall be limited to single-family detached dwellings and related accessory uses.
(B) Cluster developments shall be exempt from the minimum lot size for the district in which located, provided that in no case shall the lot size be less than 75% of the minimum required lot size. All other minimum dimensional requirements of the district shall apply.
(C) The maximum potential number of lots that may be created shall be computed by subtracting 20% of the gross area (as allowance for street right-of-way) and by dividing the remaining area by the minimum lot area requirements for the zoning district in which the development is located. This section shall apply regardless of the amount of land actually required for streets.
(D) An amount of land at a minimum equal to the amount of reduction in lot size as determined by division (B) above shall be placed in open space within the development and each lot shall have direct access or access by right-of-way or easement to such open space. Such open spaces shall be held in nonprofit corporate ownership by the owners of lots within the development. In consideration of the purposes served by a cluster development, the title to such open space property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purposes. If the corporation desires, improvements may be made within the open space provided that the maximum coverage of each type of improvement shall not exceed the following:
(1) Above ground improvements: 3% of the open space; and
(2) Level or below ground improvements: 20% of the open space.
(E) As an option, where the Board of Commissioners agrees, such open space may be dedicated to the town for public benefit.
(Prior Code, § 9-4046) (Ord. passed - -)
§ 154.051 PLANNED UNIT DEVELOPMENT (PUD).
(A) PUDs shall be permitted only when requested as a conditional use and accompanied by a rezoning request to one of the following Zoning Districts: CU-R-15; CU-R-12; CU-R-10; CU-R-8; CU-R-6.
(B) Application for PUD shall be approved only if the following findings are made:
(1) Application of planned unit development requirements to the property will produce a development of equal or higher quality than otherwise required by the strict application of district regulations that would otherwise govern;
(2) Application of planned unit development requirements to the property will encourage innovative arrangement of buildings and open spaces to provide efficient, attractive, flexible, and environmentally sensitive design;
(3) Application of planned unit development requirements to the property will produce a development functioning as a cohesive, unified project; and
(4) Application of planned unit development requirements to the property will not substantially injure or damage the use, value, and enjoyment of surrounding property, nor hinder or prevent the development of surrounding property in accordance with the adopted plans and policies of the city.
(C) An approved PUD conditional use permit and the approved verified development plan shall govern all uses and development activities in a PUD.
(D) Except as otherwise provided by this section, a PUD shall be subject to all the applicable standards, procedures and regulations of the other parts of this chapter.
(E) No PUD shall be approved for a site of less than that shown in the following schedule. The site must be contiguous property under unified ownership or control:
Districts | Minimum |
CU-R-15, CU-R-12, CU-R-10 | 10 acres |
CU-R-8, CU-R-6 | 4 acres |
(F) Uses permitted in a PUD shall be in accordance with the following schedule, provided that uses to be in a PUD shall be stated in the conditional use permit.
Districts | Uses |
CU-R-15, CU-R-12, CU-R-10, CU-R-8, CU-R-6 | All uses permitted in the corresponding Principal Districts |
(G) Development in a PUD shall be exempt from the minimum required lot width, front yard, side yard and rear yard requirements of §§ 154.027 through 154.030 relating to relationship of buildings to lots and access to streets provided that the following development standards are followed. The overall residential density limitation and residential building types of the corresponding principal district shall apply in a PUD provided that a density bonus which may involve a different residential development type may be permitted during the PUD approval process as provided for herein.
(a) No lot for a single family detached dwelling shall be less that the minimum lot size for a single-family dwelling in the zoning district in which the PUD is located.
(b) Cluster developments and zero lot line developments are permitted subject to the special requirements for such developments.
(2) Vehicle access.
(a) Areas between structures shall be covered by easements where necessary for access and to provide for maintenance and utility service.
(b) Primary vehicular access to office or commercial development shall not be through intervening residential development.
(c) Local streets shall be located and designed so that they do not encourage through access by traffic with origins and destinations outside of the development.
