Rocky Mount City Zoning Code

CHAPTER 5

- ZONING USE REGULATIONS

Sec. 501.- Zoning use classifications.

Basis for use classifications. Use categories presented in chapter 5 are designed to classify land uses and activities into common use categories based on functions, product, or physical characteristics. Characteristics include the type, size, quantity or impacts of activity; the type of customers or residents; how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

Principal uses. Principal uses are assigned to the use category that most closely describes the nature of the principal use.

Development projects with multiple principal uses. When all principal uses of a development fall within one (1) use category, the entire development is assigned to that common use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the retail sales and Service category because all of the development project's principal uses are in that category. When the principal uses of a development project fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that use category.

Accessory uses. Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in section 506, Table 5-3 of this LDC.

Similar use interpretation criteria.Section 506 of this LDC identifies examples of accessory uses. Because the examples may not be all inclusive, the director or the director's designee shall consider the following in making reasonable similar use category interpretations:

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

The relative amount of site area, floor space and/or equipment devoted to the activity;

Relative volume or amounts of sales from each activity;

The customer type for each activity;

The relative number of employees in each activity;

Hours of operation;

Building and site arrangement;

Vehicles used with the activity;

The relative number of vehicle trips generated by the use; and

10.

How the use advertises itself.

Sec. 502. - Zoning use tables, interpretation.

The following tables list the category of uses allowed within each district by symbols set forth below:

Use categories. All of the use categories listed in the tables are defined in section 503.

Uses permitted by right ("X"). An "X" indicates that a use category is allowed by right in the respective district. These permitted uses are subject to all other applicable regulations of this LDC.

Special uses ("S"). An "S" indicates that a use category is allowed only on review and approved as a special use in accordance with the special use review procedures of section 506. Special uses are subject to all other applicable regulations of this LDC.

Uses not allowed ("blank cell"). A "-" indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this LDC.

New or unlisted uses. If an application is submitted for a use type that is not listed in the use table, the Director shall be authorized to make a similar use interpretation based on the use category descriptions of section 501 and the similar use interpretation criteria of subsection 501.C. If the director determines that the proposed use does not fit any of the use category descriptions of section 503, no similar use interpretation shall be made and said use shall be prohibited in that district. The director shall provide a letter to the applicant regarding use interpretation decisions and maintain an official written file of all such interpretation decisions.

Sec. 503. - Zoning use tables.

The legend that follows provides the definition of symbols to interpret the list of uses and means by which they are permitted to locate within various zoning districts:

By right. Uses permitted by right are indicated by the "x" symbol.

Special use permit. Uses requiring a special use permit are indicated by the "s" symbol. The approving authority will be indicated by a BOA (Board of Adjustment) or CC (City Council).

A "c" placed in the zoning column opposite any entry designated as a special use with an "s" means that the special use is only permitted if the site lies within the community enterprise district.

Table 5-1: General Use Table
Residential Districts

	Single-Family Districts					Multi-Family Districts		Planned Developments
Permitted Uses	A-1	R-15	R-10	R-8	R-6	R-6 MFA	MHP	PDR
Accessory dwelling	x	x	x	x	x	x	x	x
Accessory structure	x	x	x	x	x	x	x	x
Accessory use	x	x	x	x	x	x	x	x
Adult day center in CED	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Adult day center in an institutional structure	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Adult day home occupation (see note 2)	x	x	x	x	x	x	x	x
Agriculture or farm use	x
Airport operations	x
Alcoholic beverages, packaged, retail store, including ABC store								x
Assembly: armory, assembly hall, bar, coliseum, movie theater, stadium, etc.								x
Automobile off-street parking	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA		s/BOA	s/BOA
Automobile/vehicle wash (automatic or hand wash) (see note 4)								x
Bakery, on-premises and retail only								x
Beauty shop/barber service								x
Bed and Breakfast (see section 506.C.6)	s/BOA	s/BOA	s/BOA					s/BOA
Boardinghouse operation (see note 7)						x	s/CC
Cemetery/Columbarium	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Childcare center in CED	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Childcare center in an institutional structure	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Childcare home occupation (see note 9 & 13)	x	x	x	x	x	x	x	x
Church/religious institution (see note 18)	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	x
Continuing care retirement community (see note 25)								x
Convenience store								x
Dwelling, live/work								x
Dwelling, manufactured (HUD) home - SF residential occupancy	x			x			x
Dwelling, manufactured home park							x
Dwelling, modular home	x	x	x	x	x	x	x	x
Dwelling, multifamily						x		x
Dwelling, multistory high density, Central City area and adaptive reuse of historic properties (see note 10)						x	x
Dwelling, single-family	x	x	x	x	x	x	x	x
Dwelling, single-family attached						x		x
Dwelling, single-family detached	x	x	x	x	x	x	x	x
Dwelling, two- to four-family						x		x
Dwelling, upper story								x
Fairground activities (including carnivals and circuses)	x
Family care home (see note 11)	x	x	x	x	x	x	x	x
Farmers' market	x
Financial institutions (bank, savings and loan companies, and other financial activities)								x
Fire station operation	x	x	x	x	x	x	x	x
Flea market (indoor or outdoor)	x
Fortune telling (see definitions)	x	x	x	x	x	x	x
Golf course and related uses	s/BOA							x
Government operation	x	x	x	x	x	x	x	x
Grocery/food sales								x
Group care facility (see note 11)	s/BOA
Group home for developmentally disabled adults (see note 11)	x	x	x	x	x	x	x	x
Health club/gym spa						x	x	x
Historical preservation commercial use	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Home for the aged	s/BOA					s/BOA		s/BOA
Home occupation (see notes 2, 9 and 13)	x	x	x	x	x	x	x	x
Kennel operation (see note 16)	s/BOA
Landfill, c&d	s/BOA
Landfill, yardwaste	s/BOA
Library	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Museum/art gallery								x
Nightclub, Bar & Tavern								x
Nursery operations - retail/wholesale (see note 12)	x
Nursing home (see section 503C.19)	s/BOA					s/BOA	s/BOA
Office use (of a doctor, dentist, osteopath, chiropractor, optometrist, physiotherapist, or other medically-oriented profession)								x
Office use (with no on-premise stock of goods for sale to the general public and the operations and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communication material) (see note 26)								x
Open/passive space	x	x	x	x	x	x	x	x
Overnight accommodations								x
Private recreation club or swimming club	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	x
Public recreation, such as community center building, parks, museum, playgrounds, and similar facilities operated on a nonprofit basis	x	x	x	x	x	x	x	x
Quarry operations	x
Railroad yard operations (see note 32)	x
Residential Cluster Development	x	x	x	x	x	x	x	x
Restaurant								x
School: elementary, junior high, and high school (see note 27)	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Service and supply (see note 30)	x
Shelter for women, families, and/or children						s
Shelter home for women, families, and/or children (see note 7)	x	x	x	x	x	x	x	x
Temporary use (see section 508)	x	x	x	x	x	x	x	x
Theater production, outdoor	s/BOA
Tiny home	x	x	x	x	x	x	x	x
Utility station or substation	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wireless communication tower less than 100 feet in height (see note 23)	x	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wireless communication tower 100 feet or greater in height (see note 23)	x	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Yard sale (attic sale, lawn sale, or garage sale) as an accessory use to a residence or church or civic, cultural, educational, charitable, or similar organization (see note 24)		x	x	x	x	x	x	x
Youth development center	s/CC

Table 5-2: General Use Table
Transitional, Business and Industrial Districts

	Transitional Districts			Business Districts					Industrial Districts
Permitted Uses	O-I	O-I(2)	MA	B-1	B-2	B-3	B-4	B-5	I-1	I-2	IP
Accessory building	x	x	x	x	x	x	x	x	x	x	x
Accessory dwelling	x	x
Accessory use	x		x	x	x	x	x	x	x	x	x
Adult day center in nonresidential district(see note 1)	x		x	x	x	x	x	x	x	x	x
Adult day center in an institutional structure	x		x	x	x	x	x	x	x	x	x
Adult day home occupation (see note 2)	x	x		x	x	x	x	x
Adult establishment (see note 3)					x			x
Airport operation										x
Alcoholic beverages, packaged, retail store, including ABC store		x		x	x	x	x	x
Ambulance service, non govern-mental			x		x		x	x
Animal medical care, including kennel operation (see note 16)	s/BOA				s/BOA	s/BOA		s/BOA
Architectural Feature Sales		x		x			x
Assembly: armory, assembly hall, coliseum, movie theater, stadium, etc.				s/BOA	x	x	x	x
Auction sales, excluding livestock auctioning					x			x
Automobile off-street parking	s/BOA			x	x	x	x	x	x	x
Automobile off-street parking deck/garage commercial		x	x				s/CC
Automobile truck, trailer rental					x	x	x	x		x
Automobile repair and/or body work excluding commercial wrecking, dismantling, or storage of junked vehicle					x	x		x		x
Automobile sales, new and used					x		x	x		x
Automobile service station operation (see note 5)				x	x	x		x
Automobile/vehicle wash (automatic or hand wash) (see note 4)					x	x		x	x	x
Automobile wrecker service (towing and storage only)								x	x	x
Bakery production and wholesale sales					x			x	x	x	x
Bakery, on-premises and retail only		x		x	x	x	x	x
Beauty shop/barber service	x	x		x	x	x	x	x
Bed and breakfast (see section 503C.6)	x	x			x		x	x
Boardinghouse operation (see note 7)	x							x
Boats and accessories, retail sales, and service					x	x		x	x	x
Bus station activities					x		x	x
Cemetery/Columbarium	s/BOA						s/BOA
Childcare center in nonresidential district (see note 8)	x	x	x	x	x	x	x	x	x	x	x
Childcare center in an institutional structure	x		x	x	x	x	x	x	x	x	x
Childcare home occupation (see note 9 and 13)	x	x		x	x	x	x	x
Church/religious institution (see note 18)	x			x	x	x	x	x
College or university	s/CC						x
Contractor, excluding outside storage of equipment or supplies					x		x	x	x	x
Contractor, with outside storage of equipment or supplies								x	x	x
Convenience store				x	x	x	x	x
Crematory					x			x	x	x
Dormitory					s/BOA
Dwelling, live/work	x	x		x	x	x	x	x
Dwelling, modular home	x	x		x
Dwelling, multifamily	x	x		x	x	x	x	x
Dwelling, multistory high density, Central City area and adaptive reuse of historic properties (see note 10)	x	x			x		x
Dwelling, single-family	x	x					x
Dwelling, single-family attached	x	x		x
Dwelling, single-family detached	x	x		x
Dwelling, two- to four-family	x	x		x
Dwelling, upper story	x	x		x	x	x	x	x
Fabrication, light manufacturing					x			x	x	x	x
Family care home (see note 11)	x
Farmers' market		x		x	x		x	x	x	x
Financial Institutions (bank, savings and loan companies, and other financial activities)	x	x		x	x	x	x	x
Fire station operations	x		x	x	x	x	x	x	x	x	x
Flammable material (distribution/storage/bulk storage								x	x	x
Flea market (indoor or outdoor)					x			x
Funeral home	s				x			x
Government operation	x	x	x	x	x	x	x	x	x	x	x
Grocery/food sales		x		x	x	x	x	x
Group care facility (see note 11)	s/BOA						s/BOA
Group home for developmentally disabled adults (see note 11)	x						x
Health club/gym spa	x	x	x	x	x	x	x	x	x	x	x
Historical preservation commercial use	s/CC	s	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Home for the aged	s/BOA		s/BOA
Home occupation (see notes 2, 9 and 13)	x	x		x	x	x	x	x
Hospital (see note 15)	x		x				x
Hospital, general (see note 14)	x		x				x
Industrial operations not otherwise listed herein, except the uses listed									x	x	s/BOA
Industrial sales of equipment or repair service								x	x	x	x
Kennel operations (see note 16)					x			x	x	x
Laboratory operations, medical or dental	x	x	x	x	x		x	x
Laboratory research									x	x	x
Landfill, c&d									s/BOA	s/BOA
Landfill, hazardous										s/BOA
Landfill, yardwaste									s	s
Library	x	x	x	x	x	x	x	x
Lodge (fraternal organizations)	x				x		x	x
Manufactured home sales (but excluding any residential occupancy) (see note 17)					x			x	x	x
Motel, hotel, or motor court operations (see note 16)	s/CC				x		x	x
Monument sales					x			x	x	x
Monument works									x	x
Museum/art gallery	x	x		x	x	x	x	x
Newspaper publishing					x			x	x	x
Nightclub, Bar & Tavern					x	x	x	x
Nursery operations - retail/wholesale (see note 12)					x	x		x	x	x
Nursing home (see section 503C.19)	s/BOA		s/BOA
Office use (of a doctor, dentist, osteopath, chiropractor, optometrist, physiotherapist, or other medically-oriented profession)	x	x	x	x	x	x	x	x
Office use (with no on-premise stock of goods for sale to the general public and the operation and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communication material)(see note 26)	x	x		x	x	x	x	x	x	x
Open/passive space	x	x	x	x	x	x	x	x	x	x	x
Pawn shop					x	x	x	x
Prison (minimum custody facility)										s/CC
Private recreation club or swimming club	s/BOA	s			s/BOA		s/BOA	s/BOA
Prison (minimum custody facility)										s
Public recreation, such as community center building, parks, museum, playgrounds, and similar facilities operated on a nonprofit basis	x	x		x	x	x	x	x
Public utility works, shops or storage yards								x	x	x
Quarry operation									x	x
Radio or television studio activities only	x	x		x	x	x	x	x
Railroad station operations							x	x	x	x
Railroad yard operations									x	x	x
Recreation or amusement enterprise (conducted outside a building and for profit, and not otherwise listed herein)					x			x
Recreation or amusement enterprise, racquet facilities (conducted inside a building for profit) (see note 20)					x	x	x	x
Recreational vehicle park					s/BOA			s/BOA
Recycling center							`	x	x	x
Residential cluster development	x
Restaurant		x		x	x	x	x	x
Retailing or servicing 50,000 or less gross sq. ft. per unit with operations conducted and merchandise displayed inside and/or outside a building and not otherwise listed herein (see note 12 and 22)		x		x	x	x	x	x
Retailing or servicing with operations conducted and merchandise displayed inside and/or outside a building and not otherwise listed herein (see note 12 and 22)					x	x		x
Salvage operation or junk yard (see note 21)								x	x	x
School: commercial, trade or vocational	x	x		x	x	x	x	x	x	x
School: elementary, junior high and high school (see note 27)	s/CC				s/CC	s/CC	s/CC	s/CC
Shelter for women, families, and/or children	s/CC							s/CC
Shelter home for women, families, and/or children (see note 7)	x
Storage, flammable (see note 22)								x	x	x
Storage, outside (see note 12 & 22)					x			x	x	x
Storage, warehouse					x			x	x	x
Tattoo parlor/studio					x	x		x
Taxicab/limousine operations				x	x	x	x	x
Temporary use (see section 508)	x		x	x	x	x	x	x	x	x	x
Theater production, outdoor					s/BOA	s/BOA	s/BOA	s/BOA
Therapeutic community			s/BOA					s/BOA
Tiny home	x	x
Tobacco sales warehouse					x			x	x	x
Tobacco processing									x	x	x
Transient/homeless shelter							s/CC	s/CC
Truck terminal activities repair and hauling and/or storage								x	x	x
Utility station or substation	s/BOA		s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wholesale sale (with operations conducted and merchandise stored entirely within a building and not otherwise listed herein)								x	x	x	x
Wireless communication tower less than 100 feet in height (see note 23)	x		x	x	x	x	x	x	x	x	x
Wireless communication tower 100 feet or greater in height (see note 23)	s/BOA		s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Yard sale (attic sale, lawn sale, or garage sale) as an accessory use to a residence or church or civic, cultural, educational, charitable, or similar organization (see note 24)	x		x	x	x	x	x	x	x	x	x
Youth development center									s/CC	s/CC

Notes to the zoning use tables. This section includes use-related regulations that apply to land uses allowed in one (1) or more zoning districts as a use-by-right.

Adult day center in nonresidential districts. Adult day center which is permitted by right in zoning districts outside the community development enterprise overlay areas shall comply with the following:

The center shall meet all applicable state requirements for standards, licensing and inspections.

If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed care center, parking area and play/recreation yard are required to be shown on the site plan.

In zoning districts where permitted by right, care centers may operate between the hours of 6:00 a.m. and 7:00 p.m. and additional hours between 7:00 p.m. and 6:00 a.m., depending upon the nature of the request and the nature of the adjoining property. The certificate of occupancy/compliance issued for operation between the hours of 7:00 p.m. and 6:00 a.m. shall be valid for a period of twenty-four (24) months, after which the certificate shall be considered for renewal upon a similar finding of facts.

Bufferyards shall be in accordance with section 704 of this LDC.

Driveways and drop off areas shall be provided so that traffic associated with the use does not impede the flow of traffic on adjacent streets.

Spatial distribution: There shall be a minimum seven hundred fifty (750) foot radius, measured from the proposed building to an existing adult care center's lot line(s), between adult care centers. This separation requirement is not applicable to "adult care home occupations".

The exterior lighting plan is required and shall meet the following guidelines. Exterior lighting shall be less than three thousand (3,000) lumens, including spotlights and floodlights, and shall be angled so that the center of the beam will strike the ground within the property line. Any light with less than three thousand (3,000) lumens may be used without restriction to light distribution or mounting height, except that no spot or flood light may be aimed, directed, or focused such as to cause direct light from the fixture to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public or private street rights-of-way.

Noise from activities conducted on the care center site shall not exceed a noise level which is clearly audible (eighty-five (85) decibels) at a distance of more than one hundred (100) feet from the care center's lot line, measured in a straight line.

Adult day centers may not care for more than twenty (20) adults at any time between the hours of 7:00 p.m. and 6:00 a.m. A special use permit shall be required to increase the center's capacity beyond twenty (20) or to increase the center's operating hours to include hours between 7:00 p.m. and 6:00 a.m.

Adult day home occupation. Adult day home occupations uses must comply with subsection 503.C.13., home occupations.

Adult entertainment establishment. It is the intent of this provision to establish reasonable regulations to prevent a concentration of adult establishments within the city and to provide a buffer between adult establishments and the protected uses specified below. Adult establishments are permitted in B-2 and B-5 districts subject to the following standards:

Separation from other adult entertainment uses. Any structure in which an adult establishment is the principal or accessory use shall be separated by a distance of at least five hundred (500) feet (determined by a straight line and not street distance, without regard to intervening structures or objects) from any other adult establishment.

Separation from other uses. Any structure in which an adult establishment is the principal or accessory use shall be separated by a distance of at least five hundred (500) feet (determined by a straight line and not street distance, without regard to intervening structures or objects) from any residential zoning district, or other zoning district in which residential use is a use by right, any school, church, childcare center, public park, or playground.

Prohibited activities. An adult entertainment use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall apply to any display, decoration or show window.

The distance for the separation from residential zoning and other protected uses shall be measured from the closest edge of the building occupied by an adult establishment to the nearest property line of the residential zoning district or other zoning district in which residential use is a use by right, or to the property line of a protected use. The distance for the separation between adult establishments shall be measured from the closest edges of the buildings occupied by adult uses.

No more than one (1) adult establishment may be located within the same structure.

Adult establishments are permitted in any district within an enclosed retail shopping mall without regarding to separation provided such establishments have their only frontage upon the enclosed mall isolated from view from public streets, churches, childcare centers, schools, public parks, and public playgrounds. An adult establishment within an enclosed retail shopping mall shall not display any signs, graphics, or other depictions or descriptions that are in any way related to "specified sexual activities" or specified "anatomical areas" and are visible from the interior or exterior of the mall.

