(f)    Playgrounds;

         (g)   Public or private parks;

         (h)   Public works and public utility facilities such as distribution lines, transmission lines and towers, electric substations, water tanks and towers, pumping stations, water treatment plants, sewage lagoons and plants, telephone exchanges and fire stations, provided:

            1.   Such facilities are essential to the service of the immediate area;

            2.   No vehicles or materials shall be stored in the premises and no offices shall be permitted, except in the case of fire stations, water treatment plants, sewage lagoons and plants;

            3.   All buildings and facilities shall be set back at least 20 feet from all property lines, and shall be designed and landscaped in such a way as to blend in with the surrounding area; in height; and

            4.   All dangerous apparatus shall be enclosed by a chain-link fence at least eight feet;

            5.   There shall be a densely planted and maintained buffer strip along the rear and side lot lines. No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining lots.

         (i)   Customary accessory uses and structures including private garages, carports, parking decks, swimming pools and other accessory structures (see § 152.075).

         (h)    Community centers, clubs and lodges, golf courses, community swimming pools, fishing lakes, family campgrounds and other similar recreation uses; and

         (i)   Telecommunication towers (see §§ 152.140 through 152.171).

(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. 05012023-2, passed 5-1-2023)

   (A)   The R-10 Residential District is established as a district in which the principal use of the land is for high density residential development with limited home occupations and private/public community uses.

   (B)   Within the R-10 Residential District, the following uses shall only be permitted:

         (a)   Single-family dwellings and off-frame modular homes.

         (b)   Condominiums.

         (c)   Multi-family dwellings.

         (1)   Mixed-use developments and athletic fields.

         (a)   Minimum mean lot width: 60 feet.

         (b)   Minimum required front building setback line: 25 feet from edge of ROW.

         (c)   Minimum required side yards for the principal building shall be at least ten feet from property line or edge of ROW.

         (d)   Minimum required rear yard shall be 25 feet.

         (e)   Height of buildings shall not exceed 35 feet unless the depth of the front and total width of the side yards required herein shall be increased by one foot for each two feet, or fraction thereof, of building height more than 35 feet.

         (f)   For purposes of computing the size of lots in R-10, the lot area may include public road rights-of-way and private road easements; provided, said rights-of-way and easements shall not exceed 15 feet in overall width for purposes of lot area computation.

         (a)   Minimum required lot area for each dwelling unit: 10,000 square feet.

         (b)   Maximum permissible lot coverage by principal buildings shall not exceed 50% of the lot area.

            1.   Minimum required lot area for each dwelling unit: 10,000 square feeet (roughly one-quarter acre lots).

            2.   Maximum permissible lot coverage by principal buildings shall not exceed 50% of the total lot area.

            1.   Minimum required lot area for the second dwelling unit: 6,000 square feet.

            2.   Maximum permissible impervious coverage as defined shall not exceed 36% of the total lot area, or 24% of the total lot area if the lot abuts a curb and gutter street system or if the lot is located in a critical area.

(Ord. passed 4-5-2021)

   (A)   The regulations of this district are intended to provide for the conversion of older homes into office or apartment structures where such are appropriate and to provide a buffer between purely business and purely residential areas.

   (B)   Within an O-I Office and Institutional District the following uses shall be permitted:

         (a)   Any use permitted in the R-15 Residential District, except multi-family, individual mobile homes and mobile home parks;

         (b)   Barbershops, salons and spas;

         (c)   Child care facility;

         (d)   Child care home;

         (e)   Community centers;

         (f)   Dairy bars and ice cream;

         (g)   Public community swimming pools;

         (h)   Emergency response facilities;

         (i)   Family care homes;

         (j)   Government facilities;

         (k)   Institutional facilities, such as libraries and other non-profits;

         (l)   Medical offices;

         (m)   Museums and art galleries;

         (n)   Offices, business, professional and public;

         (o)   Photography services;

         (p)   Photography, dance, art and music studios;

         (q)   Printing and copy services; and

         (r)   Customary accessory uses and structures when located on the same lot as the principal structure, excluding, however, open storage.

         (a)   Accessory buildings in the nature of guest cottages for private residential purposes;

         (b)   Animal hospitals or veterinary clinics, but excluding open kennels on the premises;

         (c)   Athletic fields and similar outdoor facilities;

         (d)   Coffee/bakery shop;

         (e)   Banks and other financial establishments;

         (f)   Commercial indoor recreation establishments;

         (g)   Commercial outdoor recreation establishments;

         (h)   Hospitals;

         (i)   Mixed use buildings;

         (j)   Retail sales (less than 3,000 square feet gross floor area);

         (k)   Skilled nursing and other assisted living facilities;

         (l)   The conversion of any residential structure so as to provide additional dwelling units shall be permitted only if each resulting dwelling unit has a minimum of 650 square feet of usable floor area and adequate private sanitary facilities;

         (m)   Mixed uses, i.e., buildings erected for both dwelling and business purposes, provided such buildings shall be furnished with side yards on each side of the building measuring not less than eight feet in width, provided, however, that this regulation shall not apply to the street side of a corner lot; and

         (n)   A temporary structure or dwelling for emergencies or for construction purposes, provided, further, permits for such uses shall be issued for periods not to exceed six months, but may be renewed for one additional six-month period.