(3) Pedestrian access. PUDs shall be designed and developed and uses so arranged to promote pedestrian access within the development.
(4) Non-residential areas. Non-residential areas in PUDs shall be designed and located to principally serve the residents of the PUD and the surrounding area.
(5) Boundary treatment. The scale and setbacks of development in a PUD within 150 feet of the perimeter of the PUD shall be in harmony with the development on adjacent lands.
(6) Environmentally sensitive areas.
(a) One of the principal purposes of the PUD procedure is to protect environmentally sensitive areas through the use of innovative arrangement of buildings and spaces. It is the intent of the PUD process that significant consideration in planning and design of PUDs shall be given to the following elements such as but not limited to:
1. Floodway and floodway fringe areas;
2. Steep slopes and knolls;
3. Wetlands;
4. Water supply watersheds;
5. Rock outcrops;
6. Soil erosion and storm water management;
7. Tree and foliage preservation;
8. Habitat for threatened or endangered species;
9. Areas of historical, archaeological or architectural significance; and
10. Useable open space; recreation area.
(b) In any case where the Board of Commissioners finds in its opinion that the PUD provides for significant protection or enhancement of any one or more of the above elements, or a similar element as determined by the Board of Commissioners, the Board may award a bonus of up to 10% increase in residential dwelling units for a PUD and may permit such additional dwelling units to be of a development type not otherwise permitted in the PUD. The determination by the Board of Commissioners of the significant protection or enhancement of particular element shall be based upon a comparison between the type of development that could be placed on the property under the current zoning and other regulations and the proposed development scheme for the PUD.
(7) Unified development plan. The application for a PUD conditional use permit as part of a conditional use rezoning shall be accompanied by a unified development plan in the form of a site specific development plan.
(8) Phased development. A PUD may be developed in phases in the same manner as a subdivision and subject to the phasing requirement for subdivision.
(Prior Code, § 9-4047) (Ord. passed - -)
§ 154.052 FAMILY CARE HOMES.
(A) Performance criteria. A family care home shall be a use by right, except that no family care home shall be located within one-half mile of another family care home, unless a special exception is granted by the Board of Adjustment for such reduced separation, in accordance with § 154.103.
(B) Special exception criteria.
(1) Such reduced separation will not result in the clustering of family care homes that could promote the cloistering and isolation of handicapped persons, instead of the integration and interaction of handicapped persons with the community mainstream.
(2) The Board of Adjustment shall only consider evidence relevant to the above finding in reaching a decision to grant the special exception.
(Prior Code, § 9-4048) (Ord. passed 5-15-2007)
§ 154.053 CONDITIONAL USE PERMIT.
The following procedures pertain to conditional use permits that are not associated with a Parallel Conditional Use (PCUP) District.
(A) Purpose. There are many uses identified in this subchapter that are “uses by right” and that are allowed “by right” in each general zoning district subject to the use meeting certain area, height, yard, and off-street parking and loading requirements. In addition to these uses, there are some uses in these districts that are “conditional uses” are and subject to the issuance of a conditional use permit. The purpose of having conditional uses is to ensure that these uses are compatible with surrounding development and are in keeping with the purposes of the general zoning district in which they are located. There may be some uses that prior to adoption of this chapter were allowed as “uses by right” but now are allowed subject to a conditional use permit. For these uses, any expansion or modification to the uses would be subject to the issuance of a conditional use permit.
(B) Procedures. A pre-application meeting between the applicant and the administrator shall be required in order to familiarize the applicant of the procedure for securing approval of a conditional use permit. The administrator shall accept no conditional use permit application for review without such meeting having first occurred unless the administrator determines that such meeting would not serve any meaningful purpose and waives the meeting requirement. Procedures for application submittal are as follows.
(1) A complete conditional use permit application that is signed by the applicant and which is accompanied by a submittal fee (in accordance with a fee scheduled approved by the governing board) shall be filed with the administrator.