Automobile/vehicle wash facilities. All automobile and truck wash facilities require site development plan review prior to granting of any building permit. In addition, the following standards shall be met.

All new or enlarged car or truck washing facilities shall provide paved parking for all areas used by vehicles for washing, drying, parking and access. Adequate area must also be provided for vehicles after washing.

For facilities with ten (10) bays or less, parking or waiting space in lanes shall be provided for three (3) vehicles behind each bay. For facilities with eleven (11) bays or more, parking or waiting space in lanes shall be provided for two (2) vehicles behind each bay. All such waiting lanes shall be provided on private property.

When any such facility is located on a lot abutting a residential zoning district, there shall be a ten (10) foot landscaped buffer provided along with an eight (8) foot opaque fence adjacent to the residential district.

Any entrance to or exit from the car or truck wash facility shall be by way of a major street.

Any storage of materials and supplies used in conjunction with the wash facilities shall be enclosed within a building or totally screened from view from a public right-of way or adjacent residential property.

All federal, state or local requirements for pretreatment of wastewater disposal into the public sanitary sewer system shall be met prior to issuance of building permits.

Drainage from the washing at the facility shall not be discharged into the street or storm-water drainage system.

Automotive service station and vehicle repair. Automobile service stations and vehicle repair shops shall be permitted provided the following conditions are met:

Reserved.

The service station is limited in function to dispensing gasoline, oil, grease, antifreeze, tires, batteries and automobile accessories directly related to motor vehicles; to washing, polishing and servicing motor vehicles, only to the extent of installation of the above-mentioned items; and to selling at retail the items customarily sold by service stations;

The service station shall not overhaul motors, provide upholstery work, auto glasswork, painting, welding, bodywork, tire recapping or auto dismantling;

The service station shall not rent or sell motor vehicles, trailers or major replacement parts;

The service station shall provide a screen planting and/or fence along the property lines that abut residential properties. Lighting facilities shall be arranged and of such nature that nearby residential properties are not disturbed;

Service stations shall extinguish all floodlights at the close of daily operation or 11:00 p.m., whichever is earlier;

Automobile service stations located within the City shall have no gasoline or oil pump located within twelve (12) feet of any street right-of-way line. Outside the city, no such pump shall be located within fifteen (15) feet of any street right-of-way line;

In zoning districts where trucks or other vehicles are displayed as an accessory use for rent, the site plan shall indicate the area to be used to display rental vehicles. Spaces for rental vehicles shall be in addition to any parking spaces required for operation of the other activities. Rental activities may not occupy more than fifty (50) percent of the site area;

Storage of vehicles for fifteen (15) days or more or junking of vehicles shall be prohibited. Vehicle sales shall also be prohibited;

Replacement parts or accessories shall be stored inside. Discarded parts shall not be allowed to accumulate in open storage. Service station repair shall be limited to minor work. Painting or other bodywork shall be prohibited in service stations;

Vehicles associated with the use shall not be stored or repaired within federal, state, or local public rights-of-way, including streets and sidewalks. Uses not covered by an existing site plan shall organize the off-street parking areas to provide adequate customer parking and access for emergency vehicles;

Nothing in this subsection shall be construed as allowing properties designated as service stations or vehicle repair shops to be involved in disassembling, tearing down, or scrapping of a vehicle or to permit one (1) vehicle to be scavenged or stripped for parts for use on another vehicle.

Bed and breakfast inns. When allowed, bed and breakfast inns shall be subject to the following additional requirements:

An approved floor plan shall be kept on file with the inspections division;

The owner shall reside on site. An owner shall be an individual with a twenty-five (25) percent or greater interest in the inn;

The use is considered a commercial activity and requires site plan approval;

Parking shall not be detrimental to nearby properties due to excess noise, odor, glare or other factors;

Nothing which contributes to the historic nature of the neighborhood in which the bed and breakfast inn is located may be removed to provide additional space for the inn or parking for the inn;

There shall be no other bed and breakfast inn within four hundred (400) feet of the property. This distance requirement may be reduced by the approving authority with a determination that public health, safety and welfare shall be preserved. Inside the corporate limits, the inn shall be located only in a historically significant structure;

There shall be no substantial modifications to the exterior appearance of the structure; however, fire escapes, handicapped entrances and other features may be added to protect public safety;

No interior modifications shall be injurious to the historic character of the structure, including but not limited to, floors, woodwork, chair rails, stairways, fireplaces, windows, doors, cornices, festoons, moldings, and light fixtures;

Breakfast shall be served on the premises only for guests and employees of the inn. Rooms may not be equipped with cooking facilities. No other meals shall be provided on the premises;

Parking shall not be allowed in any front yard;

Signs shall conform to the requirements of the section 708 of this LDC;

No more than one (1) employee who is not a full-time resident of the dwelling shall be allowed;

A minimum of two (2) off-street parking spaces, plus one (1) space per guest room shall be provided;

A maximum of five (5) guest rooms are provided;

No exterior evidence of the bed and breakfast shall be allowed, except for one (1) attached sign no larger than three (3) feet by six (6) feet;

No food preparation, except beverages, is allowed within individual guest rooms and meal service shall be restricted to overnight guest only;

The resident operator shall keep a current guest register including names, permanent addresses, and dates of occupancy and motor vehicle licenses for all guest.

Boardinghouses, rooming houses, and commercial dorms. When allowed, boardinghouses, rooming houses, and commercial dorms shall be subject to the following additional requirements:

A site plan is required for boardinghouses, rooming houses, and commercial dorms;

The site plan shall include as an additional requirement an approved floor plan showing the number of rooms and the proposed number of tenants. The floor plan shall be kept on file with the inspections division;

Off-street parking shall be provided in conformance with the standards of this LDC;

In granting any use permit, the approving body shall find that the use will not be detrimental to adjacent uses due to noise, glare, traffic or other factors;

In cases where the use is a special use, the approving body may require additional conditions to protect public health, safety, and welfare.

Childcare centers in nonresidential districts. Childcare centers which are permitted by right in zoning districts outside the community development enterprise overlay areas shall comply with the following:

The center shall meet all applicable state requirements for standards, licensing and inspections;

Care centers shall provide one hundred (100) square feet of outdoor recreation space per child client;

Outdoor recreation areas shall be enclosed by a solid or open fence or wall at least five (5) feet in height. Where the outdoor recreation area is directly adjacent to a street or a residentially used or zoned lot, a solid fence or wall at least six (6) feet high or the maximum applicable fence/wall height limitations, or an open fence at least four (4) feet high and a vegetative buffer as detailed in section 704 of this LDC shall be erected. In addition to standards in section 704, shrubs required shall be a minimum of three (3) feet in height when planted and shall reach a minimum height of six (6) feet within three (3) years of planting;

All outdoor recreation space shall be useable for recreation and play purposes (as an example, streams, marsh land or other unsuitable areas shall not be credited toward the play space requirement.) Outdoor recreation areas must be fenced in accordance with the standards herein;

All care centers and nursery schools shall provide a six (6) foot high fence between their lot and any adjacent properties. Open fencing may be provided next to public rights-of-way and nonresidential districts;

Driveways and drop off areas shall be provided so that traffic associated with the use does not impede the flow of traffic on adjacent streets;

Spatial distribution: There shall be a minimum seven hundred fifty (750) foot radius, measured from the proposed building to an existing childcare center's lot line(s), between childcare centers. This separation requirement is not applicable to "childcare home occupations";

Noise from activities conducted on the care center site shall not exceed a noise level which is clearly audible (eighty-five (85) decibels) at a distance of more than one hundred (100) feet from the childcare center lot line, measured in a straight line;

Childcare home occupations. Childcare home occupations uses must comply with subsection 503C.13., home occupations. In addition, childcare home occupations shall be limited to providing supervisory care for no more than five (5) preschool children and three (3) school-aged children at any one (1) time (including preschool aged children who reside in the home and not including the provider's own school-aged children).

10.

Dwelling, multistory, adaptive reuse of historic properties. For projects involving the adaptive reuse of a historic structure listed or eligible for nomination to the National Register, the following provisions for multistory residential high density uses shall apply:

Minimum lot area. Within the central city area: One-half (½) acre. All other properties: Two (2) acres minimum and ten (10) acres maximum lot area.

Allowable density: For projects with less than four (4) stories, the maximum allowable density shall be thirty-two (32) units per acre. For projects, which have four (4) or more stories, the maximum allowable density shall be determined by the mathematical relationship of the number of parking spaces and maximum lot coverage to the land area within the project.

Building height. Within the central city area the principal buildings shall not be less than three (3) stories. No building height shall exceed eighty-five (85) feet. For historic properties, height of associated new construction shall be compatible with the height of the existing historic structure.

Parking requirement. Same as provided in section 707, except that the parking ratio may be reduced to one (1) space per two (2) dwelling units for projects used exclusively by the elderly. In the event that an "elderly" project converts to a "non-elderly" project, the parking provisions of section 707 shall apply.

Lot coverage. Not more than eighty (80) percent of the total plot area shall be covered by parking and buildings. The remaining twenty (20) percent shall be landscaped and maintained as open space or developed for recreational uses in accordance with the anticipated needs of the intended occupants. The maximum percentage of lot coverage may be increased by that amount of floor area devoted to open-air recreation use either on the roof or balconies. In such cases, the maximum lot coverage shall not exceed ninety (90) percent of lot area.

Yards: The minimum front, side, and rear yards shall be in conformance with the applicable district regulations. For each story above three (3) stories, an additional five (5) foot setback shall be added to the required front, side, and rear yards.

11.

Family care or group home. Neither a family care home nor a group home for developmentally disabled adults shall be permitted to be located within a seven hundred fifty (750) foot radius of any existing family care home; group home for developmentally disabled adults; group care facility; shelter for women or families, with or without children; transient shelter, or rehabilitation facility (as classified under the previous LDC).

12.

Garden centers and businesses with permanent outdoor displays of merchandise. When allowed, those displays such as garden centers or home building supplies, not including vehicle sales and rentals or heavy equipment sales and rentals, shall be subject to the following additional requirements:

The area displaying the merchandise shall be an accessory to an enclosed retail sales or rental area which is the primary retail business area. The outdoor display area shall be immediately adjacent to the primary sales or rental area and shall be shown on an approved site plan;

The merchandise shall not be located in the front yard or designated parking lot;

The area displaying the merchandise must be screened from any adjoining residential use or zone. Refer to buffers in section 703 for additional information;

Permanent displays may not block sidewalks or parking areas, and may not impede vehicular or pedestrian traffic.

13.

Home occupation. Where allowed, home occupations shall be subject to the following additional regulations:

Only members of the family residing on the premises and one (1) nonresident employee shall engage in the home occupation;

The home occupation shall be clearly incidental to the primary use as a residence. The home occupation use shall not exceed twenty-five (25) percent of the floor area of the livable portion of the dwelling or five hundred (500) square feet, whichever is less, except for child or adult care (home occupations), and room and/or board operations, all of which are not subject to the floor area limitation. Room and/or board operations may provide lodging for no more than three (3) persons. Internal alterations or construction modifications not customary in dwellings shall be prohibited. Exterior modifications to the dwelling to accommodate the home occupation shall be prohibited;

There shall be no trade or display of merchandise carried on inside or outside of the dwelling. No outside storage shall be used in connection with the home occupation. Any storage of wholesale or retail stock or materials used in conjunction with the home occupation shall not exceed twenty (20) percent of the area devoted to the home occupation, shall be stored totally within the dwelling or inside an accessory structure, and shall be out of view from the street and neighboring properties;

No external evidence of the operation of the home occupation shall be displayed or created outside the building or displayed through means of windows or openings in the structure except for one (1) unanimated, non-illuminated accessory identification sign no greater than one (1) square feet, placed flat against a wall or door or displayed in a window, one (1) sign for each street on which the building is located;

Parking associated with the use shall be on site and in the rear yard;

No occupation shall be permitted that in combination with the associated residential use generates more than the average of eighteen (18) daily vehicle trips (ADT) per day, as specified in the Institute of Traffic Engineer's Trip Generation Manual for trips per residence;

No goods, products or commodities bought or secured for the express purpose of resale on-premises shall be sold at retail or wholesale on the premises. Distributor home occupations providing home pick-up or infrequent product demonstrations primarily for associated distributors on site are permitted;

No machinery that causes noises or interference with radio or television reception shall be permitted;

No hazardous materials may be manufactured, stored, processed or disposed of on the premises;

No equipment or process shall be used in connection with the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference which is detectable off-site;

Vehicles used primarily as passenger vehicles shall be permitted in connection with the home occupation. Only one (1) commercially licensed vehicle shall be allowed. This vehicle may not exceed one (1) ton capacity. Not more than one (1) home occupation-related vehicle shall be permitted to be parked on the lot of the dwelling. The vehicle must not be greater than twenty (20) feet in length or eight (8) feet in height;

No mechanical equipment shall be used or activity conducted that creates any noise, dust, fumes, odor, vibration, glare or electrical disturbance detectable to the normal senses off the lot on which the home occupation is conducted. Power shall be limited to electric motors with a total limitation of three (3) horsepower per dwelling unit;

All home occupations shall be required to obtain an annual home occupation permit from the city renewable each year after initial application. The required permit fee shall be in accordance with the adopted Rocky Mount fee schedule. Failure to comply with this provision shall be grounds for revocation;

Professional services such as the offices of an accountant, architect, beautician, engineer, lawyer, medical practitioners or photographer shall be permitted providing all the other requirements of home occupations are met.

A home occupation shall not be construed to include, among other like uses, personal and business services such as massage, cosmetology, barber and beauty shops with more than one (1) chair or station, tea rooms, restaurants, rest homes, clinics, medical offices, childcare center, bed and breakfast homes, kennels, dog grooming, radio and television repair, furniture or cabinetmaking, food processing for sale, auto servicing or repair, lawn mower or other lawn equipment servicing or repair, or metal fabrication.

Any home occupation use permits granted prior to the adoption of this LDC shall remain as valid nonconforming occupations.

14.

Hospital, general. A general or similar hospital shall be subject to the following conditions:

Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within fifty (50) feet of its intersection with an arterial;

No building, work area or recreation area shall be within fifty (50) feet of a resident district boundary.

15.

Hospital. When allowed, hospitals and convalescent centers shall be subject to the following additional requirements:

Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within fifty (50) feet of its intersection with an arterial;

No building, work area or recreation area shall be within fifty (50) feet of a resident district boundary.

Side and rear yards shall be at least twenty-five (25) feet or the minimum required by the zoning district, whichever is greater. Building setback shall be at least fifty (50) feet.

Convalescent centers: The minimum lot area shall be five hundred (500) square feet for each bed. All yards shall be at least twenty-five (25) feet or the minimum required by the zoning district, whichever is greater.

Service facilities: Such as gift shops, snack bars and personal service shops may be provided if the facilities are completely within the building and designed to serve patrons of the facility and their visitors only.

16.

Kennels and veterinary establishments. In addition to the requirements found elsewhere in the LDC, kennels and veterinary establishments, if allowed, shall conform to the following requirements:

A kennel main facility shall not be constructed or maintained within three hundred (300) feet of a property line adjoining a residential zoning district.

A kennel with outdoor runs that are constructed or maintained within two hundred (200) feet of a residential zoning district shall be enclosed by a solid fence or a wall, a minimum of six (6) feet high.

All kennels must also conform to all of the provisions of this LDC and animal control provisions, of the City Code.

17.

Manufactured housing sales. In addition to the requirements found elsewhere in the LDC, manufactured home sales, if allowed, shall conform to the following requirements:

Separation from residential. A landscaped buffer shall be provided between a manufactured home sales facility and any residentially zoned or used property. The buffer shall contain plant materials that conform to the standards for a Class 5 buffer [eighty (80) foot].

Landscaping. In addition to the landscaping requirements found elsewhere in the LDC, the following landscaping shall be provided.

between the manufactured homes used for display and any street: a) a hedge which is at least twenty-four (24) inches in height;

ii.

adjacent to nonresidential zoned or used property: Landscaping which conforms to the requirements for landscaping on the perimeter of parking lots. Adjustments to the landscaping which results in the same or better performance shall be allowed by the development review committee [DRC].

Floodways. Manufactured home sales facilities shall not be located within the floodway fringe.

Site plan. In addition to the site plan requirements found elsewhere in this LDC, the site plan shall define display areas, storage and repair areas, office, and parking areas, landscaping materials, and materials used to obstruct off site views. Other accessory uses, for example, rental vehicles or storage building sales may not locate on the site unless the use has been designated on the site plan. All travel lanes, access lanes, storage areas, pedestrian areas, parking spaces and display home footprint spaces shall be covered with a dust free, all weather surface. The approving authority may add additional conditions to the site plan to protect the health, safety and welfare of the public.

Parking. Parking spaces shall be provided at a rate of five (5) per one thousand (1,000) square feet of office space.

Lot coverage. The maximum lot coverage allowed is eighty (80) percent.

Setbacks. The nearest edge of the manufactured homes shall be set back from the ultimate right-of-way of all adjacent streets, at least twenty-five (25) feet or the distance of the front yard requirement of the zoning district, whichever is greater; and at least ten (10) feet from adjacent nonresidential property lines for the requirements of the zoning district, whichever is greater. Office structures shall observe the setback requirements of the zoning district in which they are located.

Storage and repair. Storage and repair activities shall be screened for off-site views. Replacement or discarded parts and accessories shall be screened from off-site views.

Signs. Signs shall conform to the sign regulations of the zoning district in which the use of located. In addition, each display home may have a sign not to exceed three (3) square feet in area, which gives information about the home.

Display homes. A minimum separation of at least ten (10) feet shall be maintained between display homes. Display homes shall be level and blocked. Display homes, visible off-site, shall be provided with some type of material and/or landscaping around the base which will prevent open views underneath the manufactured home. Access to the display homes shall be through a stairway or other means that has a permanent appearance.

Manufactured home (individual) for residential occupancy. Manufactured homes to be used for residential occupancy on individual lots in R-8 zones must conform to the definition of a Type A manufactured home, except that the parallel orientation of the unit to the lot frontage may be waived by the building inspector if it is determined that a different orientation would be more compatible with existing homes in the immediate vicinity. Such a determination shall be made only where it is clear that the parallel orientation is not compatible with the surrounding existing homes.

18.

Church/religious institution. When allowed, all churches and religious institutions shall be subject to the following additional requirements:

In all zoning districts churches and religious institutions shall have adequate lot size to meet the yard requirements of the zoning district in addition to the area used to meet parking requirements. Yard space may not be counted toward required parking spaces. In the central business district, residential district parking standards shall apply.

The parking lot landscaping standards found elsewhere in this LDC apply.

Belfries or steeples shall be exempt from the height requirement.

At site plan approval, additional conditions may be imposed to protect nearby property from any detrimental effects due to traffic, noise or other factors.

A church, synagogue, temple, or other religious institution including Sunday school facilities located in or adjacent to any residential district shall have its principal vehicular entrance and exit on a major street or on another arterial within one hundred fifty (150) feet of its intersection with a major street.

19.

Nursing home. When allowed, nursing homes shall be subject to the following additional requirements:

Residential suites or assisted living units are considered to be rooms or suites with bathrooms but without cooking facilities designed for habitation by one (1) or two (2) individuals in a project designated for senior housing. They shall be permitted to be constructed at the same density as the base density for dwelling units. In some situations described in this Section the density of these units may be increased to twice the base density.

The dwelling unit density shall not exceed the dwelling unit density of the underlying zoning district, for the purposes of this section, called the "base density" except in the following circumstances:

If the nursing home has the following on-site common use facilities: dining, recreation, health care, and a convalescent center; the density for any associated multi-family units shall not exceed two (2) times the allowed multi-family base density for the zone.

If the nursing home has the following on-site common use facilities: dining, recreation, health care, a convalescent center, and multi-family units; the density for any associated single-family detached units shall not exceed one and one-half (1.5) times the allowed multi-family base density of the zone.

20.

Recreation or amusement enterprise (conducted inside a building and for profit and not otherwise listed herein):

Location: The lot shall be located a minimum of two hundred fifty (250) feet, measured from lot line to lot line, from an existing single-family dwelling unit.

Parking: One (1) parking space per each two hundred (200) square feet of building area.

Plans are required and must show:

Structures: Location and size of all existing and proposed buildings and site improvements and on lot adjacent thereto.

Other requirements:

The use is limited to physical fitness centers, exercise and weight rooms, health clubs and health spas, and gymnasiums.

The use is operated on a membership basis and payments for the recreational facilities and services are made on an installment basis of not less than monthly, rather than on any pay for use, hourly, daily, or weekly basis.

If an outdoor swimming pool is to be provided, it shall be enclosed by a protective fence a minimum of five (5) feet in height. If the fence is not a solid fence, in addition to the fence, an evergreen plant screen of not less than five (5) feet in height shall abut the fence.

Plans must be approved by the planning board before the special request is submitted to the board of adjustment.

21.

Salvage operations and junkyards. Any junkyard, salvage or auto wrecking yard, or other facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances shall be subject to the following provisions:

Any exterior storage or processing area of a junkyard, salvage or auto wrecking yard, or facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances located within one hundred (100) feet of any street shall be screened by a solid, opaque wall or fence at least eight (8) feet high located visibility from any street. The fence shall be eight (8) feet high, measured from the lowest point of grade. The fence shall be maintained in good condition. No stored materials shall be visible from ground level immediately outside the fence.

The screening wall or fence shall not be used for advertising purposes, with the exception of an identification sign not to exceed ten (10) square feet in size.

The applicant shall demonstrate that the stored materials will not pose a danger to surrounding properties, or residents, due to noise, runoff, animal or insect populations or other factors.

The site may not be located adjacent to residentially zoned property.

A landscape screen shall be provided in conformance with section 703.

22.

Storage of flammables and liquids. The storage of flammables shall not be permitted or considered a use-by-right except when such authorization for said use is given, stating compliance with the provisions contained in the current State of NC Fire Prevention Code and as subsequently adopted by the city council, by the Fire Chief of the City of Rocky Mount for those properties within the city or those under contract for fire protection services with the City of Rocky Mount, or by the respective county fire marshal relative to other properties in the extraterritorial jurisdiction of the city. However, the permitted use of bulk storage of bottled gas (distribution) or storage of flammables is prohibited in the fire limits within the City of Rocky Mount on file with the city clerk.

23.

Wireless communications towers. Wireless communications towers shall be a permitted use in any zoning district when attached to or located on an existing tower, facility or structure (excluding a single-family residence), provided such addition does not add more than twenty (20) feet to the height, nor protrude more than eighteen (18) inches from the vertical plane of any existing tower, non-residential structure or facility. No equipment cabinets required to support these antennas shall be permitted to encroach upon a required yard setback. Towers/antennas shall blend with the structure to which they are attached. Location of a wireless communications tower on a building or substantial structure, such as a water tower or non-residential building, shall not require a special use permit for the antenna or the primary structure.

For new towers less than one hundred (100) feet in height, towers must be set back far enough to prevent the tower fall zone from encroaching onto adjacent lands. Security fencing six (6) feet in height shall be installed around the base of the tower or the tower shall be equipped with an engineered certified anti-climb device. Any tower that ceases to be used for communications broadcasting and/or broadcast receiving for a period of more than six (6) months shall be removed by the property owner at his/her expense.

24.

Yard sales, procedures and regulations. A yard sale, as defined in Chapter 14, shall be limited to the daylight hours of no more than two (2) consecutive days four (4) times during a calendar year. No more than two (2) signs of not more than six (6) square feet each may be displayed on the property of the residence where the sale is held. Permits are not required for such signs. Signs may not be exhibited for more than two (2) days prior to the day the sale is to commence and must be removed at the completion of the sale. The provisions of this section shall not apply to or affect the following persons or sales:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

Any person conducting an incidental sale of one (1) or two (2) separate items when such sale is not part of a general sale of a number of items or personal property.

25.

Continuing care retirement community. When allowed, CCRCs shall be subject to the following additional requirements:

CCRC shall be included in an approved PDR development plan.

Prior to the issuance of a certificate of occupancy, a copy of all required licenses from any state agencies shall be submitted to the director of development services or designee for review.

Residential facilities may include single family, multi-family, apartments, town homes, and condos.

Incidental uses may include retail, restaurant, and recreation, pharmacy and 24-hour health care services.

24-hour onsite supervision for residents shall be required (security and medical care).

Parking and signage shall comply with approved development plan or city sign requirements.

26.

Office use (with no on-premise stock of goods for sale to the general public and the operation and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communication material). A certificate of occupancy/compliance may be issued for a mobile office, for use as a temporary field office for contractors, by the supervisor of inspection services or his authorized agents without approval of the board of adjustment, if the mobile office:

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

Is not moved to the site more than thirty (30) days prior to construction and is not removed later than thirty (30) days after construction has been completed;

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

Is justified by the size and nature of the construction project;

Is to be used for a period not to exceed eighteen (18) months;

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

Is parked in a location approved in advance by the supervisor of inspection services or his authorized agents;

Sanitary facilities are connected with an approved sewer system;

Electrical facilities are connected in compliance with regulations as set forth in the 1971 National Electrical Code, and as subsequently adopted by the city council.

27.

School: elementary, junior high and high school. A certificate of occupancy/compliance may be issued for a mobile office for use as a mobile classroom by a public or private school, for a school administrative mobile office and for a manufactured home sales office without approval of the board of adjustment, if the mobile office's:

Sanitary facilities are connected with an approved sewer system.

Electrical facilities are connected in compliance with regulations as set forth in the 1971 National Electrical Code, and as subsequently adopted by the city council.

Provisions pertaining to a mobile office foundation and anchorage of the mobile office to the foundation, as contained in the state of North Carolina Regulations for Mobile Homes, 1972 edition, as subsequently adopted by the city council, are adhered to.

28.

Reserved.

29.

Fabrication, light manufacturing. Fabrication facilities shall be permitted provided the following conditions are met:

No outside storage of products or materials used to be assembled shall be allowed.

In a B-2 or B-5 zoning district the subject parcel shall have a minimum lot area of four (4) acres.

30.

Service and supply: A building/compartment in a building or designated yard area used by the owner for the deposit and safekeeping of supplies and equipment. Storage of supplies and equipment shall be permitted provided the following conditions are met:

The subject parcel shall have a minimum lot area of three (3) acres.

Any exterior storage of supplies or equipment shall be screened from view along the entire length of the right-of-way and any adjoining property by a solid, opaque wall or fence. The fence shall measure at least six (6) feet above grade along its entire length. The fence shall be maintained in good condition.

Commercial sales of merchandise shall be prohibited.

31.

Crematory: Documentation shall be submitted indicating that all North Carolina state licensing requirements associated with the crematory have been fulfilled prior to the operation of the facility.

32.

Railroad yard operations. In the A-1 zoning district, railroad yard operations shall be permitted provided the following conditions are met:

Area: The subject site shall have a minimum lot area of one hundred (100) acres;

Landscaping: The subject site shall install and maintain a landscaping buffer between adjacent properties in accordance with section 704 of this LDC. The railroad yard operations shall be classified as a class V land use for this purpose;

The subject site shall be contiguous to an existing railroad right-of-way or other property used for railroad yard operations;

The subject site shall be located in its entirety within three thousand five hundred (3,500) feet of the railroad right-of-way; and

Site development plans for railroad yard operations shall be considered a level III project subject to review and approved by the DRC.

(Ord. No. O-05-2, § 1, 1-10-05; Ord. No. O-05-30, § 1a.—c., 4-25-05; Ord. No. O-05-82, § 1a.—c., 9-12-05; Ord. No. O-05-34B, § 1(Att. A), 5-9-05; Ord. No. 0-06-1, §§ 3, 4, 1-9-06; Ord. No. 0-06-18, § 2, 2-13-06; Ord. No. O-06-28, § 4a.—c., 4-24-06; Ord. No. 0-07-13, §§ 2a, 2b, 3-12-07; Ord. No. O-07-107, §§ 3, 4, 10-8-07; Ord. No. O-08-1, § 2, 1-14-08; Ord. No. O-08-28, §§ 2—4, 4-14-08; Ord. No. O-08-108, § 2, 8-11-08; Ord. No. O-09-2, § 3, 1-12-09; Ord. No. O-09-107, § 2, 10-12-09; Ord. No. O-10-20, § 3, 3-22-10; Ord. No. O-10-79, § 2, 9-13-10; Ord. No. O-11-29, §§ 2, 3, 3-28-11; Ord. No. O-11-117, § 2, 12-12-11; Ord. No. O-13-89, §§ 2, 3, 9-23-13; Ord. No. O-14-61, §§ 2, 3, 7-14-14; Ord. No. O-16-32, § 3, 5-9-16; Ord. No. O-16-60, §§ 3—5, 7-25-16; Ord. No. O-16-62, § 3, 4, 8-8-16; Ord. No. O-18-71, § 3, 7-9-18; Ord. No. O-18-78, § 3, 8-13-18; Ord. No. O-19-58, § 2, 7-8-19; Ord. No. O-21-68, §§ 3, 4, 8-9-21)

Sec. 504. - Historic preservation and landmark overlay district.

Purpose of historic districts. Historic districts are defined as "districts which overlay other zoning districts." All uses permitted in any such district, whether by right or as a special use, shall be permitted in the historic district, unless specifically otherwise.

Local historic landmarks. Upon complying with the required landmark designation procedures set forth in this LDC, the city council may adopt and from time to time amend or repeal an LDC designating one (1) or more local historic landmarks. No property shall be recommended for designation as a local landmark unless it is deemed and found by the commission to be of special significance in terms of its historical, archeological, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.

Enforcement and remedies. Compliance with the terms of the certificate of appropriateness shall be enforced by the administrator. Failure to comply with the certificate shall be a violation of the zoning LDC and is punishable according to established procedures and penalties for such violations. In case any building, structure, site, area or object designated as a landmark or within a historic district is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed except in compliance with this division, the city council, the commission, or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful demolition, destruction, material alteration, remodeling or removal, to restrain, correct, or abate such violation, or to prevent any illegal act or conduct with respect to such a building or structure.

Sec. 505. - Community enterprise district overlay.

General. The location and boundary of the overlay districts shall be shown on the "Official Zoning Map, City of Rocky Mount and Extraterritorial Area". These maps, together with everything shown thereon and all amendments, thereto, are hereby adopted and are declared to be an integral part of this local ordinance. All overlay districts must be defined by area and by eligibility criteria in this section.

Community enterprise district (CED).

The purpose: To create an overlay district for sustainable community development, to advance the creation of livable and vibrant community through comprehensive approaches that coordinate economic, physical, environmental, community and human development. The community enterprise district permits specific activities that support the revitalization of the defined area, and identifies the conditions under which such activities can occur. Establishment of this CED enables the board of adjustment to permit on a case-by-case basis the following special use:

Childcare centers in residential zoning districts.

Criteria for establishment of district boundaries:

Eligibility of an area to be included in the community enterprise overlay district is based upon conditions of pervasive poverty, unemployment and general distress. All calculations shall be based upon the most recent available census data, or verifiable local or state government statistics for the specific census or block group being considered.

Community enterprise overlay district: District boundaries shall follow 2000 census block group boundaries in blocks 202.1, 202.2, 202.5.

District boundaries must be continuous and contiguous. Satellite districts are not permitted.

Eligibility of an area shall be established as follows:

Poverty rate calculation:

In each census tract within a nominated area, the poverty rate shall not be less than twenty (20) percent;

For at least ninety (90) percent of the population census tracts within the nominated area, the poverty rate shall not be less than twenty-five (25) percent; and

For at least fifty (50) percent of the population census tracts within the nominated area, the poverty rate shall not be less than thirty-five (35) percent.

Unemployment rate standard; An unemployment rate at one hundred fifty (150) percent of the national unemployment rate, as calculated by the most recent available census data for each proposed block group.

General distress standard; A minimum of three (3) supporting general distress indicators other than poverty rate and unemployment rate indicating sustained or increasing distress must be provided for the census block group boundary.

This community enterprise district boundary shall not be expanded or amended under this LDC.

Criteria for approval of childcare centers in the community enterprise district:

Meet all special use permit requirements for childcare center in chapter 7, table of regulations for special uses.

Sec. 506. - Zoning special use permit standards and conditions.

Special uses are uses requiring approval of the board of adjustment or the city council, which has jurisdiction over the property where the proposed use is to be located. In considering whether to approve an application for a special use permit the city council shall follow the same procedures specified herein for the board of adjustment, except that no vote greater than a majority vote shall be required for the city council to issue such permit. The uses categorized as special uses are generally considered to be appropriate in a particular zoning district but because of their complexity and potential for off-site conflicts, require individual review by the board or the city council. Permitted special uses add flexibility to the zoning LDC. Subject to high standards of planning and design, certain property uses are allowed in the several districts where those uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses that would otherwise be undesirable in certain districts can be developed to minimize any negative effects they might have on surrounding properties.

General findings. Applications for Special Use Permits shall be approved only if the Board of Adjustment (BOA) or the City Council (CC) finds that the use as proposed, or the use as proposed with conditions:

Will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved;

Meets all required conditions;

Will not adversely affect the use or any physical attribute of adjoining or abutting property, or that the use is a public necessity; and

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 in general conformity with the plan of development of Rocky Mount and its environs.

If the board or council fails to find conformance with the conditions listed above, then the proposed permit shall be denied.

Considerations. The applicant shall demonstrate that the applicable considerations for findings specific to a particular use as set forth in this section have been addressed. If an application is denied, the board of adjustment or city council shall specify which of these considerations, if any, were not addressed. The board of adjustment or city council may place conditions on the use as part of the approval to assure that adequate mitigation measures are associated with the use. The conditions shall become a part of the special use permit approval. Violations of any of the conditions shall be treated in the same manner as other violations of this LDC.

Circulation. Number and location of access points to the property and the proposed structures, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

Parking and loading. Location of off-street parking and loading areas.

Effect on adjacent property. Effects of the proposed use on nearby property, including but not limited to the effects of noise, glare, odor, and traffic.

Service entrances and areas. Locations of refuse and service areas with particular reference to ingress and egress of service vehicles.

Utilities. Location and availability of utilities.

Screening and landscaping. Installation of screening and fencing where necessary to protect adjacent property.

Signs and lighting. Locations of exterior lighting and signs with reference to glare, traffic safety, economic effect and compatibility with other property in the area.

Open spaces. Location of required yards and other open spaces and preservation of existing trees and other natural features.

Compatibility. The level of general compatibility with nearby properties and the appropriateness of the use in relationship to other properties.

10.

Any other review factors which the board of adjustment or city council considers to be appropriate to the property in question.

Coordination with site plans. In cases where a site plan is required, site plan applications shall be filed concurrently with special use applications and the information shall be provided to the board or council during its deliberations. However, all approvals of special use permits shall be conditioned on approval of the site plan. No building permits may be issued until the site plan and special use permit are approved. Site plan approval may be conditioned on the approval of variances.

Coordination with variances. Applications for variances may be filed with the board of adjustment under standard procedures, at any time prior to the issuance of a building permit. If the board of adjustment grants a variance prior to approval of the special use, the city council shall be advised of the variance approval. Any approved variance shall be determined to be null and void if the special use is not approved by the board. Changes in permitted uses cannot be approved by a variance.

Special use permits, BOA. Procedures for handling special uses are based upon the nature of the use. Where the possible harmful effects of the use are likely to be limited to a relatively small area, approval of a special use permit is made the duty of the board of adjustment. The uses for which special use permit approval by the board of adjustment is required are listed in Table 5, section 503, along with a detailed description of the requirements associated with the approval of each such permit. Uses specified in certain districts as special uses under section 503 shall be permitted only upon the issuance of a special use permit.

Procedure for special use permits approved by the board of adjustment. A special use permit may be issued by the director of development services or designee after approval by the board of adjustment for the uses as designated in the table of regulations for special uses found in section 503. The application for a special use permit shall accompany the application for a building permit and/or a certificate of occupancy/compliance. With the exception of special use permit requests for the occupancy of individual mobile homes under the "hardship," "agricultural areas exception," or "office and exhibition" provisions of this LDC, the board of adjustment shall hold a public hearing prior to rendering a decision on the approval of a special use permit. The special use permit, if approved, shall include approval of such plans as may be required. In approving the permit, the board of adjustment shall find:

That the use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved;

That the use meets all required conditions;

That the use will not adversely affect the use or any physical attribute of adjoining or abutting property, or that the use is a public necessity; and

That 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 in general conformity with the plan of development of Rocky Mount and its environs.

Approval. In approving the special use permit, the board of adjustment may designate such conditions in addition and in connection therewith as will, in its opinion, assure that the use in its proposed locations will be harmonious with the area in which it is proposed to be located and with the spirit of this LDC. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, and also [on] the special use permit and on the plans submitted therewith. All conditions applicable to the special use permit not included on the original application must be approved by the applicant prior to the close of the public hearing, in writing. All conditions shall run with the land and shall be binding on the original applicant for the special use permit, the heirs, successors and assigns. In order to ensure that such condition and requirements of each special use permit will be fulfilled, the petitioner for the special use permit may be required to enter into a contract with the city providing for the installation of the physical improvements required as a basis for the issuance of the special use permit. Performance of said contract shall be secured by cash or surety bond which will cover the total estimated cost of the improvements as determined by the director of public works; provided, however, that said bond may be waived by the city council within their [its] discretion. If the board of adjustment denies the special use permit, the reasons therefore shall be entered in the minutes of the meeting at which the permit is denied. In addition to the specific conditions imposed by section 503 and whatever additional conditions the board of adjustment deems reasonable and appropriate, a special use shall comply with the height, yard, area and parking regulations of the zone in which they are located. No building permit shall be issued if not in conformance to the site plan and special use permit conditions.

Resubmissions. An application for a special use that has been denied may be resubmitted only if there has been a substantial change in circumstances as determined by the director or the director's designee.

Amendments. Field alterations to approved special uses may be approved by the development review committee (DRC) if the special use still meets the intent of the standards established with the original approval. The applicant may appeal a decision of the DRC to the board of adjustment. Changes to approved special uses shall require submittal of a new application.

Special use permits common submission requirements. All special use permit applications shall include a site plan which illustrates the following:

Boundaries of the lot or parcel.

Location of buildings, signs and sign location where applicable.

Circulation: proposed points of access, egress and pattern of internal travel lanes where applicable.

Parking layout.

Lighting plan including wattage and illumination.

Screening and fencing as specified in section 704 of this LDC, however, if not otherwise required, there shall be a minimum six (6) foot high solid fence or wall or dense plant material where lot abuts a residential lot, as applicable.

Findings specific to a particular use.

Adult day center in an institutional structure.

Special use districts: A-1, R-15, R-10, R-8, R-6,, R-6MFA, MHP, PDR, and IP. However, adult day centers in A-1, R-15, R-10, R-8, R-6,, R-6MFA, MHP, and PDR districts must be located outside of a designated historic district (national and local) or a national or local landmark.