(2) The application shall be accompanied by a drawing or plan, drawn to scale, that includes or is accompanied by the following:
(a) Name, address, and phone number of the property owner (or his or her agent) and the property identification number of the property. (Note: the property owner or his or her authorized agents are the only two parties who may initiate a request for a conditional use permit);
(b) A boundary survey and vicinity map, showing the property’s total acreage, general location in relation to adjoining streets, railroads and/or waterways, date, and north arrow. The zoning classification of the property in question and contiguous properties shall also be shown. (In lieu of the boundary and survey maps, one or more up-to-date tax maps depicting the area in question may be submitted. Any required drawing or depiction of the proposed development or use shall not appear on the tax maps but rather shall appear on the drawing or plan);
(c) The name and addresses of all owners, tax parcel numbers, and existing land use(s) of all contiguous properties;
(d) Proposed use of all land and structures, including the number of residential units proposed, if any, and total square footage of nonresidential development;
(e) Location of all proposed structures, their approximate area and exterior dimensions, height, and proposed number of structures;
(f) A description of all screening and landscaping required by the this chapter and/or proposed by the applicant; the delineation of any wooded, landscaped, or grassed areas existing prior to development and proposed to remain on the property once the development is completed;
(g) All existing easements, reservations, and rights-of-way;
(h) Proposed phasing, if any, and approximate completion time for the project;
(i) Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency Management Agency (FEMA) flood hazard boundary maps for the county;
(j) Traffic, parking, and circulation plans showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets;
(k) A list, if any, of all additional development conditions or standards that differs from those that would normally apply to that use. Only conditions that exceed the requirements within this chapter’s minimum standards can be considered and listed by the applicant; and
(l) The administrator reserves the right to waive the depiction of some or all of the information contained in divisions (B)(2)(e) through (B)(2)(j) above, when, in his or her opinion, such information would serve no meaningful purpose for the particular conditional use being requested. Notwithstanding, if either the Board of Commissioners determines that additional information as set forth in divisions (B)(2)(e) through (B)(2)(j) above is needed to render a recommendation or decision on the application, they may require the applicant to submit such additional information.
(3) In the course of evaluating the proposed conditional use, the Board of Commissioners may request additional information from the applicant in order to assist in the review process. A request for such additional information shall stay any further consideration of the application by such agency. Such additional requested information may include, but shall not be limited to, the following:
(a) Storm water drainage plan;
(b) Existing and proposed topography at five-foot contour intervals or less;
(c) The existing and proposed location of all water and sewer lines and fire hydrants intended to serve the proposed development;
(d) Proposed number, type, and location of signs;
(e) A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer or planner. Information requested to be a part of the impact study may include:
1. Existing traffic conditions within the study area boundary;
2. Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon, or evening peak, and average annual daily traffic levels;
3. The distribution of existing and proposed trips through the street network;
4. Analyses of the capacities of intersections located within the study area boundary;
5. Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way; and
6. Other pertinent information, including, but not limited to, accidents, noise, and impacts of air quality and other natural resources.
(f) Drawings of proposed building elevations; and
(g) An environmental impact statement that includes some or all of the following:
1. A cover sheet that provides, in summary form, a description of the proposed project;
2. A statement of purpose and need of the project;
3. For projects proposed by public entities, a list of alternatives of the proposed project;
4. A succinct description of the environment affected by the project;
5. A discussion of short and long term consequences of the project on the environment, including any adverse environmental impacts which cannot be avoided; and
6. A list of means that could be employed to mitigate any negative effects on the environment caused by this project.
(4) Except as herein provided, no application shall be deemed complete unless it contains or is accompanied by all items listed in division (B)(2) above and as may otherwise be required per division (B)(3) above and a fee, in accordance with a fee schedule approved by the governing board for the submittal of conditional use permit applications. Said fee shall be waived for any application submitted by any official or agency acting on behalf of the county or the state.
(5) Any completed application submitted shall be heard by the appropriate board for approval within 180 days. After the expiration of an application, a new application may be submitted following the current regulations in place at the time of the new application submittal.