Adult day centers in the A-1, R-15, R-10, R-8, R-6,, R-6MFA, MHP, and PDR districts shall be in an institutional structure, such as a church, school, or community center. The center shall be located within the main building (including educational building) of the institutional structure.

Parking and loading: Layout of parking spaces. One (1) space for every six (6) adults or fraction thereof. In residential zones (A-1, R-15, R-10, R-8, R-6, R-6MFA, MHP), off-street parking for the adult day center shall not be located in the front or side yard. The required off-street parking shall be located in the rear yard. The parking lot shall provide a design that all vehicles shall exit the site in a forward moving direction. No parking shall be provided that would necessitate a vehicle backing onto any street right-of-way. Parking spaces provided in the abovementioned zones shall provide an opaque screen to shield view of the parking spaces from any public and/or any adjacent residentially used or zoned properties. Minimum height of said opaque screen shall be six (6) feet.

Minimum lot area: 0.5 acre (21,780 sq. feet)

Spatial distribution: There shall be a minimum seven hundred fifty (750) foot radius, measured from the proposed building to existing adult day center building line(s), between adult day centers. This separation requirement is not applicable to "adult day center (home occupations)".

Screening and fencing: Refer to parking requirement and other requirements below.

Plans are required and must show:

Structures: Location and approximate size of all existing proposed buildings and structures within the site and on the lots adjacent thereto. If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed adult day center, parking area, and outdoor area required to be shown.

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

Parking and loading: Layout of parking spaces. One (1) space for every six (6) adults or fraction thereof. In residential zones (A-1, R-15, R-10, R-8, R-6, MFA, R-6MFA, MHP), off-street parking for the adult day center shall not be located in the front or side yard. The required off-street parking shall be located in the rear yard. The parking lot shall provide a design that all vehicles shall exit the site in a forward moving direction. No parking shall be provided that would necessitate a vehicle backing onto any street right-of-way. Parking spaces provided in the abovementioned zones shall provide an opaque screen to shield view of the parking spaces from any public and/or any adjacent residentially used or zoned properties. Minimum height of said opaque screen shall be six (6) feet.

Other details requirements:

Location and extent of outdoor area.

Community centers, schools, churches and other institutional uses in residential zones (i.e. A-1, R-15, R-10, R-8, R-6, R-6MFA, MHP and PDR) must comply with the requirements listed in the following subsections (a) and (b):

In A-1, R-15, R-10, R-8, R-6, R-6MFA, MHP and PDR zones (when the subject property is contiguous to a residential land use), the special use applicant shall provide a signed written statement of support from a majority of property owners of properties within one hundred (100) feet of the subject property lines.

Adult day centers located in a residential zone may not operate between the hours of 7:00 p.m. and 6:00 a.m.

Adult day center in the CED. Adult day center require a special use permit. A special use permit shall be required to increase the center's operating hours between 7:00 p.m. and 6:00 a.m.

Special use districts: A-1, R-15, R-10, R-8, PDR, IP and O-I. However, adult day centers in A-1, R-10, R-8, R-6, R-6MFA, PDR, I-P and O-I districts must be located outside of a designated historic district (national, state or local).

The operator of a adult day centers which is characterized by the following three (3) criteria must reside in the dwelling unit containing the care center:

Located in A-1, R-15, R-10, R-8, R-6, R-6MFA and PDR, districts;

Located in an existing or former residential building; and

Operates between the hours of 7:00 p.m. and 6:00 a.m.

Minimum lot area: None

If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed care center, parking area and play yard are required to be shown on the site plan.

Spatial distribution: There shall be a minimum seven hundred fifty (750) foot radius, measured from the proposed building to existing center building line(s), between childcare centers. This separation requirement is not applicable to "adult day center (home occupations)".

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

Screening and fencing: Refer to Parking requirement and other requirements below.

Parking and loading: Layout of parking spaces. One (1) space for every six (6) adults cared for or fraction thereof. In residential zones (A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR, zones), off-street parking for the adult care center shall not be located in the front yard. The required off-street parking shall be located in the side and/or rear yards. The parking lot shall provide a design that all vehicles shall exit the site in a forward moving direction. No parking shall be provided that would necessitate a vehicle backing onto any street right-of-way. Parking spaces provided in the abovementioned zones shall provide an opaque screen to shield view of the parking spaces from any public and/or any adjacent residentially used or zoned properties. Minimum height of said opaque screen shall be six (6) feet.

Other details requirements:

Location and extent of open recreation area.

Community centers, schools, churches and similar non-residential uses in residential zones (i.e. A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR) zones are exempt from requirements listed in the following subsections (a), (b), and (c). All other applicants must comply.

In A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR, and O-I (when the subject property is contiguous to a residential land use) zones, the special use applicant shall provide a signed written statement of support from a majority of property owners of properties within one hundred (100) feet of the subject property lines

Noise from activities conducted on the childcare center site shall not exceed a noise level which is clearly audible, eighty-five (85) decibels, at a distance of more than one hundred (100) feet from the childcare center lot line, measured in a straight line.

Adult day centers: Inclusive of those established within a dwelling unit utilized as a permanent residence, may not care for more than twenty (20) adults at any time between the hours of 7:00 p.m. and 6:00 a.m. The special use permit shall specifically state whether adult day center will operate between 7:00 p.m. and 6:00 a.m.

Animal medical care (including kennel operations). Screening and fencing: A solid fence or solid wall not less than six (6) feet high or the maximum applicable fence height limitation where the lot abuts a residential lot. It is mandatory that animal medical care facilities situated in an O-I zone have all kennel areas (living quarters for animals) confined within a building. Open kennel areas are prohibited.

Assemblies (assembly hall, armory, stadium, coliseum). Screening and fencing: A solid fence or solid wall not less than six (6) feet high or the maximum applicable fence height limitation where the lot abuts a residential lot.

Automobile off-street parking lot in residential districts.

Shall meet the regulation requirements set forth in section 708.

A site plan shall be submitted showing the following:

General layout and total number of spaces.

Required landscaping.

Applicable buffering.

Points of ingress and egress.

Location of proposed lighting.

Sidewalks (if required).

Bed and breakfast.

Shall meet the regulation requirements set forth in section 503C., note 6.

Boardinghouse operation.

Shall meet the regulation requirements set forth in section 503C., note 7.

Cemetery/Columbarium.

Parking and loading: Adequate off-street parking facilities for funeral procession.

Screening and fencing: A screen of dense plant material not less than six (6) feet high where cemetery abuts a residential lot.

Other details:

Proposed restrictions, if any.

Maximum size of sign shall be thirty-six (36) square feet, and there is a limit of one (1) sign per street frontage.

For columbarium:

Columbarium shall only be allowed on property occupied by the primary church building and owned by the church.

ii.

The columbarium shall comply with all district setbacks and shall not be located in the front yard of the church.

iii.

The columbarium shall not be lighted.

iv.

No sign shall be permitted. Name markers shall not be counted as signs.

The columbarium shall be screened from the public right of way by landscaping, wall or fencing or shall be located in a courtyard interior to the structure.

Childcare centers in the CED. Childcare centers require a special use permit. A special use permit shall be required to increase the center's operating hours between 7:00 p.m. and 6:00 a.m.

Special use districts: A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR, IP and O-I. However, childcare centers in A-1, R-10, R-8, PDR, I-P and O-I districts must be located outside of a designated historic district (national, state or local).

The operator of a childcare center which is characterized by the following three (3) criteria must reside in the dwelling unit containing the care center:

located in A-1, R-15, R-10, R-8, R-6, R-6MFA, and PDR, districts;

located in an existing or former residential building; and

operates between the hours of 7:00 p.m. and 6:00 a.m.

Minimum lot area: None

Childcare centers shall provide one hundred (100) square feet of outdoor play space per attendee. If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed childcare center, parking area and play yard are required to be shown.

Outdoor recreation area of one hundred (100) square feet shall be enclosed by a solid or open fence or wall at least five (5) feet in height. Where the outdoor recreation area is directly adjacent to a street or a residentially used or zoned lot, a solid fence or wall at least six (6) feet high or the maximum applicable fence/wall height limitations, or an open fence at least four (4) feet high and a screen planting designed to grow three (3) feet thick and six (6) feet, shall be erected.

Spatial distribution: There shall be a minimum seven hundred fifty (750) foot radius, measured from the proposed building to existing childcare center building line(s), between childcare centers. This separation requirement is not applicable to "childcare (home occupations)".

Structures: Location and approximate size of all existing proposed buildings and structures within the site and on the lots adjacent thereto. If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed childcare center, parking area and recreation are required to be shown.

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

Screening and fencing: Refer to parking requirement and other requirements below.

Parking and loading: Layout of parking spaces. One (1) space for every six (6) adults cared for or fraction thereof. In residential zones (A-1, R-10, R-8, R-6, R-6MFA, PDR, zones), off-street parking for the childcare center shall not be located in the front yard. The required off-street parking shall be located in the side and/or rear yards. The parking lot shall provide a design that all vehicles shall exit the site in a forward moving direction. No parking shall be provided that would necessitate a vehicle backing onto any street right-of-way. Parking spaces provided in the abovementioned zones shall provide an opaque screen to shield view of the parking spaces from any public and/or any adjacent residentially used or zoned properties. Minimum height of said opaque screen shall be six (6) feet.

Other details requirements:

Location and extent of open recreation area.

Childcare centers shall provide one hundred (100) square feet of outdoor recreation space per attendee.

Outdoor recreation area shall be enclosed by a solid or open fence or wall at least four (4) feet in height. Where the outdoor play area is directly adjacent to a residentially used or zoned lot, a solid fence or wall at least six (6) feet high or the maximum applicable fence/wall height limitations, or an open fence at least four (4) feet high and a screen planting designed to grow three (3) feet thick and six (6) feet high, shall be erected. The city council may at its discretion require additional screening and/or fencing to be located adjacent to abutting nonresidential land uses.

Community centers, schools, churches and similar non-residential uses in residential zones (i.e. A-1, R-10, R-8, R-6, R6MFA,PDR,) zones are exempt from requirements listed in the following subsections (a), (b), and (c). All other applicants must comply.

In A-1, R-10, R-8, R-6, R-6MFA, PDR, and O-I (when the subject property is contiguous to a residential land use) zones, the special use applicant shall provide a signed written statement of support from a majority of property owners of properties within one hundred (100) feet of the subject property lines.

Noise from activities conducted on the childcare center site shall not exceed a noise level which is clearly audible, eight-five (85) decibels, at a distance of more than one hundred (100) feet from the childcare center lot line, measured in a straight line.

Childcare centers: Inclusive of those established within a dwelling unit utilized as a permanent residence, may not care for more than twenty (20) children at any time between the hours of 7:00 p.m. and 6:00 a.m. The special use permit shall specifically State whether childcare center will operate between 7:00 p.m. and 6:00 a.m.

10.

Childcare center in institutional structure in residential zones.

Special use districts: Special use districts: A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR, and IP. However, childcare centers in A-1, R-10, R-8, R-6, R-6MFA, and PDR (residential) districts must be located outside of a designated historic district (national or local) or a national or local landmark.

Childcare centers in the A-1, R-15, R-10, R-8, R-6, R-6MFA, PDR, and IP districts shall be allowed in an institutional structure, such as a church, school, or community center. The center shall be located within the main building (including educational building) of the institutional structure.

Minimum lot area: .5 acre (21,780 sq. feet)

Screening and fencing: Refer to parking requirement and other requirements below.

Plans are required and must show:

Structures: Location and approximate size of all existing proposed buildings and structures within the site and on the lots adjacent thereto. If the total site is greater than two (2) acres, only those buildings and structures located within two hundred (200) feet of the proposed childcare center, parking area and play yard are required to be shown.

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

Parking and loading: Layout of parking spaces. One (1) space for every six (6) children or fraction thereof. In residential zones (R-15, R-10, R-8, R-6, R-6MFA, and PDR zones), off-street parking for the childcare center shall not be located in the front or side yard. The required off-street parking shall be located in the rear yard. The parking lot shall provide a design that all vehicles shall exit the site in a forward moving direction. No parking shall be provided that would necessitate a vehicle backing onto any street right-of-way. Parking spaces provided in the abovementioned zones shall provide an opaque screen to shield view of the parking spaces from any public and/or any adjacent residentially used or zoned properties. Minimum height of said opaque screen shall be six (6) feet.

Other details requirements:

Location and extent of open play area. In a residential zone, the play area shall be located in the rear yard.

Childcare center shall provide one hundred (100) square feet of outdoor play space per pupil.

Outdoor play area shall be enclosed by a solid or open fence or wall at least four (4) feet in height. Where the outdoor play area is directly adjacent to a residentially used or zoned lot, a solid fence or wall at least six (6) feet high or the maximum applicable fence/wall height limitations, or an open fence at least four (4) feet high and a screen planting designed to grow three (3) feet thick and six (6) feet high, shall be erected. The city council may at its discretion require additional screening and/or fencing to be located adjacent to abutting nonresidential land uses.

Community centers, schools, churches and institutional uses in residential zones (i.e. A-1, R-15, R-10, R-8, R-6, R-6MFA, R-6 and PDR zones) must comply with the requirements listed in the following subsections (a) and (b).

Noise from activities conducted on the childcare center site shall not exceed a noise level which is clearly audible (eighty-five (85) decibels) at a distance of more than one hundred (100) feet from the child care center lot line, measured in a straight line.

Childcare centers may not care for more than twenty (20) children at any time between the hours of 7:00 p.m. and 6:00 a.m. The special use permit shall specifically state whether the childcare center will operate between 7:00 p.m. and 6:00 a.m.

11.

Church/religious institution.

Shall meet the regulation requirements set forth in section 503C., note 18

12.

College or university.

Minimum lot area: Three (3) acres.

Loading: One (1) loading bay for each thirty thousand (30,000) square feet of administrative space and one (1) loading space for the school cafeteria.

Screening and fencing: Screening and/or fencing may be required at the discretion of the city council.

Structures: Location and approximate size of all existing and proposed buildings and supporting facilities (e.g. recreational areas, open space areas, etc.) within the site and all buildings and structures within five hundred (500) feet, in addition to public or private easements or rights-of-way adjoining or intersecting such property.

Proposed pedestrian walkways (paved or unpaved) to all existing and proposed buildings and supporting facilities.

Other details:

Location height of all fences, walls and hedges.

Proposed solid waste storage facilities.

Projected maximum student enrollment.

Number of dormitory beds.

13.

Dwelling, multiple-family.

Multiple-family dwellings in the office and institutional district shall meet all requirements of section 712(3).

Multiple-family dwellings developed for use as a senior assisted living facility, senior village, or continuing care retirement community (CCRC) shall be exempt from any play area requirement.

14.

Funeral homes.

Screening and fencing: A screen of dense plant material designated to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high shall be installed where the proposed funeral home site abuts a residential lot or an area zoned for residential purposes.

Other requirements: The board of adjustment may provide additional requirements as it deems necessary in order to make the proposed project more compatible with adjacent areas and existing or proposed traffic patterns.

15.

Group care facility.

Location: Group care facilities shall not be located within a seven hundred fifty (750) foot radius of an existing group care facility; rehabilitation facility (as classified under the previous ordinance); a transient shelter facility; a shelter home for women or families, with or without children; a group home for developmentally disabled adults; or a family care home.

Parking: One (1) off-street space for every five (5) temporary residents or fraction thereof plus one (1) parking space for each employee on the premises.

Other requirements: A copy of the license and licensing requirements by the state shall be submitted with the application for the special use permit.

16.

Reserved.

17.

Golf course and related uses.

Supporting uses: Supporting commercial activities shall be designed for patrons of the use only, i.e. restaurant and retail shall be designed only for use by patrons.

Screening and fencing:Section 704, landscape regulations, apply. Furthermore, the use shall be located so that adjoining properties are not adversely affected by the activity due to noise, glare, traffic or other factors. Additional buffers may be required, when necessary, to mitigate any nuisance caused by the use.

Setbacks: In addition to district setbacks set forth in See VII.B. Table of area, yard and height requirements, no structure shall be closer than one hundred (100) feet to any residential use.

18.

Historical preservation commercial use.

Parking: Layout of adequate parking spaces to meet the standard off-street parking requirements in section 708 of the Land Development Code.

[Lighting.] All parking areas must be lighted.

Other requirements:

In order to be considered for the issuance of a special use permit, the site must be either nominated for or listed on the National Register of Historic Places or included in the "study list," or other document identifying properties eligible for the National Register of Historic Places, compiled by the Division of Archives and History, North Carolina Department of Cultural Resources, or have been previously designated as a local historic landmark or located within a local historic district.

Any allowed commercial use operated under a historic preservation special use permit must be operated at a property which is listed on or nominated for the National Register of Historic Places or the "study list," or other document identifying properties eligible for the National Register of Historic Places, compiled by the Division of Archives and History, North Carolina Department of Cultural Resources, or have been previously designated as a local historic landmark or located within a local historic district, and may only be open during days and daily hours as approved by the city council. In the determination of the days and daily hours of operation, the city council shall consider, but not be limited to consideration of, the following determining factors: potential of the subject site to support the proposed activity, traffic patterns and volumes, and impact of proposed use on surrounding land uses.

Only the following uses will be allowed: bed and breakfast; eating or drinking facilities/restaurant (drive-ins excluded); grocery/food sales; health club/spa; hotel; office; recreational amusement conducted inside a building and for profit, and not otherwise listed herein; retailing; school, trade or vocational. As a prerequisite to the establishment and continued operation of eating or drinking facilities (drive-ins excluded), there shall be no noxious odors emitted from the facility as determined by the city council.

Sign. All proposed signs will conform with section 709 of the Land Development Code.

The commercial use may occupy up to one hundred (100) percent of the gross floor area of the building in which it is located, provided such building has met the other criteria set forth above in paragraphs 1), 2), 3) and 4), as well as the parking standards and other applicable standards of the City Code. In addition, the city council shall require any proposed alterations to the building's exterior features be reviewed and approved for appropriateness per section 1003 of the Land Development Code to insure that any exterior renovation will not destroy or detrimentally alter the historic or architectural integrity of said building facade. The city council shall utilize the city historical preservation commission in making such a determination.

19.

Home for the aged.

Minimum lot area: Minimum lot area of district in which located plus one thousand (1,000) square feet for each person to be accommodated.

Parking and loading: One (1) space for each regular employee plus one (1) space for each four (4) persons to be accommodated.

Other requirements: Must meet all requirements for licensing by the State of North Carolina.

20.

Industrial operations not otherwise listed herein.

Special use district: IP. The admission of any industry to the park shall be subject to approval by the board of adjustment after recommendation by the planning board; provided, however, that the board shall be uniform in its treatment of each class or kind of building or use in the district. No industry or other business shall be established, maintained or permitted thereon which may be or become an annoyance or nuisance by the reason of unsightliness or the excessive emission of smoke, dust, glare, odor, fumes or vibrations. Determination of whether an industry or business is or may be objectionable for any of the above reasons shall be by the judgment of the board of adjustment. No property shall be used for storage, distribution or sale of a material or products which shall increase the insurance rates over the standard industrial rates set by the insurance services office.

Minimum IP area: Fifty (50) acres. No buildings or other structures including off-street parking areas shall be built or maintained which in the aggregate cover more than fifty (50) percent of the total industrial park zone.

Parking and loading: Off-street parking facilities shall be provided for employees, customers and visitors through application of the following ratios:

One (1) shift—One (1) space for each one and five-tenths (1.5) employees.

Two (2) or more shifts—One (1) space for each one and five-tenths (1.5) employees, [using] the sum of the two (2) work shifts which constitute the largest work force.

Plus one (1) space for each managerial employee; one (1) visitor space for each ten (10) managerial staff.

The parking area may be provided anywhere on the premises except in the minimum front yard. In the event that the side or rear property lines abut residential, medical arts or office-institutional zones, the off-street parking area can extend no closer than twenty-five (25) feet to said zones and a planting screen must be maintained along such property line of such type and height as to obscure from view any vehicles parked thereon. Whenever parking is provided between the front of the building and the required minimum front yard, it shall be screened from the view from the street. The maneuvering of trucks and trailers shall be confined to the premises of each establishment. Minimum requirements for off-street loading facilities shall be one (1) loading space at least ten (10) feet by sixty (60) feet with a fourteen (14) foot height clearance, if covered, for every ten thousand (10,000) square feet, or fraction thereof, of floor area, except that all establishments must have a minimum of one (1) space. Loading bays shall be located only on those sides of the building not facing streets and at least sixty (60) feet from the nearest street right-of-way. Whenever a loading dock is to be located partially or wholly within a building, such loading dock and every part thereof shall be located at least twenty-five (25) feet from the nearest street right-of-way. The actual depth of such loading dock within the building or structure shall be determined in connection with the building plans or improvement plans. All areas subject to wheeled traffic shall be paved with all-weather surfacing.

Structures: Location and approximate size of all existing and proposed structures within the site and all buildings and structures within five hundred (500) feet, in addition to all public or private rights-of-way and easements adjoining or intersecting such property.

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

Design of parking and loading: Location and extent of proposed parking and loading areas. Parking areas shall have a stabilized surface with parking space and traffic lanes clearly marked.

Lighting: Lighting plan, inclusive of wattage and illumination.

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

Other details:

Proposed provision for sanitary sewerage, approved by the director of public works.

Size and proposed location of any signs.

Proposed solid waste storage facilities.

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

Types of surfacing; slope, grade and cross-section of drives, sidewalks, malls, etc.

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

Complete landscaping plan for the site.

Type of construction of all structures to be located on the site.

A report in written form completely describing the manufacturing process, including types of products, raw materials, byproducts, sanitary waste, solid waste, atmospheric emissions, noise levels and proposed employment levels and shift operations.

10)

Profiles of publicly maintained water and sewer lines.

11)

Profiles, cross section and slopes of on-site and off-site ditches carrying water runoff.

12)

Erosion and sedimentation control plan.

13)

Lighting plan, inclusive of wattage and illumination.

14)

All plans and construction details must meet the current specifications of the city.

Other requirements:

Industrial parks shall be located with direct access to a major arterial and major utilities.

Points of access and egress shall consist of driveways or roadways at least twenty (20) feet in width and shall be set back a sufficient distance from highway intersections to minimize traffic hazards, inconvenience and congestion. All points of ingress and egress shall be subject to the approval of the traffic engineer.

The property shall not extend across any major arterial street.

Building placement:

Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

Any courtyard created by the placement of the buildings shall have at least twenty-five (25) percent of its perimeter open for access by emergency vehicles.

Building setback lines: All building sites shall face an interior (within the industrial park) street. Property facing all streets within the park shall have a building line setback of fifty (50) feet from the street right-of-way. No structures or buildings shall be located closer than thirty (30) feet to any side property line, it being the intent that an open area of at least sixty (60) feet shall exist between all adjacent but separately owned improvements within said industrial park and that adequate protection is ensured to surrounding property owners. No building shall be located closer than fifty (50) feet to any rear lot line of an interior lot. No building shall be located closer than two hundred (200) feet to any exterior line of the IP zone.

Site requirements: It is hereby declared that said area between the side and rear building lines and property lines is to be used either for open landscaped areas or for off-street parking areas. If said area is to be landscaped, it shall be done attractively with lawn, trees, shrubs, etc., according to plans first approved by the board of adjustment. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Parking areas shall likewise be maintained in good condition. The maximum height of any structure shall be regulated as provided in the table of area, yard and height requirements.

Front yard: Required front yards of building sites shall be maintained in grass, except walks, drives, planting and flagpoles. No driveway parallel to the street shall be permitted in the required minimum front yard.

Unpaved portion of site: Any area not paved shall be maintained in grass and landscaped, including any such property which may be in a street or utility right-of-way.

Power used in, or developed or obtained for the operation of, any establishment within the confines of the site shall be confined to electrical or a substantially equivalent type of power using only oil, gasoline, gas or liquid petroleum products or other approved combustible materials in its production, or other products which meet the requirements of the Division of Water and Air Resources, North Carolina Department of Natural and Economic Resources.

10)

The storage of flammable materials within the industrial park shall conform to the appropriate regulations as set forth by the Fire Prevention Code, 1970 edition, and as subsequently adopted by the board of adjustment.

11)

No billboards or advertising signs other than those identifying the name, business and products of the person or firm occupying the premises shall be permitted, except that plaques, directional signs and a sign offering the premises for sale or lease may be permitted in accordance with this LDC.

12)

Signs identifying the industrial park shall be limited to one (1) per industrial park entrance and must be shown by location and size on plans to be approved by the board of adjustment.

13)

Outside storage shall not be permitted unless it is completely screened from public view by an opaque screen of sufficient height to hide the materials. Finished or semi-finished products and other materials placed temporarily outside of the plant will be placed on the rear half of the property. All fencing for screening, security or other purposes shall be attractive in appearance, well maintained, and shall be of a durable type approved by the board of adjustment.

14)

All utility lines shall be installed underground, including primary.

Exceptions. The following industrial uses shall not be allowed:

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

The manufacturing, processing and/or fabrication of acids (except non-corrosive acids), ammonia, ammonium nitrate, animal by-products, bleaching powder, cellulose, chlorine, creosote and creosote treatment, detergents, enamels, lacquers, linoleum, oilcloth, paints, paper pulp, pigments, lime, plastic, rubber (except tire re-cappers), soaps, tannery products, turpentine, varnishes, whiting and/or wood fillers. The fabrication of plastics is exempt from this prohibition.

Screening and fencing: May be required at the discretion of the board of adjustment.

Details:

The industry shall not emit any undue or unnecessary noise, smoke, dust, odor or electrical interference with radio and TV reception.

The industry will not generate undue or unnecessary amounts of traffic.

The intent of the requirements is that the permitted pilot operation will not adversely affect the surrounding area as a whole nor be a detriment to adjoining land uses.

21.

Industry, pilot operation.

Parking and loading (Must meet required parking ratios).

Screening and fencing: May be required at the discretion of the board of adjustment.

The industry shall not emit any undue noise, smoke, dust, odor or electrical interference with radio and TV reception.

The industry will not generate undue amounts of traffic.

The intent of the requirements is that the permitted pilot operation will not adversely affect the surrounding area as a whole nor be a detriment to adjoining land uses.

22.

Kennel operation.

A kennel operation which is operated in an A-1 district and is not connected to a public sewer system must provide adequate means of disposing animal wastes, which must be approved by the county health department.

All animal storage areas must be completely inside a building, except that animal exercise areas may be located outside provided they are only used between the hours of 8:00 a.m. and 6:00 p.m.

Where there is a residence on the same tract in an A-1 district, kennels shall be considered an accessory use. Kennels must meet the requirement of this section.

23.

Landfill, construction/demolition (C&D).

A site plan shall be submitted illustrating the following:

Square footage and location of all proposed storage area and buildings.

All adjacent land uses.

Points of ingress and egress.

All storage areas must be setback at least one hundred (100) feet from all exterior lot lines.

If subject property is adjacent to a residential use, installation and maintenance of a vegetative buffer with fence shall be required.

Prior to issuance of a certificate of occupancy, applicant shall provide documentation of all applicable permits received from any state agencies.

24.

Landfill, yardwaste.

A site plan shall be submitted illustrating the following:

Square footage and location of all proposed storage areas and buildings.

Points of ingress and egress.

All storage areas must be setback at least fifty (50) feet from all exterior lot lines.

If the subject property is adjacent to a residential use, installation and maintenance of a vegetative buffer with a fence shall be required.

25.

Library. (Must meet the general criteria for a special use).

26.

Manufactured home (individual) for residential occupancy; hardship special use.

Parking: Two (2) spaces for each manufactured home.

Individual manufactured homes: Manufactured homes, as defined, when used for dwelling purposes may be located only within an approved manufactured home park, R-8, or A-1 zoning lot which does not have another dwelling unit erected on its premises, except when a hardship exception is approved by the board of adjustment as provided below.

Hardship exception: A temporary certificate of occupancy/compliance for parking a manufactured home for use for dwelling purposes to the rear or side of a dwelling and located on the same residential lot as said dwelling may be issued by the director of development services or designee, in certain hardship cases, where the board of adjustment finds each item below as a fact:

That the person or persons occupying the manufactured home are physically dependent upon the person or persons occupying all or a portion of the dwelling house, or that the person or persons occupying all or a portion of the dwelling house are physically dependent upon the person or persons occupying the manufactured home; and

That the person or persons occupying the manufactured home and/or dwelling house cannot, because of financial or other conditions, move to avoid hardship, necessitating parking the manufactured home adjacent to the dwelling house; and

That the parking of the manufactured home adjacent to the dwelling house will not create unhealthy or unreasonable living standards; and

That applicable health, sanitation, manufactured home foundation, tie-downs, electrical, and any other applicable LDC and laws are fully met.

Notwithstanding the foregoing, a temporary certificate of occupancy may be issued by the board of adjustment for parking a manufactured home(s) for dwelling purposes within property owned or leased by the housing authority of the city for the sole purpose of being substitute temporary housing for the public housing residents (tenants) who are displaced from the permanent public housing for the purpose of renovation or rehabilitation of the existing public housing dwelling unit(s). In this specific hardship case, the board of adjustment shall find each item below as a fact:

That the proposed location of the manufactured home(s) is on property owned or leased by the housing authority of the city upon which there exist a number of dwelling units not to exceed the proposed number of manufactured home(s); and

That the person or persons occupying the manufactured home are certified and approved by the housing authority of the city as public housing residents; and

That the relocation of the public housing residents into the manufactured home(s) is due to renovation or rehabilitation of existing public housing units located on the same lot of record as the proposed location of the manufactured home(s); and

That the standard applicable yard setbacks per section 601. Table 6 of area, yard and height requirements and a minimum twenty (20) foot separation between any two (2) adjacent existing or proposed dwelling units are complied with; and

That applicable health, sanitation, manufactured home foundation, tie-downs, electrical, and any other applicable LDC and laws are fully met.

All such certificates of occupancy/compliance shall be valid for a period of eighteen (18) months, after which they shall be renewed only upon a similar finding of facts by the board of adjustment. If, during any time that a certificate of occupancy/compliance is valid and outstanding, any of the foregoing conditions cease to be complied with or the hardship is removed, the certificate of occupancy/compliance shall automatically be revoked and the manufactured home removed.

27.

Reserved.

28.

Motel, hotel or motor court.

Loading: One (1) space for each one hundred thousand (100,000) square feet of motel floor area or fraction thereof.

Screening and fencing: A screen of dense plant material designed to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high where the proposed site of the motel (hotel) abuts a residential lot or an area zoned for residential purposes.

Proposed provision for storm drainage approved by the director of public works; sanitary sewerage approved by director of public works or county health department, whichever is applicable.

Proposed solid waste storage facilities.

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

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

29.

Nursing home.

Minimum lot area: Minimum lot area of district in which located plus one thousand (1,000) square feet for each person to be accommodated.

Parking: One (1) space for each regular employee plus one (1) space for each four (4) persons to be accommodated.

Other requirements: Must meet all requirements for licensing by the State of North Carolina.

30.

Private recreation club or swimming club, not operated as a business for profit.

Minimum lot area: Swimming club, one (1) acre for each forty (40) club members (or families). Private nonprofit clubs having only a swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirement if all activities and facilities (other than parking) are located no closer than fifty (50) feet to any property line.

Parking: One (1) space for each five (5) members (or families).

Screening and fencing: The swimming pool area shall be enclosed by fencing not less than five (5) feet in height.

Other requirements:

There shall be provided, in any swimming pool, water area at a depth of five (5) feet or less in the ratio of seven and two-tenths (7.2) square feet per member (or family). Water areas deeper than five (5) feet shall not be included as a part of the minimum pool area to satisfy this requirement.

No improvements, structures, sidewalks or play areas or equipment shall be closer than fifty (50) feet to any adjoining property lines. Parking areas may be permitted within twenty (20) feet of any adjoining property line if the above-mentioned twenty (20) foot strip is used for planting designed to grow at least three (3) feet thick and six (6) feet high.

Adjacent to swimming pools there shall be provided paved patio area(s) in the ratio of two (2) square feet of paving for each square foot of water area that is five (5) feet or less in depth.

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

31.

Reserved.

32.

Recreation of [or] amusement enterprise (conducted inside a building and for profit, and not otherwise listed herein).

Location: The lot shall be located a minimum of two hundred fifty (250) feet, measured from lot line to lot line, from an existing single-family dwelling unit.

Parking: Four and four-tenths (4.4) parking spaces per one thousand (1,000) square feet of building area.

Other requirements:

The use is limited to physical fitness centers, exercise and weight rooms, health clubs and health spas, and gymnasiums.

Plans must be approved by the planning board before the special request is submitted to the board of adjustment.

33.

School: Elementary, junior high and high school.

Minimum lot area: The minimum lot area for the school shall be computed based upon the highest grade within the school. The minimum lot area shall be as follows:

Kindergarten through seventh grade—Two hundred (200) square feet of land area per student in all grades.

Kindergarten through ninth grade—Three hundred (300) square feet of land area per student in all grades.

Kindergarten through twelfth grade—Four hundred (400) square feet of land area per student in all grades.

For schools located in A-1, R-15, R-10, R-8, R-6S, R-10, R-6, MHP, PDR, O-I, B-2, B-3, and B-5 zoning districts, the minimum area shall be computed using the total square footage of the lot on which the school is proposed. For schools located in the B-4, Central Business District, the minimum area shall be computed using the gross square footage of the building in which the use is proposed.

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

34.

Shelter home for women or families, with or without children.

Location: A shelter home for women or families, with or without children, shall not be permitted to be located within a seven hundred fifty (750) foot radius of an existing family care home, or group home for developmentally disabled adults, group care facility, transient shelter or rehabilitation facility (as classified under the previous LDC).

Sign: One (1) sign, not exceeding one (1) square foot in area, which shall be flat-mounted against the building or fence.

All rehabilitation residences shall be licensed and/or sponsored by the appropriate state or local agency.

35.

Storage, outdoor & warehouse. Plans are required and must show: Refer to requirements for special use permit-industrial operations Not Otherwise Listed Herein, all outdoor storage shall be enclosed by a six (6) high solid, opaque fence.

36.

Signs, outdoor advertising (billboards).

Plans are required and must show: Structure location and approximate size of all existing and proposed structures within the site and three hundred (300) feet there from. Also the plan must show points of access and egress within two hundred (200) feet of the proposed sign location.

37.

Storage, outdoor and warehouse. Plans are required and must show: Refer to requirements for special use permit-industrial operations not otherwise listed herein, all outdoor storage shall be enclosed by a six (6) high solid, opaque fence.

38.

Therapeutic community. (Must meet the general criteria for a special use).

39.

Transient shelter facility.

Plans are required and must show:

Structures: Location and size of all existing and proposed buildings and appurtenants on the lot.

Parking: Two (2) off-street parking spaces.

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

Staff: Paid and volunteer staff expected to be needed to operate the facility.

Hours of operation: Hours which the facility will be available for public use.

Meals: Meals expected to be served. Indicate whether morning, noon and/or evening meals will be served each day.

Maintenance: Procedures for keeping the facility and grounds in good order.

Floor plan: Floor plan of the facility showing the expected use for each room, the capacity of dining area, capacity of sleeping area, number of bathrooms and showers.

Recreational facilities: If any recreational facilities are to be provided, describe the facilities or activities expected to be provided.

Counseling service: If counseling service is to be provided, describe the level of expected assistance.

All special use permits shall be valid for a period of twelve (12) months.

Requests for renewals of a special use permit issued by city council shall be filed with the director.

If the director determines that the facts of the requested renewal are the same as considered and approved by the city council, he shall notify adjoining property owners of the request for a renewal. If no objections are received from the public, the director shall recommend the special use permit renewal to the city council.

If the director determines that any of the facts as considered by the city council have changed, or if the director has received written notice of an objection to the renewal, he shall place the special use permit renewal application on the next planning board agenda for the board's consideration.

40.

Utility station or substation.

Minimum lot area: One-half (½) acre for staffed utility station or substation. Unmanned, equipment-only substations must comply with applicable dimensional requirements if located in an A-1, R-15, R-10, R-8, R-6, or R-6MFA zone. Unmanned, equipment-only substations in PDR, MA, B-1, B-3, and IP districts are exempt from minimum lot area requirements.

Parking and loading: One (1) space for each regular employee employed primarily at the site at any given time.

Screening and fencing: A screen of not less than six (6) feet in height of dense plant material shall be provided where the lot abuts a residential lot. Electrical substations shall be enclosed by a fence not less than eight (8) feet in height with three (3) strands of barbed wire turned out at the top.

Plans are required and must show:

Structures: Location and approximate size of all existing and proposed structures within the site and all buildings and structures within one hundred (100) feet.

41.

Wireless communications towers.

Parking: One (1) off-street parking space.

Screening/fencing: A solid fence or opaque vegetative screen comprised of approved plant materials shall be shown on the plan and shall be maintained as a condition of the permit. The board of adjustment may modify or waive this requirement based on specific site conditions. A wireless communications tower shall be exempted from the requirements of section 707 parking lot and driveway landscaping, section 707 loading area and HVAC equipment screening regulations and section 707 bufferyard requirements, in the landscaping regulations.

Security fencing shall be required around all or part of the complex, as determined by the board of adjustment.

Plans are required and must show:

Structures: Towers and equipment cabinets are subject to the setbacks of the zoning district in which the tower is located. Towers must be setback far enough to prevent the tower fall zone from encroaching onto adjacent lands. This determination shall be based upon professional engineering certification that the structure's construction will not fall onto the adjacent lots. All supporting cables and anchors must be contained within the property. The proposed location of all anticipated equipment cabinets necessary to support antennas shall be shown on the site plan accompanying the application.

Structural integrity: Written assurance must be provided at the time of special use permit review, that: (1) the proposed tower will be designed and constructed to accommodate more than one (1) user; and (2) that documentation from a registered engineer will be submitted to certify that the requirement has been met. Documentation from a registered engineer must be submitted (prior to or with application for a building permit for a new tower) indicating that the tower has sufficient structural integrity to accommodate more than one (1) user. This engineering certification of structural integrity of the proposed tower will be required at the time of initial permitting and every five (5) years of use thereafter.

Utilities: Any utilities that are required to service a new tower site must be placed underground.

Lighting: Wireless communications towers shall not be illuminated, except as needed for security purposes or as required by the FCC or FAA. Lighting shall not project onto surrounding lots.

Signage: One (1) business identification sign, not exceeding two (2) square feet, shall be permitted to be attached to a security fence, tower or equipment cabinet, identifying the operating company and emergency telephone number.

Other requirements:

Tower appearance: All co-located antennas and accessory equipment must blend with the surrounding buildings in architectural character and/or color. The color of new towers shall be neutral, unless otherwise required by the FAA.

Obsolete and abandoned towers: The tower owner must provide the city with a copy of the notice to the FCC of intent to cease operations and shall remove the identified obsolete tower and equipment within one hundred eighty (180) days of said notice.