(C) Public hearing notification.
(1) In order for a conditional use permit to be considered for approval, a public hearing must be held by the Board of Commissioners. Any complete application shall be submitted to the administrator at least 30 working days prior to the public hearing. This shall be sufficient time period for the staff to review the application and produce a staff report and to ensure that all applicable notification requirements can be met. Notification of the public hearing shall be as follows.
(a) A notice shall be published in a newspaper having general circulation in the county once a week, the notice to be published not less than ten days nor more than 25 days prior to the date established for the hearing.
(b) The administrator shall post at least one notice on the site for the proposed conditional use or an adjacent public street or highway right-of-way at least ten days prior to the public hearing. Where multiple parcels are included within the application, a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons. Such notice shall state the date and time of the hearing, case number, and contact telephone number to obtain more information. The notice shall be removed only after final action has been taken on the matter.
(c) A notice of the public hearing shall be hand delivered or sent by first class mail by the administrator to the applicant and to all adjacent property owners at least ten days prior to the public hearing.
(D) Final decision.
(1) Conduct of public hearing. The Board of Commissioner’s public hearing shall be held in a quasi-judicial manner. In approving an application for a conditional use permit, the Board of Commissioner’s may attach fair and reasonable conditions to the approval. Such conditions shall be limited to those that address the impacts reasonably expected to be generated by the development or use of the site. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Commissioners. In no instance shall any of these conditions be less restrictive than any requirements that would pertain to that particular development found in the zoning district in which the property is located and except where otherwise specifically allowed in this chapter. Such conditions may exceed any performance criteria or minimum requirements listed elsewhere in this chapter that pertain to that development. Such conditions shall be mutually agreeable by the county and the petitioner.
(2) Burden of proof.
(a) The applicant has the burden of producing competent, material, and substantial evidence tending to establish the facts and conditions that divisions (D)(2)(b)2. and (D)(2)(b)4. below require. If any person submits competent, material, and substantial evidence allegedly contrary to any of the facts or conditions listed in divisions (D)(2)(b)1. and (D)(2)(b)3. below, the burden of proof for overcoming such evidence shall rest with the applicant.
(b) The Board of Commissioners may only issue a conditional use permit if it has evaluated an application and found each of the following findings in the affirmative:
1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan;
2. The use meets all required conditions and specifications;
3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity; and
4. The 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 will be in general conformity with the adopted land use plan and other plans for the physical development of the county as adopted by the Board of Commissioners.
(3) Additional review criteria/findings of fact. In addition to the findings of fact listed in division (D)(2) above, certain uses require the consideration of additional review criteria. Before a conditional use permit may be issued for said uses, the findings of fact listed in division (D)(2) above along with those pertaining to that individual use must each be found in the affirmative. (Note: in certain instances the findings contained in (D)(2) above shall be substituted with those so indicated.)
(4) Effect of approval.
(a) If an application for a conditional use permit is approved, the owner of the property shall have the ability to develop the use in accordance with the stipulations contained in the conditional use permit or develop any other use listed as a “permitted use” for the general zoning district in which it is located. Such approval, however, does not immediately authorize development activity, as the property owner will need to file for and secure a zoning permit, in order to proceed with development. The administrator shall ensure that any development plans submitted with such zoning permit request are consistent with the terms and conditions of the conditional use permit approved for such property or for any other use by right allowed in the underlying zoning district. If, however, a conditional use permit is issued in relation to the rezoning of a property to a Parallel Conditional Use (PCUP) District, the property may be used only for the development for which that conditional use permit was approved.
(b) Following approval of a conditional use permit authorizing specified permitted uses and/or specified development conditions, the county shall file and record a copy of the CUP in the office of the County Register of Deeds.
(5) Binding effect.