Towers not used or maintained for one hundred eighty (180) days shall be considered abandoned, whether the owner intends to make use of the tower. Upon final abandonment determination by the director of development services or designee, the property owner shall have one hundred eighty (180) days to either re-establish the approved use, or dismantle and remove the tower. If the tower is not removed within one hundred eighty (180) days, the governing authority may remove such tower at the owner's expense and place a lien upon the property to cover the cost of the removal expenses, if necessary.

New towers must be designed to handle co-location. The owner must submit a Statement with the permit request indicating that future co-location on the proposed tower will be allowed.

Area-wide analysis/proof of need: Applicant must attempt to co-locate on existing towers or structures before seeking permission to construct a new tower. Such structures may include existing wireless communications towers, church steeples, transmission line towers, utility/light poles, water towers, etc. When a new wireless communications tower is proposed, documentation shall be required to substantiate why the proposed antenna(s) and/or equipment cannot be accommodated on an existing tower or other structure due to one (1) or more of the following reasons:

The planned equipment would exceed the structural capacity of previously approved towers, considering their existing and planned use, and those towers cannot be reinforced to accommodate the planned or equivalent equipment at reasonable cost; or

The planned equipment would cause RF interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost; or

Previously approved towers do not have space on which the planned equipment can be placed so it can function effectively and reasonably in parity with the existing and/or planned equipment of the present user(s); or

Other reasons that make it impractical to place the planned equipment on previously approved towers (explain and document in detail).

Reserved.

The board of adjustment may require additional conditions, as it deems necessary in order to make the proposed project more compatible with adjacent areas and consistent with long-range plans.

42.

Youth development center—Approved by city council.

Youth development centers shall comply with the requirements set forth in the regulations for planned building group. A site plan shall be forwarded to the planning board for approval.

Maximum number of beds—Forty (40). If the appellant desires to exceed forty (40) beds then appellant must amend their special use permit. If at any time the facility exceeds forty (40) beds, city council approval is required.

Parking and loading: One (1) space for each regular employee and one (1) space for each four (4) residents. One (1) loading bay required.

In addition to district setbacks set forth in section 601, Table 6-1: Lot and Yard Dimensional Standards, no structure shall be closer than one hundred (100) feet to any residential use.

The city council may provide additional requirements as it deems necessary in order to make the proposed project more compatible with adjacent areas and existing or proposed traffic patterns.

Other requirements: Must meet all requirements for licensing by the State of North Carolina.

43.

Dormitory.

Minimum lot area: None.

Minimum setbacks: All applicable setbacks for the B-2 district.

Minimum parking: One-half (1/2) space per bedroom.

Operations: A resident assistant must be on site during hours of operation.

Screening: All dumpster areas must be screened from public view.

Lighting: All parking areas must be lighted.

44.

Recreational vehicle park.

Area and density.

The minimum lot area shall be four (4) acres. The park shall be permitted a maximum of thirty (30) recreational vehicle sites.

Each recreational vehicle site shall have a minimum area of two thousand four hundred (2,400) square feet and minimum width of thirty (30) feet at some point on the site. Each recreational vehicle site shall be clearly established by permanent monuments or markers.

All recreational vehicle sites shall be located at least forty (40) feet from the perimeter of the park boundary.

Each recreational vehicle shall be setback at least ten (10) feet from any private road within the park.

The recreational vehicles shall be separated from each other and other structures by at least fifteen (15) feet. Any attached structures, such as awnings, carports, or storage facilities shall be considered part of the vehicle.

Parking.

Each site shall accommodate one (1) recreational vehicle and provide two (2) automobile parking spaces meeting the standards set forth in LDC section 708, off-street parking and loading.

Adequate parking for any accessory use must be provided at a ratio of one (1) parking space per four hundred (400) square feet.

No roadway parking shall be permitted.

Recreational area and accessory uses.

There shall be at least one (1) recreational area not less than ten (10) percent of the total site area.

The park may provide and operate accessory facilities for the convenience and use of campground residents and their invited guests only. The permitted accessory facilities may include: laundry facilities, concessions, grocery, produce, and retailing.

Access and site design.

Roadways, proposed points of ingress and egress, and proposed pattern of internal circulation shall be constructed of asphalt paving meet the minimum design and improvement requirements set forth in LDC chapter 13.

All water, sewer, electric, and/or natural gas utilities shall be made accessible to each recreational vehicle site in accordance with the requirements set forth in LDC chapter 13.

A site development plan shall be reviewed and approved in accord with LDC section 712.

Landscaping and buffering.

A "Type D," thirty-foot wide landscape buffer, as set forth in LDC section 704, shall be installed along all perimeter property boundaries of the park, including any boundaries adjacent to a public or private right-of-way. A six-feet opaque fence shall be installed where the park abuts a property that has a residential use or residential zoning.

(Ord. No. O-05-34B, § 1(Att. A), 5-9-05; Ord. No. O-05-82, § 2, 9-12-05; Ord. No. 0-06-1, §§ 5, 6, 1-9-06; Ord. No. O-06-28, §§ 4d., 4e., 4-24-06; Ord. No. O-08-28, § 5, 4-14-08; Ord. No. O-08-108, § 3, 8-11-08; Ord. No. O-11-117, § 2, 12-12-11; Ord. No. O-16-32, § 4, 5-9-16; Ord. No. O-16-63, § 2, 8-8-16; Ord. No. O-18-2, § 2, 1-8-18; Ord. No. O-18-71, § 4, 7-9-18; Ord. No. O-18-78, § 3, 8-13-18; Ord. No. O-2021-2, § 4, 1-11-21; Ord. No. O-2021-43, § 6, 6-14-21)

Sec. 507. - Accessory uses.

General. Permitted and approved uses shall be deemed to include accessory uses and accessory structures. Accessory uses and structures will be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this LDC. Examples of customary accessory uses can be found in the use category descriptions of Table 5-3.

Accessory uses. Accessory uses, which are permitted by right in zoning districts, shall comply with the following requirements:

In MA, O-I, B-1, B-2, B-3 and B-4 districts, there shall be no outside storage as an accessory use, except for the open display of merchandise for sale in the B-1, B-2, B-3 and B-4 districts provided approval has been granted by the DRC or the planning board as applicable. In B-5 and I-2 districts, outside storage as an accessory use shall be permitted, provided that it is enclosed by a solid, opaque fence not less than six (6) feet in height. The requirements for the solid or opaque fence shall be waived for the open display of merchandise for sale provided approval has been granted by the DRC or planning board as applicable.

No permanent residential occupancy shall be allowed as an accessory use in MA, B-1, B-2, B-3, B-5, I-1, I-2 and IP districts with the following exception. One (1) permanent dwelling unit may be attached to or included within an office, or portion thereof, strictly limited for residence of a twenty-four (24) hour operator of a mini-storage warehouse or "motel, hotel, or motor court operation."

[Reserved.]

Swimming pools as accessory uses in A-1, R-15, R-10, R-8, R-6,, O-I, PUD or B-4 districts shall be enclosed by protective fencing not less than five (5) feet in height.

Accessory dwellings. When allowed, a single accessory dwelling or apartment may be constructed, provided it meets the following requirements:

The accessory dwelling shall be self-contained. Both the apartment and the principal dwelling shall contain cooking, living, sleeping and sanitary facilities and shall comply with the North Carolina Residential Building Code.

The accessory dwelling unit is maintained in the same ownership and is located on the same lot as the main dwelling unit.

Only one (1) additional unit will be permitted on a single-family lot.

The accessory dwelling shall not exceed fifty (50) percent the gross floor area of the principal dwelling.

The accessory dwelling shall comply with the regulations for accessory structures found herein.

Accessory structures.

An accessory structure may be erected detached from the principal building or, except when a stable or other structure for housing animals may be erected as an integral part of the principal building.

An accessory structure attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this LDC applicable to the principal building.

Except for open-sided carports, all accessory structures not attached to the main building in a residential district shall be located on the rear one-half (½) of the lot and at least ten (10) feet from any dwelling existing or under construction on the same lot or adjacent lot. However garages and accessory buildings to a residential use may be constructed in the rear yard provided they are detached from the primary structure or attached only by a covered walk, carport, porch or similar structure opened on two (2) sides and located no closer than five (5) feet to any adjoining lot line, except on street side yard of a corner lot where the setback shall be one-half (½) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Accessory buildings located in a side yard shall meet the requirements for the principal structure in the district in which it is located.

No accessory structure shall be located closer than five (5) feet to any interior lot line, but such building may be located within five (5) feet of any alley where such alley abuts on the rear line of the lot. In the case of a corner lot, said accessory building shall not project beyond the building line required or existing on the adjacent lot.

Accessory structures shall not cover more than thirty (30) percent of the area of the rear yard.

The structure shall not be located in any front yard. The only exception shall be when the lot is over two (2) acres in size, in which case the building may be located in front but not in the required front yard.

Accessory structures in the rear or side yards of corner lots whose rear or side yards are adjacent to a front yard of the adjacent lot, shall maintain a setback equivalent to the required front yard setback of the adjacent lot and outside the required rear yard of the lot where the accessory building is to locate.

In residential areas the height of an accessory structure shall not exceed fifteen (15) feet when the building is within ten (10) feet of the property line.

No accessory structure shall be utilized unless the primary structure is also utilized.

10.

[Reserved.]

Satellite or dish antenna. Satellite television or dish antennas of four (4) feet in circumference or larger may only be placed in residential and other zoning districts as follows:

Residential districts.

Satellite receiving systems are permitted within the allowable building area of any lot defined by the required front, side, and rear building lines, but shall not be installed in front yards.

Said structure shall be a minimum of five (5) feet from rear or side yards.

Said structure shall be a minimum of twelve (12) feet from side yards when the installation is on a corner lot.

Said structure shall be a minimum of twenty-five (25) feet from any residence on an adjacent lot.

Said structure shall not exceed the height limitations for structures in the district in which it is located, and shall not be mounted on roofs.

Nonresidential districts.

Where placement is adjacent to a residential area, a setback of one (1) foot for each one (1) foot of height shall be required and a screening fence or vegetation buffer be installed.

Roof-mounted antennas shall be a minimum of ten (10) feet from the exterior wall. Roof-mounted applications shall submit supporting documentation to enable a structural analysis of the roof supporting the antenna.

Roof-mounted antennas shall not be erected near electrical lines.

Table 5-3: Accessory Uses.

Primary Use	Accessory Use examples
Agriculture or farm use	Sell of produce, eggs, and livestock. Farm office
Airport operations	Retail sales and service, warehousing, restaurant
Animal medical care	Retail sales and service of items related to animal care
Automobile service station	Retail sales and service, food sales, restaurant
Bus station	Retail sales and service, food sales, restaurant
Beauty/barber shop	Retail sales of beauty/barber related items
Church/religious institution	Retail sales and service, restaurant, kindergarten, assembly, gymnasium
College or university	Alcohol sales, auditorium, church, gymnasium, food sales, private recreation, museum, medical office, retail sales and service, restaurant, stadium
Convenience store	Alcohol sales, vehicle car wash, gasoline filling station
Fairground activities	Retail sales and service, restaurant, assembly, stadium
Farmers' market	Restaurant
Flea market	Restaurant
Funeral home and crematorium	Retail sales and service of items related to function
Grocery store	Alcohol sales, restaurant, retail sales and service, financial institution
Health club, gym, spa	Alcohol sales, retail sales and service, restaurant
Hospital	Retail sales and service, offices (including medical), church, food sales, restaurant, warehousing
Kennel operations	Retail sales of kennel related supplies.
Motel, hotel	Assembly rooms, office, alcohol sales, retail sales and service, food sales, restaurant
Multifamily dwelling building	Assembly, office, restaurant
Nursing home	Retail sales and service, restaurant
Office use, medical	Retail sales and service of items related to specific practice
Outside storage	Retail corral space/enclosed with a fence
Parsonage	Dwelling used for church pastor or bishop
Prison or other detention center	Agriculture, food sales, office, retail sales and service, office, assembly, gym, stadium, warehousing, light manufacturing
Private recreation and swimming	Alcohol sales, retail sales and service, restaurant
Public recreation and swimming	Alcohol sales, retail sales and service, restaurant
Restaurant	Retail sales and service
School	After school, assembly, gym, recreation area, restaurant, stadium
Theatre production	Alcohol sales, restaurant, retail sales and service
Therapeutic community	Retail sales and service, food sales, restaurant, assembly rooms, office, gym

Nonresidential vehicles and trailers. It is the intent of this section to prohibit the parking of certain vehicles and trailers on residential properties and in residential neighborhoods utilizing the requirements below. It is not the intent of this section to prohibit vehicles, regardless of size or gross vehicle weight from performing emergency work, and construction or maintenance for residents provided this work is of a short duration.

License required. No nonresidential mobile trailer shall be permitted in the city unless a license for its operation is issued by the city clerk. Such license shall specify the permitted use of the nonresidential mobile trailer, the location of such operation and the termination date of the permit. No license shall be used for a use, which would violate city, state, or federal LDC, law or regulation.

Exemption for construction trailers. Operation of nonresidential trailers by contactor on construction projects for which building trades permits have been issued or which are otherwise approved by governmental units is permitted during the term of such construction project without issuance of a license.

Caretakers or watchman. Operation of a nonresidential trailer for the explicit use of a caretaker or night watchman on a permanent basis is permitted provided all other regulations of this LDC are complied with.

Camping or vacation trailer. A camping or vacation trailer not exceeding eight (8) feet in width, and thirty-five (35) feet in length may be stored in the rear yard on any lot, provided that no living quarters shall be maintained or any business conducted in connection therewith while such trailer or mobile home is so parked or stored.

Commercial vehicles and trailers. The parking of vehicles and/or trailers in excess of twenty-five (25) feet in length, or ten thousand (10,000) pounds gross vehicle weight rating (GVWR) shall be prohibited on properties in a residential zone, with the following exceptions:

Commercial vehicles and/or trailers directly associated with and parked onsite of an allowed nonresidential use in a residential district;

Associated with or actively engaged in performing an emergency service or public utility first response;

Being actively loaded or unloaded; or

Commercial vehicles associated with an active construction or maintenance project for which building trades permits have been issued or which are otherwise approved by governmental units, provided no parking takes place beyond a period of forty-eight (48) hours within a thirty-day period.

Parcels having an area of one (1) acre, or more, may park upon the premises in the rear yard of the primary structure.

(Ord. No. O-05-34b, § 1(Att. A), 5-9-05; Ord. No. O-18-71, § 5, 7-9-18; Ord. No. O-19-7, § 2, 2-11-19; Ord. No. O-20-57, § 3, 12-14-20)

Sec. 508. - Temporary uses.

Authority to approve. Temporary uses are prohibited, except that the director of development services or designee shall have the authority and responsibility to grant permits for certain temporary uses as provided in this section.

Definition. A temporary use is a use of property conducted from an area, structure or facility that does not require a building permit from the city and which may not comply with the use or dimensional standards of this LDC. Such area, facility area, facility, or structure may include parking lots, lawns, trucks, tents or other temporary structures.

Time limit. Temporary uses will be permitted for a maximum period as established below in subsection H., temporary use types. Upon expiration of a temporary use permit, another permit for the same premises may not be obtained for a period of at least ninety (90) days.

Permit required. A permit must be obtained from the inspection services administrator before establishment of a temporary use. Any temporary use must meet the requirements of this LDC and the requirements of the building code.

Application. An application for a temporary use permit shall include the following:

A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any buildings/structures signs or attention-attracting devices used in conjunction with the event, as well as a response to each of the criteria established in subsection.

A sketch plan showing the location of proposed structures (including onsite rest rooms and trash receptacles), parking area, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines;

Written confirmation from the property owner agreeing to the temporary use;

Any additional information deemed necessary by the inspection services administrator.

Procedure. The application for a temporary use permit must be submitted to the office of the director of development services or designee. No application will be processed until the complete application is submitted, including the required fee, in accordance with the city's fees and charges schedule. The application shall be returned to the applicant for revision as necessary until all requirements of this LDC are accomplished.

Review and action by director of development services or designee.

Application should be made at least ten (10) days in advance of the request start date for a temporary use.

The director of development services or designee shall make a determination whether to approve, approve with conditions or deny the permit within five (5) working days after the date of application. Any applicant denied a permit by the inspection services administrator should be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the board of adjustment.

Temporary use types. Temporary uses shall be deemed to include short-tem or seasonal uses that are not otherwise allowed by the regulations of this LDC. The following uses and activities shall be considered temporary uses.

Residential.

Fundraising activities (non-profit). Fundraising or noncommercial events for nonprofit religious, educational or community service organizations where the public is invited to participate in the activities and which last not longer than forty-eight (48) hours. This description shall not preclude the use of existing religious institutions or other not-for-profit or nonprofit facilities for events conducted entirely within a building, between the hours of 7:00 a.m. and 10:00 p.m.

Non-residential.

Business promotional events. Promotional activities lasting not longer than ten (10) days intended to attract attention to a specific place, business, organization, event or district, through the use of signs and attention attracting devices, as determined by the director of development services or designee.

Special and seasonal sales events. Significant commercial activities lasting not longer than thirty (30) days intended to sell, lease, rent or promote specific merchandise, service or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmers' markets (including horticultural products), Christmas tree lot sales, product demonstration or parking lot sales of food, art work or other goods (non-profit sale events are exempt).

Special and seasonal sales events shall only be conducted as part of an existing, operating, allowable and permanent business use which is in a permanent structure (farmer's market/produce and Christmas tree sales shall be exempt from this requirement).

The frequency at a location for special or seasonal sales event shall be limited to six (6) times during a calendar year.

An itinerant merchant (as defined in the Code) shall be limited to five (5) special or seasonal sales events in a calendar year.

Commercial entertainment or amusement events. Short-term cultural and entertainment events operating on a non profit basis including public or private events lasting not longer than forty-five (45) days.

Temporary use approval criteria. Temporary uses shall comply with the following standards:

Land use compatibility. The temporary use must be compatible with the purposes and intent of this LDC and the zoning district in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.

Compliance with other regulations. A building permit or temporary certificate of occupancy may be required before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building code, zoning district, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use).

Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event of use and compatible with the surrounding land uses. The director of development services or designee shall establish the duration and hours of operation at the time of approval of the temporary use permit.

Traffic circulation. The temporary use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.

Off-street parking. With exception for the central business district adequate off-street parking shall be provided for the temporary use in all other zoning districts, and it shall not create a parking shortage for any of the other existing uses on the site.

Public conveniences and litter control. Adequate onsite restroom facilities shall be required. Adequate onsite solid waste containers shall also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.

Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environment or visual pollution.

Signs and attention-attracting devices. The director of development services or designee shall review all signage in conjunction with the issuance of the permit. The inspection services administrator may approve the temporary use of attention attracting devices. The number and types of signs and attention-getting devices allowed shall be evaluated on the following criteria:

The type and size of the proposed event or use;

Safety considerations (sight distance setbacks, sidewalks in area etc);

Lighting considerations (disturbance or nearby residents or adverse affects to traffic on adjacent streets); and

Aesthetic concerns (appearance, illumination, number and size of signs and attention-getting devices proposed).

Other conditions. The director of development services or designee may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use. Conditions may include, but shall not be limited to:

Modifications or restrictions to the hours of operation, duration of the event, size of the activity or other operational characteristics.

The posting of a performance bond to help ensure that the operation of the event or use and the subsequent restoration of the site are conducted according to required stipulations.

If the permit applicant requests the city to provide extraordinary services or equipment or if the director of development services or designee otherwise determines the extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the cost of these services if not provided by the applicant.