(a) Any conditional use permit herein authorized shall be perpetually binding to the property included in such permit unless subsequently changed or amended by the Board of Commissioners. All conditions contained in the conditional use permit shall run with the land and shall be binding on the original applicants, their heirs, successors, and assigns, unless subsequently changed or amended as provided for herein; however, the administrator may approve minor changes in the detail of the approved application. A “minor change” to the approved conditional use permit shall be deemed to be a change which:
1. Will not alter the basic relationship of the proposed development to adjacent property;
2. Will not increase the gross floor area of any nonresidential use by the smaller of 10% or 10,000 square feet (Note: such limitations shall be cumulative and shall be based on the gross floor area of the conditional use permit as originally approved);
3. Will not decrease the off-street parking ratio below the minimum number of parking spaces required by this section;
4. Will not increase the height of any structure to the extent that additional usable floor space could be added;
5. Will not result in an increase in the number of dwelling units constructed; or
6. Will not alter the uses permitted.
(b) Further changes to the development may be made only by the Board of Commissioners in accordance with divisions (B) through (D) above.
(c) No certificate of compliance for a use listed as a conditional use shall be issued for any building or land use on a piece of property which has received a conditional use permit for such particular use unless the building is constructed or used, or the land is developed or used, in conformity with the conditional use permit. In the event that only a segment of a proposed development has been approved, the certificate of compliance shall be issued only for that portion of the development constructed or used as approved.
(6) Period of validity of conditional use permit. Unless the Board of Commissioners issues a conditional use permit which either is specifically exempt from any time constraints or has some other specified time period for implementation, the applicant must secure a valid building permit (or certificate of compliance) within 24 months from date of issuance of the conditional use permit. If a building permit or certificate of compliance is not issued at the end of said time period, the conditional use permit shall automatically expire and shall be deemed rescinded. Such rescission shall not occur if the applicant has secured the vesting of a site development plan for a period of greater than 24 months. The town shall file and record a copy of the CUP in the office of the County Register of Deeds.
(E) Twelve-month limitation on reapplication.
(1) If a request for conditional use permit is denied, a similar application for the same property or any portion thereof shall not be filed until the expiration of a 12-month period from the date of denial. This waiting period shall not be applicable where the application for a conditional use permit is determined by the administrator to be substantially different from (such as, not similar to) the original application.
(2) Notwithstanding, the administrator may allow resubmission of a similar application within said 12-month period if he or she determines that since the date of action on the prior petition:
(a) There has been a significant change in the zoning district classification of an adjacent piece of property;
(b) The governing board has adopted a plan that changes public policy regarding how the property affected by the proposed conditional use should be developed;
(c) Construction or expansion of a road, water line, sewer line, or other such facilities has occurred to serve the property and can accommodate comfortably the intensity of development allowed under the proposed classification; or
(d) There has been some other extraordinary change in conditions or circumstances, outside the control of the petitioner, which justifies waiver of the 12-month restriction on a new petition; this, however, shall not include a change in the ownership of the subject property.
(F) Petition withdrawal.
(1) An applicant who has submitted a complete application for a conditional use permit may withdraw the application prior to a final decision being rendered.
(2) If said petition is withdrawn at least two working days prior to the Board of Commissioners public hearing, a similar petition submitted by that property owner (or his or her agent) shall not be accepted by the administrator within 180 days of the date of withdrawal.
(3) If said petition is otherwise withdrawn prior to a final decision being rendered, a similar petition submitted by that property owner/or his or her agent shall not be accepted by the administrator within one year of the date of withdrawal. Any new application shall be accompanied by the appropriate fee.
(G) Change in conditional use permit. Any request to materially change (such as, undergo a change other than one listed as a “minor change” in division (D)(5) above) to the conditional use permit once it has been issued shall require the issuance of a new conditional use permit. All notification and procedural steps and requirements as outlined in divisions (B) through (D) above shall be followed.
(H) Appeals. An appeal to the decision of the Board of Commissioners shall be filed with the Clerk of Superior Court in the nature of certiorari no later than 30 days after said decision has been filed in the administrator’s office and as otherwise provided for in applicable state general statutes.
(Prior Code, § 9-4049) (Ord. passed 7-10-2014)