Obtaining liability and personal injury insurance in such form and amount as the director of development services or designee finds necessary to protect the safety and general welfare of the community.

Specific temporary use standards.

[Reserved.]

Temporary religious services. Temporary facilities for religious services (such as tent revivals) shall ensure provisions for parking do not infringe on the surrounding residential neighborhood. In addition, restrictions on hours of operation may be imposed to ensure compatibility with neighboring uses.

Church, temporary disaster recovery housing. Temporary housing under post-disaster conditions shall be allowed as an accessory use to a church, subject to the following:

The temporary housing use must follow a presidentially-declared disaster that directly affected property in Rocky Mount's planning jurisdiction.

Temporary housing must be located on the active primary church site of the sponsoring church, not at a remote location owned by the sponsoring church.

Temporary housing is permitted only for visiting workers from outside the Twin County area who are actively involved in reconstruction activities related to the specific qualifying disaster.

A sponsoring church must apply for and receive a certificate of occupancy for the housing activity, including a review of applicable information and scheduling of required inspections. Application must include the maximum number of persons to be housed at the facility at one (1) time, whether meals are to be prepared/served regularly, an on-site parking plan designating spaces reserved for recovery workers and for church functions, to ensure adequate on-site parking for all activities, and other information deemed necessary.

All applicable fire and building safety codes apply for the temporary housing occupancy.

Any temporary structure(s) must be located to minimize view from the public street and the front yard and must be removed from the site within thirty (30) days of expiration of the temporary housing certificate or within thirty (30) days of cessation of the temporary housing use.

A temporary housing certificate is valid for six (6) months from the date of issuance, but shall be renewed for up to four (4) three (3) month intervals following the initial certificate. Renewal shall be made only upon a finding by the city inspections services office that the magnitude of consistent reconstruction activity requires the continued use of the church facilities.

The temporary housing use must be vacated within thirty (30) days of a determination by the city that the disaster-related recovery work by the tenants is substantially concluded.

Appeal. Appeals of temporary use permits denied by the director of development services or designee shall be taken to the board of adjustment within thirty (30) days of mailing of the denial, in accordance with procedures in this LDC.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2009-101, § 2, 9-14-09; Ord. No. O-2018-78, § 3, 8-13-18)

Sec. 509. - Zoning variance provisions.

Applicability. The board of adjustment is authorized to grant variances from the zoning district provisions, dimensional standards and off-street parking and loading standards of this LDC that will not be contrary to the public interest or the spirit of this LDC where, owing to special conditions, a literal enforcement of the provisions of this LDC would result in unnecessary physical (not economic) hardship to the property owner. Appeals from the director's decision to approve or deny an administrative adjustment application shall be considered as a variance before the board. The board shall have authority to grant variances from the stormwater management regulations as set forth in chapter 8 of this LDC.

Application. An application for a variance shall be submitted to the director, along with such accompanying material as is required to ensure compliance with the criteria in subsection D. below.

Review and action by board of adjustment. The board of adjustment shall hold a public hearing on the variance request, and, at the close of the public hearing act to approve, approve with conditions, or deny the application based on the review criteria set out in this subsection A. concurring vote of at least four-fifths (⅘) of the members of the board of adjustment shall be required to approve any variance request.

Review criteria. A variance may be granted by the board of adjustment upon an affirmative finding that all of the following conditions exist:

The requested variances arises from conditions that are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

The strict application of the applicable standards will constitute an unnecessary physical hardship (not economic hardship) or practical difficulty because the property cannot be used for an otherwise allowed use without coming into conflict with applicable site development standards.

The variance is the minimum action necessary to alleviate the hardship or practical difficulty and observes the spirit of this LDC; and

The variance desired will not adversely affect the public health, safety or general welfare or impair the purposes or intent of this LDC or the comprehensive plan.

Findings of fact. The board of adjustment shall make a determination on each approval criterion and enter its findings in the official record. Findings of fact shall be based on evidence presented at the public hearing on the variance request.

Use variances prohibited. The board of adjustment may not grant use variances, which are variances that have the effect of allowing a use within a specific zoning district that is not allowed by the use tables of section 503.

Variance affecting rights-of-way prohibited. The board of adjustment may not grant a variance that will have the effect of allowing a structure to extend into a public right-of-way or easement.

Variance findings.

Variances to zoning provisions.

The board of adjustment shall be responsible for reviewing and taking final action to approve, approve with conditions or deny any zoning provision variance application, not including a use variance. A zoning variance may be granted to authorize upon appeal in specific cases such variance from the terms and requirements of the zoning provisions as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the zoning LDC will result in unnecessary hardship and so that the spirit of this LDC shall be observed and substantial justice done. In considering all proposed variances to this LDC the board shall, before making any finding in a specified case, first determine that the proposed variances will not constitute any change in the district boundaries shown on the zoning map and will not impair any adequate supply of light and air to adjacent property or materially increase the public danger of fire and to safety, or physical attributes of property within the surrounding area, or in any other respect impair the public health, safety and general welfare.

In granting a zoning provision variance the Board may impose thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purposes of this LDC. Before such a variance is granted it shall be shown that special circumstances attach to the property that are unique and do not generally apply to other property in the neighborhood. A zoning provision variance may be granted only when the practical difficulty of undue or unnecessary hardship complained of is due to the particular characteristics of the property, are not self-imposed by the applicant and are not general conditions of the neighborhood which may reflect a stringency of the LDC itself. A hardship peculiar to the applicant's property as distinguished from others affected by the general rule must be shown.

The board may grant a variance in the dimensional yard requirements of this LDC only where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where due to the topographical conditions of a piece of property the strict application of the said dimensional requirements of this LDC would result in practical difficulties or undue or unnecessary hardship of such nature as described in the preceding paragraph.

The Board may grant a variance from the required dimensional yard setback to permit construction of handicap access facilities (walk, ramp, etc.) per the North Carolina State Building Code provided such facilities are not enclosed within the standard required yard setback. The variance shall be granted for relief of greater than fifty (50) percent of the required dimensional yard setback. The Board shall consider that no handicap access facility alternative to the building is feasible and vehicular access to the rear and front yards will not be prohibited if a variance is granted. Relief of less than fifty (50) percent of the required dimensional yard setback may be granted by the director of development services or designee in accordance with Section 603.

Zoning variance findings. Before the board of adjustment may grant a variance it shall make the following three (3) findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based:

There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the LDC. In order to determine that there are practical difficulties or unnecessary hardships, the board must find that the following five (5) conditions exist:

If the provisions of the LDC are complied with, a variance will only be granted if the applicant can secure no reasonable return from, nor make reasonable use of, the property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the LDC that will make possible the reasonable use of the property.

The hardship results from the application of the LDC to the property rather than from other factors such as deed restrictions, personal actions, personal circumstances or other hardship.

The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property.

The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the LDC, or who purchases the property after the effective date of the LDC and then comes to the board for relief.

The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread or common to adjoining owners or the general public. If the properties were equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice.

The variance is in harmony with the general purpose and intent of the LDC and preserves its spirit.

In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare.

In granting the variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this LDC. If a variance for the construction, alteration of use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan.

The board of adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.

A variance, issued in accordance with this section, shall expire when the building permit for such use has not been obtained by the applicant within six (6) months from the date of the decision.

The board of adjustment shall keep a record of all projects for which it grants a variance. A description of each project receiving a variance by the Board during the previous calendar year and the reason for granting the variance shall be submitted to the division of environmental management on or before the first day of January of the following year.

If the application calls for the granting of a variance, and if the board of adjustment decides in favor of granting the variance, the board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

The variance application;

The hearing notices;

The evidence presented;

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

Proposed findings and exceptions;

The proposed decision, including all conditions proposed to be added to the permit.

The fact that property may be utilized more profitably will not be considered as a justification for granting a zoning variance by the Board.

Variances, adult establishments. The Board of Adjustment shall consider all requests for variances in the separation requirements for adult establishments. All of the provisions of subsection 2. above, "variance findings", generally, shall apply to a request for a variance in the separation requirements. In addition, the board of adjustment shall grant such variance only when it finds:

The proposed use will not be injurious to property values in the affected area;

The proposed use will not enlarge or encourage the development of a "skid row" area;

The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvements, or revitalization;

The proposed use shall be in harmony with the existing uses in the surrounding area; and

All other applicable provisions of this zoning LDC will be observed.

Variances, watershed protection. The board of adjustment shall consider all requests for variances from the watershed protection provisions of chapter 8 of this LDC. The board shall have the power to authorize, in specific cases, minor variances from the terms of this LDC as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this LDC will result in practical difficulties or unnecessary hardship, so that the spirit of this LDC shall be observed, public safety and welfare secured, and substantial justice done. The director or the director's designee shall notify in writing each entity using the Rocky Mount water supply for consumption, as well as each local government having jurisdiction in the watershed. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the inspector prior to a decision by the board. Such comments shall become a part of the record of proceedings of the board. In addition, the city shall notify and allow a reasonable comment period for all entities using the Rocky Mount water supply for water consumption, as well as all other local governments having jurisdiction in the designated watershed where the variance is being considered. Applications for a variance shall be made on the proper form obtainable from the [director of development services or designee] and shall include the following information:

A site plan, drawn to a scale of at least one (1) inch to forty (40) feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; and surface water drainage. The site plan shall be neatly drawn and indicate north point, the name and address of person who prepared the plan, the date of the original drawing, and an accurate record of any later revisions.

A complete and detailed description of the proposed variance, together with any other pertinent information that the applicant feels would be helpful to the board of adjustment in considering the application.

The preliminary record shall be sent to the environmental management commission for its review as follows:

If the commission concludes from the preliminary record that the variance qualifies as a variance and that (a) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and (b) the variance, if granted, will not result in a serious threat to the water supply, then commission shall approve the variance with conditions and stipulations. The commission shall prepare a Commission decision and send it to the board of adjustment. If the commission approves the variance as proposed, the board shall prepare a final decision granting the proposed variance. If the commission approves the variance with conditions and stipulations, the board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (a) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (b) the variance, if granted, will result in a serious threat to the water supply, then the commission shall deny approval of the variance as proposed. The commission shall prepare a commission decision and send it to the board of adjustment. The board shall prepare a final decision denying the variance as proposed.

Basis for decision. Variances shall only be issued upon all the following findings, which shall be referenced in the board's decision:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in unnecessary hardship;

A determination that the granting of the variance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud or victimization of the public, or conflict with the existing laws or LDC, taking into account the criteria of this LDC.

Expiration and lapse of approval. Property owners shall have six (6) months from the date of approval of a variance to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of Variance approval, the approval variance shall lapse and be of no further effect.

Administrative decisions. Where it is alleged that there is any error in any order, decision or requirements of the director or the director's designee(s), the board shall have the power to hear and decide any appeal relating to the zoning provisions of this LDC taken from the order, decision or requirement of the director or the director's authorized agents. A concurring vote of ten (10) members of the board shall be required to reverse any order, decision or determination of the director of development services, or authorized agents, or to decide in favor of the applicant any matter which the board is required to pass under the provisions of this LDC, or to grant any variations in this LDC. In all matters where appeal powers have not been specifically assigned to the planning board or city council, the board of adjustment shall be responsible for hearing appeals of administrative decisions and for taking the final action to uphold or overturn.

In exercising its powers, the board may, in conformance with the provisions of this LDC, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determinations as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.

In considering all appeals from rulings made under this LDC, the board shall, in making its findings on any specific case, consider any applicable plans and policies of the city, including the comprehensive plan, and determine the effect of the proposed change upon adjacent property, the congestion of the public streets, the public safety from fire and other hazards, and any other factors relating to the public health, safety, comfort, morals and general welfare of the people of the city.

Every ruling made upon any appeal to the Board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the board, and shall specify the reason for granting or denying the appeal.

The board of adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administration official charged with the enforcement of this LDC. Appeals shall be taken within times prescribed by the board of adjustment by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal, specifying with grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal has been filed, that because of facts stated in the certification a stay would, in staff's opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with the enforcement of the LDC. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide it within a reasonable time. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that in its opinion ought to be made in the premises. To this end, the board shall have all the powers of the officer from whom the appeal is taken.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2009-107, § 3, 10-12-09; Ord. No. O-2018-78, § 3, 8-13-18)

Sec. 510. - Appeal of administrative officer's decision.

Applicability. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or commission of the city affected by any zoning related decision of the administrative officer. Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken and with the city clerk at the time the notice if filed. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed was taken.

Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in staff's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may bee granted by the board of adjustment or by a court record on application and notice to the officer from whom the appeal is taken and on the cause shown.

Review and action by board of adjustment.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the public hearing, any party may appear in person or by agent or by attorney.

The board of adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

In exercising the appeal power, the board of adjustment shall have all the powers of the official from whom the appeal is taken, and the board of adjustment may reverse of affirm wholly or partly or may modify the decision being appealed.

If the board of adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision light of such evidence.

A concurring vote of ten (10) of the members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of an administrative official.

Review criteria. An appeal shall be sustained only if the board of adjustment finds that the administrative official erred factually in the decision.

Findings of fact. Every decision of the board of adjustment shall be accompanied by written findings of fact specifying the reason for the decision. These findings shall be filed in the office of the board of adjustment within ten (10) days after the final action.

Sec. 511. - Rehearing and appeal.

Rehearing. Rehearing of an action by the board shall be conducted in accordance with the BOA rules and procedures manual. Such rehearing requires only a simple majority vote to approve or deny an application or petition.

Superior court appeal from decision of the board of adjustment. Any person or persons aggrieved by a decision of the board of adjustment or city council may, within thirty (30) days after the date of the decision of the board or council is filed in the department of development services or a written copy thereof delivered to the appellant by personal service or registered mail, whichever is later, but not thereafter, present to the Superior Court of Edgecombe or Nash County a petition for a writ of certiorari, duly verified, setting forth that such a decision is illegal, in whole or in part, and specifying the grounds of illegality, whereupon such a decision of the board or council shall be subject to review as provided by law.

(Ord. No. O-2018-78, § 2, 8-13-18)

Sec. 512. - Zoning map or text amendment.

Procedure.

Amendment by own motion. The city council may from time to time amend, supplement, change, modify or repeal the boundaries or regulations herein or subsequently amended. This may be done on the council's own motion or as a result of a recommendation after a public hearing as prescribed below.

Amendment by petition. The city council may also desire to take such action as a result of a petition presented by a private citizen in accordance with the following procedures. An owner or a duly authorized agent or representative may petition by submission of an application for the amendment of this LDC by filing an application with the director. Such petition along with an application fee, which shall be as established by resolution of the city council and published in the city's manual of city policies, shall be presented to the secretary of the planning board at least ten (10) working days prior to the planning board meeting at which the petition will be heard, not including the date of the hearing. The amendment petition shall contain such information, and shall be presented in such a manner specified by the planning board. No refund of the application fee shall be made unless the petition is withdrawn prior to the planning board hearing. The planning board, after studying the petition, shall prepare a recommendation and submit the same to the city clerk for consideration by city council. Upon receipt of an affirmative recommendation of the planning board to amend the zoning classification with respect to any property or to otherwise amend the zoning LDC of the city, the city clerk shall cause to be published a notice of a public hearing on such proposed change as prescribed by law. Notice of such public hearing shall be given once a week for two (2) successive calendar weeks in a newspaper published in the city. The first such notice shall be published the first time no less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. Such period shall be computed in compliance with N.C.G.S. § 1-594, and shall not be subject to Rule 6(a) of the North Carolina Rules of Civil Procedure. In computing the ten (10) day and twenty-five (25) day periods, the date of publication shall be excluded and the date of the hearing shall be included. In cases where the applicant has not submitted the petition by the required date prior to the hearing, he may request the planning board to waive the submission date and consider the petition. Under this procedure, the applicant shall state to the board the nature of the request. The board shall then determine from the secretary whether or not a review of the request has been completed and if the secretary is ready with a recommendation on the applicant's petition. Upon receipt of this information, the board will then vote on the question to waive the submission date deadline requirement. Upon a unanimous affirmative vote of the board, the submission date deadline will be waived and the request will be heard. An affirmative vote to hear the request will not prevent the board from tabling the request in the event that the Board determines it is desirable to do so. The city council will, before rejecting a recommendation of the planning board regarding a request for amendment to this LDC, discuss the recommendation at a joint meeting with the planning board according to a format approved by both the planning board and the city council. Such joint meeting between the city council and the planning board will be held at the beginning of the first regular meeting of the planning board following the public hearing at which the amendment to the LDC was considered or at such other time as the planning board and the city council may determine.

Time limit between similar petitions. When a petition for a zoning amendment has been denied by city council, no petition requesting the same or essentially the same amendment/conditions which affects the same property or a portion thereof, shall be considered within a period of twelve (12) months, unless the facts and circumstances applying to such case have substantially changed. The twelve (12) month period shall apply regardless of whether the proposed amendment is filed by the same or different petitioner(s).

Changes and amendments to watershed protection provisions. No amendments, supplements, or changes which would cause this LDC to violate the watershed protection rules adopted by the North Carolina Environmental Management Commission shall be adopted by the city. All amendments to this LDC relating to public water supply watershed protection shall be filed with the North Carolina Division of Environmental Management, the North Carolina Division of Environmental Health and the North Carolina Division of Community Assistance.

[Covenants.] An applicant may voluntarily submit private covenants for any and all conditions, covenants, deed restrictions and similar limitations regarding the future use of the property. Enforcement of said private covenants and/or restrictions shall not be enforced by the city.

[Amendment application.] An owner or a duly authorized agent or representative may make application for the amendment of the text of this LDC by filing an application with the director.

Hearing and recommendation by planning board. After notice and public hearing, the planning board shall vote to recommend to the city council that the amendment be approved as submitted, or be approved subject to modification; or recommend to the city council that the amendment be denied. The planning board has thirty (30) days to take action on such request. If the planning board has taken no action after thirty (30) days then city council may act on the request without a recommendation from the planning board.

Hearing and action by city council.

The application shall be transmitted to the city council with the report and recommendation of the planning board at the next scheduled second (2nd) Monday of the month regular city council meeting.

The city council shall hold a hearing on each application. Following the public hearing, the city council shall approve as submitted, or approve the application subject to modification, or deny the application based upon the criteria below.

Protest of approval. If a protest against a zoning map amendment is filed three (3) days before the time of the scheduled public hearing by the owners of twenty (20) percent or more of the areas of the lots included in such proposal, or five (5) percent of one hundred (100) foot perimeter buffer, such amendment shall become effective by the favorable vote of four-fifths (⅘) of all the members of the city council.

Review criteria.

Zoning districts designations should give consideration to their impacts upon adjacent property and existing land uses.

Transportation access and vehicular traffic generated must be considered when determining the most appropriate zoning district designation.

Downzoning to a less intensive use might be recommended in certain areas where the character of development has already changed or will change over time giving consideration to the existing zoning districts classification and resulting permitted land uses which have been in effect for twenty (20) years.

Land uses should be consistent with the Land Use Element of the Rocky Mount Comprehensive plan and adopted sub-area plans.

Public schools and parks should be located, as practically and economically feasible, near the clients served and with consideration given to both vehicular and pedestrian access.

Agricultural land uses should be located at the edge or fringe areas of Rocky Mount so potential land use conflicts can be minimized and so agricultural and other associated uses can be protected from encroaching urban uses.

High impact uses that create large amounts of noise, odor, traffic, or other forms of identified and verified nuisances on residential land uses should be located as far as possible from residential neighborhoods or, as an alternative, positive measures must be taken to mitigate negative impacts on nearby neighborhoods.

Commercial and industrial land uses, when located along major transportation entrance corridors to Rocky Mount, shall give care and concern for appearance, design, visual impact and traffic safety.

Spot zoning, the zoning of a small individual parcel of land different form the majority of other zoning district classifications in the surrounding area, shall be discouraged.

10.

Single-family residential land uses should include small lots, medium sized lots, and provisions for large estate type lots, and all primary residential uses within neighborhoods should back or side onto arterial streets in order to encourage quiet, safe, and low-volume localized movements.

11.

Higher intensity land uses should be strategically placed and developed with design features that utilize increased setbacks, landscaping, berms, fencing, buffers uses, and other separations to be compatible with low intensity development.

12.

Large community-serving shopping areas, major retail and service activities should be located at the intersection of arterial or collector streets.

Concurrent amendment of future land use map. The city council may process a concurrent amendment to the Future Land Use Map of the Comprehensive Plan, provided that at least one (1) of the following criteria has been met:

Changed projections from those on which the boundary was based (for example, regarding public services of the extension of utilities);

Changed assumptions (for example, regarding demographic trends);

New issues not recognized in the comprehensive plan;

Recognition of a need for additional detail or comprehensiveness; or

Data, typographical or drafting errors.

(Ord. No. 0-2006-2, §§ 4a—4c, 1-9-06)

Sec. 513. - Neighborhood meeting.

Purpose. The purpose of the neighborhood meeting is to inform owners and occupants of nearby lands about a proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible.

Neighborhood meetings are encouraged as opportunities for informal communication between applicants and the owners and occupants of nearby lands, and other community stakeholders who may be affected by development proposals.

Applicability.

Neighborhood meeting mandatory. A neighborhood meeting is mandatory before submission of the following types of applications:

Rezoning, special use permit, or site development plan for a property containing five (5) acres or more;

Planned density residential districts;

Site development plan or subdivision that results in a new street connection to an existing street or street stub serving an existing single-family residential neighborhood;

Any proposed development activity that the director of development services, or designee, at their discretion determines could have significant neighborhood impacts.

Neighborhood meeting optional. A neighborhood meeting is optional before submission of any other application for development approval.

Procedure. If a neighborhood meeting is held by the applicant, it shall comply with the following procedures:

Timing.

All neighborhood meetings shall be scheduled on a weekday between the hours of 5:00 p.m. and 8:00 p.m. The meeting shall not be scheduled on a legal holiday.

Mandatory neighborhood meetings shall be held no later than twelve (12) days prior to a review and decision-making body's first consideration of the application.

Location. The neighborhood meeting shall be held at a place that is accessible to neighbors that reside near the land subject to the application. As an alternative, the subject meeting may be held at city hall or other convenient, reasonably accessible location. A virtual option may be offered via interactive online video/teleconferencing in addition to the in-person venue.

Notification. Applicants must provide notice of a neighborhood meeting as follows:

Notice content. The notice shall include the following information:

The applicant's name, telephone number, and email address;

The time, date, and location of the meeting (and meeting URL or phone number if offering a virtual option);

The address or tax parcel identification number of the site with a map; and

The general nature of the development proposal.

ii.

Mailed notice. The applicant shall mail notice of the neighborhood meeting at least ten (10) and no more than twenty-five (25) days prior to the date of the meeting to:

All landowners and persons to whom mailed notice of a public hearing on the application is required by N.C.G.S. § 160D-602;

All landowners in an existing single-family residential neighborhood within five hundred (500) linear feet of a new street connection to an existing street or street stub proposed as part of a new site development plan or subdivision;

City of Rocky Mount neighborhood president (if applicable);

The director of development services, or designee; and

Councilmember ward representative, and mayor.

iii.

Posted notice. In cases where the neighborhood meeting is required for a site development plan or subdivision that will result in a new street connection, the applicant shall post notice of the neighborhood meeting beside each existing street or street stub connection, as appropriate, at least ten (10) and no more than twenty-five (25) days prior to the date of the meeting.

Conduct of meeting. At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, allow attendees an opportunity to ask questions and voice concerns, respond to concerns attendees have about the application, and propose ways to resolve conflicts. The applicant shall provide attendees who access the meeting via virtually or via telephone the same information, graphics, maps, and any other pertinent information as those attending the meeting in person.

Staff attendance. City staff may attend the neighborhood meeting for the purpose of advising attendees about applicable provisions of this section but shall not serve as facilitators or become involved in other discussions.

Written summary of neighborhood meeting. Within five (5) business days after the neighborhood meeting, the applicant shall provide the director of development services, or designee, a written summary of the meeting that includes a list of meeting attendees, a list of who was notified of the meeting, a summary of attendee comments, issues discussed related to the development proposal, and any other information distributed or presented at the meeting. The meeting summary shall be included with the application materials and be made available to the public for review.

Response to summary. Any persons attending the neighborhood meeting may submit to the director of development services, or designee, a written response to the applicant's meeting summary. The response may state their understanding of attendee comments and discussed issues related to the development proposal, and any other information they deem appropriate. All written responses to the applicant's summary of the neighborhood meeting shall be included with the application materials and be made available for public review.

(Ord. No. O-22-48, § 3, 7-11-22)

Rocky Mount City Zoning Code

CHAPTER 5

- ZONING USE REGULATIONS

Sec. 501.- Zoning use classifications.

Principal uses. Principal uses are assigned to the use category that most closely describes the nature of the principal use.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

The relative amount of site area, floor space and/or equipment devoted to the activity;

Relative volume or amounts of sales from each activity;

The customer type for each activity;

The relative number of employees in each activity;

Hours of operation;

Building and site arrangement;

Vehicles used with the activity;

The relative number of vehicle trips generated by the use; and

10.

How the use advertises itself.

Sec. 502. - Zoning use tables, interpretation.

The following tables list the category of uses allowed within each district by symbols set forth below:

Use categories. All of the use categories listed in the tables are defined in section 503.

Uses permitted by right ("X"). An "X" indicates that a use category is allowed by right in the respective district. These permitted uses are subject to all other applicable regulations of this LDC.

Uses not allowed ("blank cell"). A "-" indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this LDC.

Sec. 503. - Zoning use tables.

The legend that follows provides the definition of symbols to interpret the list of uses and means by which they are permitted to locate within various zoning districts:

By right. Uses permitted by right are indicated by the "x" symbol.

Special use permit. Uses requiring a special use permit are indicated by the "s" symbol. The approving authority will be indicated by a BOA (Board of Adjustment) or CC (City Council).

A "c" placed in the zoning column opposite any entry designated as a special use with an "s" means that the special use is only permitted if the site lies within the community enterprise district.

Table 5-1: General Use Table
Residential Districts

	Single-Family Districts					Multi-Family Districts		Planned Developments
Permitted Uses	A-1	R-15	R-10	R-8	R-6	R-6 MFA	MHP	PDR
Accessory dwelling	x	x	x	x	x	x	x	x
Accessory structure	x	x	x	x	x	x	x	x
Accessory use	x	x	x	x	x	x	x	x
Adult day center in CED	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Adult day center in an institutional structure	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Adult day home occupation (see note 2)	x	x	x	x	x	x	x	x
Agriculture or farm use	x
Airport operations	x
Alcoholic beverages, packaged, retail store, including ABC store								x
Assembly: armory, assembly hall, bar, coliseum, movie theater, stadium, etc.								x
Automobile off-street parking	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA		s/BOA	s/BOA
Automobile/vehicle wash (automatic or hand wash) (see note 4)								x
Bakery, on-premises and retail only								x
Beauty shop/barber service								x
Bed and Breakfast (see section 506.C.6)	s/BOA	s/BOA	s/BOA					s/BOA
Boardinghouse operation (see note 7)						x	s/CC
Cemetery/Columbarium	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Childcare center in CED	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Childcare center in an institutional structure	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Childcare home occupation (see note 9 & 13)	x	x	x	x	x	x	x	x
Church/religious institution (see note 18)	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	x
Continuing care retirement community (see note 25)								x
Convenience store								x
Dwelling, live/work								x
Dwelling, manufactured (HUD) home - SF residential occupancy	x			x			x
Dwelling, manufactured home park							x
Dwelling, modular home	x	x	x	x	x	x	x	x
Dwelling, multifamily						x		x
Dwelling, multistory high density, Central City area and adaptive reuse of historic properties (see note 10)						x	x
Dwelling, single-family	x	x	x	x	x	x	x	x
Dwelling, single-family attached						x		x
Dwelling, single-family detached	x	x	x	x	x	x	x	x
Dwelling, two- to four-family						x		x
Dwelling, upper story								x
Fairground activities (including carnivals and circuses)	x
Family care home (see note 11)	x	x	x	x	x	x	x	x
Farmers' market	x
Financial institutions (bank, savings and loan companies, and other financial activities)								x
Fire station operation	x	x	x	x	x	x	x	x
Flea market (indoor or outdoor)	x
Fortune telling (see definitions)	x	x	x	x	x	x	x
Golf course and related uses	s/BOA							x
Government operation	x	x	x	x	x	x	x	x
Grocery/food sales								x
Group care facility (see note 11)	s/BOA
Group home for developmentally disabled adults (see note 11)	x	x	x	x	x	x	x	x
Health club/gym spa						x	x	x
Historical preservation commercial use	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Home for the aged	s/BOA					s/BOA		s/BOA
Home occupation (see notes 2, 9 and 13)	x	x	x	x	x	x	x	x
Kennel operation (see note 16)	s/BOA
Landfill, c&d	s/BOA
Landfill, yardwaste	s/BOA
Library	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Museum/art gallery								x
Nightclub, Bar & Tavern								x
Nursery operations - retail/wholesale (see note 12)	x
Nursing home (see section 503C.19)	s/BOA					s/BOA	s/BOA
Office use (of a doctor, dentist, osteopath, chiropractor, optometrist, physiotherapist, or other medically-oriented profession)								x
Office use (with no on-premise stock of goods for sale to the general public and the operations and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communication material) (see note 26)								x
Open/passive space	x	x	x	x	x	x	x	x
Overnight accommodations								x
Private recreation club or swimming club	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	x
Public recreation, such as community center building, parks, museum, playgrounds, and similar facilities operated on a nonprofit basis	x	x	x	x	x	x	x	x
Quarry operations	x
Railroad yard operations (see note 32)	x
Residential Cluster Development	x	x	x	x	x	x	x	x
Restaurant								x
School: elementary, junior high, and high school (see note 27)	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Service and supply (see note 30)	x
Shelter for women, families, and/or children						s
Shelter home for women, families, and/or children (see note 7)	x	x	x	x	x	x	x	x
Temporary use (see section 508)	x	x	x	x	x	x	x	x
Theater production, outdoor	s/BOA
Tiny home	x	x	x	x	x	x	x	x
Utility station or substation	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wireless communication tower less than 100 feet in height (see note 23)	x	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wireless communication tower 100 feet or greater in height (see note 23)	x	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Yard sale (attic sale, lawn sale, or garage sale) as an accessory use to a residence or church or civic, cultural, educational, charitable, or similar organization (see note 24)		x	x	x	x	x	x	x
Youth development center	s/CC

Table 5-2: General Use Table
Transitional, Business and Industrial Districts

	Transitional Districts			Business Districts					Industrial Districts
Permitted Uses	O-I	O-I(2)	MA	B-1	B-2	B-3	B-4	B-5	I-1	I-2	IP
Accessory building	x	x	x	x	x	x	x	x	x	x	x
Accessory dwelling	x	x
Accessory use	x		x	x	x	x	x	x	x	x	x
Adult day center in nonresidential district(see note 1)	x		x	x	x	x	x	x	x	x	x
Adult day center in an institutional structure	x		x	x	x	x	x	x	x	x	x
Adult day home occupation (see note 2)	x	x		x	x	x	x	x
Adult establishment (see note 3)					x			x
Airport operation										x
Alcoholic beverages, packaged, retail store, including ABC store		x		x	x	x	x	x
Ambulance service, non govern-mental			x		x		x	x
Animal medical care, including kennel operation (see note 16)	s/BOA				s/BOA	s/BOA		s/BOA
Architectural Feature Sales		x		x			x
Assembly: armory, assembly hall, coliseum, movie theater, stadium, etc.				s/BOA	x	x	x	x
Auction sales, excluding livestock auctioning					x			x
Automobile off-street parking	s/BOA			x	x	x	x	x	x	x
Automobile off-street parking deck/garage commercial		x	x				s/CC
Automobile truck, trailer rental					x	x	x	x		x
Automobile repair and/or body work excluding commercial wrecking, dismantling, or storage of junked vehicle					x	x		x		x
Automobile sales, new and used					x		x	x		x
Automobile service station operation (see note 5)				x	x	x		x
Automobile/vehicle wash (automatic or hand wash) (see note 4)					x	x		x	x	x
Automobile wrecker service (towing and storage only)								x	x	x
Bakery production and wholesale sales					x			x	x	x	x
Bakery, on-premises and retail only		x		x	x	x	x	x
Beauty shop/barber service	x	x		x	x	x	x	x
Bed and breakfast (see section 503C.6)	x	x			x		x	x
Boardinghouse operation (see note 7)	x							x
Boats and accessories, retail sales, and service					x	x		x	x	x
Bus station activities					x		x	x
Cemetery/Columbarium	s/BOA						s/BOA
Childcare center in nonresidential district (see note 8)	x	x	x	x	x	x	x	x	x	x	x
Childcare center in an institutional structure	x		x	x	x	x	x	x	x	x	x
Childcare home occupation (see note 9 and 13)	x	x		x	x	x	x	x
Church/religious institution (see note 18)	x			x	x	x	x	x
College or university	s/CC						x
Contractor, excluding outside storage of equipment or supplies					x		x	x	x	x
Contractor, with outside storage of equipment or supplies								x	x	x
Convenience store				x	x	x	x	x
Crematory					x			x	x	x
Dormitory					s/BOA
Dwelling, live/work	x	x		x	x	x	x	x
Dwelling, modular home	x	x		x
Dwelling, multifamily	x	x		x	x	x	x	x
Dwelling, multistory high density, Central City area and adaptive reuse of historic properties (see note 10)	x	x			x		x
Dwelling, single-family	x	x					x
Dwelling, single-family attached	x	x		x
Dwelling, single-family detached	x	x		x
Dwelling, two- to four-family	x	x		x
Dwelling, upper story	x	x		x	x	x	x	x
Fabrication, light manufacturing					x			x	x	x	x
Family care home (see note 11)	x
Farmers' market		x		x	x		x	x	x	x
Financial Institutions (bank, savings and loan companies, and other financial activities)	x	x		x	x	x	x	x
Fire station operations	x		x	x	x	x	x	x	x	x	x
Flammable material (distribution/storage/bulk storage								x	x	x
Flea market (indoor or outdoor)					x			x
Funeral home	s				x			x
Government operation	x	x	x	x	x	x	x	x	x	x	x
Grocery/food sales		x		x	x	x	x	x
Group care facility (see note 11)	s/BOA						s/BOA
Group home for developmentally disabled adults (see note 11)	x						x
Health club/gym spa	x	x	x	x	x	x	x	x	x	x	x
Historical preservation commercial use	s/CC	s	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC	s/CC
Home for the aged	s/BOA		s/BOA
Home occupation (see notes 2, 9 and 13)	x	x		x	x	x	x	x
Hospital (see note 15)	x		x				x
Hospital, general (see note 14)	x		x				x
Industrial operations not otherwise listed herein, except the uses listed									x	x	s/BOA
Industrial sales of equipment or repair service								x	x	x	x
Kennel operations (see note 16)					x			x	x	x
Laboratory operations, medical or dental	x	x	x	x	x		x	x
Laboratory research									x	x	x
Landfill, c&d									s/BOA	s/BOA
Landfill, hazardous										s/BOA
Landfill, yardwaste									s	s
Library	x	x	x	x	x	x	x	x
Lodge (fraternal organizations)	x				x		x	x
Manufactured home sales (but excluding any residential occupancy) (see note 17)					x			x	x	x
Motel, hotel, or motor court operations (see note 16)	s/CC				x		x	x
Monument sales					x			x	x	x
Monument works									x	x
Museum/art gallery	x	x		x	x	x	x	x
Newspaper publishing					x			x	x	x
Nightclub, Bar & Tavern					x	x	x	x
Nursery operations - retail/wholesale (see note 12)					x	x		x	x	x
Nursing home (see section 503C.19)	s/BOA		s/BOA
Office use (of a doctor, dentist, osteopath, chiropractor, optometrist, physiotherapist, or other medically-oriented profession)	x	x	x	x	x	x	x	x
Office use (with no on-premise stock of goods for sale to the general public and the operation and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communication material)(see note 26)	x	x		x	x	x	x	x	x	x
Open/passive space	x	x	x	x	x	x	x	x	x	x	x
Pawn shop					x	x	x	x
Prison (minimum custody facility)										s/CC
Private recreation club or swimming club	s/BOA	s			s/BOA		s/BOA	s/BOA
Prison (minimum custody facility)										s
Public recreation, such as community center building, parks, museum, playgrounds, and similar facilities operated on a nonprofit basis	x	x		x	x	x	x	x
Public utility works, shops or storage yards								x	x	x
Quarry operation									x	x
Radio or television studio activities only	x	x		x	x	x	x	x
Railroad station operations							x	x	x	x
Railroad yard operations									x	x	x
Recreation or amusement enterprise (conducted outside a building and for profit, and not otherwise listed herein)					x			x
Recreation or amusement enterprise, racquet facilities (conducted inside a building for profit) (see note 20)					x	x	x	x
Recreational vehicle park					s/BOA			s/BOA
Recycling center							`	x	x	x
Residential cluster development	x
Restaurant		x		x	x	x	x	x
Retailing or servicing 50,000 or less gross sq. ft. per unit with operations conducted and merchandise displayed inside and/or outside a building and not otherwise listed herein (see note 12 and 22)		x		x	x	x	x	x
Retailing or servicing with operations conducted and merchandise displayed inside and/or outside a building and not otherwise listed herein (see note 12 and 22)					x	x		x
Salvage operation or junk yard (see note 21)								x	x	x
School: commercial, trade or vocational	x	x		x	x	x	x	x	x	x
School: elementary, junior high and high school (see note 27)	s/CC				s/CC	s/CC	s/CC	s/CC
Shelter for women, families, and/or children	s/CC							s/CC
Shelter home for women, families, and/or children (see note 7)	x
Storage, flammable (see note 22)								x	x	x
Storage, outside (see note 12 & 22)					x			x	x	x
Storage, warehouse					x			x	x	x
Tattoo parlor/studio					x	x		x
Taxicab/limousine operations				x	x	x	x	x
Temporary use (see section 508)	x		x	x	x	x	x	x	x	x	x
Theater production, outdoor					s/BOA	s/BOA	s/BOA	s/BOA
Therapeutic community			s/BOA					s/BOA
Tiny home	x	x
Tobacco sales warehouse					x			x	x	x
Tobacco processing									x	x	x
Transient/homeless shelter							s/CC	s/CC
Truck terminal activities repair and hauling and/or storage								x	x	x
Utility station or substation	s/BOA		s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Wholesale sale (with operations conducted and merchandise stored entirely within a building and not otherwise listed herein)								x	x	x	x
Wireless communication tower less than 100 feet in height (see note 23)	x		x	x	x	x	x	x	x	x	x
Wireless communication tower 100 feet or greater in height (see note 23)	s/BOA		s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA	s/BOA
Yard sale (attic sale, lawn sale, or garage sale) as an accessory use to a residence or church or civic, cultural, educational, charitable, or similar organization (see note 24)	x		x	x	x	x	x	x	x	x	x
Youth development center									s/CC	s/CC