         (a)   Minimum required lot width: 100 feet;

         (b)   Minimum required front building setback line: 30 feet;

         (c)   Minimum required side yard: 15 feet. Corner lots must have an additional ten feet along the side street line. Where a lot abuts a residential district, an eight-foot high planted buffer strip is required except in the case of where a lot abuts a public street;

         (d)   Minimum required rear yard: 25 feet. Where a lot abuts a residential district, an eight-foot high planted buffer strip is required except in the case of where a lot abuts a public street; and

         (e)   All buildings (except church spires, flagpoles, antennas, chimneys or similar accessories to structures), more than 35 feet in height from the foundation of the building measured at the center of the structure, shall be required to increase the original side yard requirement by one foot for every additional foot of height.

      (6)   Minimum lot sizes and maximum lot coverage. Within the O-I Office and Institutional District the minimum lot size shall be 10,000 square feet, and principal and accessory buildings can cover 40 % of the lot area; however, if the development activity requires a Sedimentation/Erosion Control Plan, the maximum permissible impervious surface coverage, as defined in this chapter, shall not exceed 36% of the total lot area, or 24% of the total lot area if the lot abuts a curb and gutter street system, or if the lot is located in the WS-4 Critical Area.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. passed 10-4-2021)

   (A)   The regulations of this district are intended to provide the town with compact and efficient retail shopping, consumer services, financial and governmental center.

   (B)   The following uses shall only be permitted:

         (a)   All uses permitted in the O-I Office and Institutional District;

         (b)   Appliance repair (no front yard storage);

         (c)   Automobile accessories sales;

         (d)   Coffee/bakery shop;

         (e)   Banks and other financial establishments;

         (f)   Churches and other places of worship;

         (g)   Clubs and lodges;

         (h)   Convenience store (without gas);

         (i)   Drug stores and pharmacies;

         (j)   Dry cleaning;

         (k)   Florist;

         (l)   Funeral homes and mortuaries;

         (m)   Laundromat;

         (n)   Publishing establishments;

         (o)   Radio, TV and computer repair;

         (p)   Restaurants (without drive-through);

         (q)   Retail sales (less than 3,000 square feet gross floor area);

         (r)   Retail sales and shopping centers (3,000 to 10,000 square feet gross floor area);

         (s)   Theaters housed in a permanent indoor structure; and

         (t)   Customary accessory uses and structures when located on the same block as the principal structure, excluding, however, open storage, provided:

            1.   Such facilities are essential to the service of the immediate area; and

            2.   No vehicles or materials shall be stores on the premises and no offices shall be permitted, except in the case of fire stations, water treatment plants, sewage lagoons and plants.

         (a)   All uses special uses permitted in the O-1 Office and Institutional District;

         (b)   Bakery (production and distribution);

         (c)   Convenience store (with gas) or gas station;

         (d)   Group project commercial; and

         (e)   Restaurants (with drive-through).

         (a)   Residences shall comply with the dimensional requirements of an R-15 Residential District;

         (b)   Minimum square footage for a commercial structure: none required;

         (c)   Minimum front yard setback: 30 feet;

         (d)   Minimum required side yard: 15 feet. Corner lots must have an additional ten feet along the side street line. Where a commercial use abuts a residential district, commercial buildings shall maintain a ten-foot side and rear setback as well as an eight-foot high planted buffer strip. No such buffer strip, however, shall extend nearer to a street right-of-way line than the established building setback line of the adjoining lots;

         (e)   Minimum required rear yard: 25 feet. Where a lot abuts a residential district, an eight- foot high planted buffer strip is required except in the case of where a lot abuts a public street; and

         (f)   Height of buildings shall not exceed 80 feet.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021)

   (A)   The H-B Highway Business Districts are located on major thoroughfares and collector streets in the town planning area.

      (1)   They are intended to provide for offices, personal services and the retailing of durable and convenience goods for the community.

      (2)   Because these commercial uses are subject to public view and are important to the economy of the community, they should have ample parking, controlled traffic movement and suitable landscaping.

   (B)   Within the H-B Highway Business District, the following uses shall only be permitted:

         (a)   All uses permitted in the C-B Central Business District;

         (b)   Animal hospitals, veterinary offices and clinics (no outside kennels);

         (c)   Auto, boat, recreation vehicle and motorcycle sales;

         (d)   Automobile body shops (see § 153.231);

         (e)   Automobile service and repair (see § 153.231);

         (f)   Bakery (production and distribution);

         (g)   Boat service and repair (see § 153.231);

         (h)   Bus station;

         (i)   Car wash;

         (j)   Convenience store (with gas) or gas station;

         (k)   Heavy equipment service and repair (see § 153.231);

         (l)   Heavy equipment sales and rental;

         (m)   Hotels, inns and motels;

         (n)   Laundromat;

         (o)   Manufacturing (less than 25,000 square feet gross floor area);

         (p)   Mini-storage;

         (q)   Movie theaters;

         (r)   Parking lot;

         (s)   Performing theaters;

         (t)   Radio and TV broadcasting;

         (u)   Restaurants (with drive-through);

         (v)   Retail sales and shopping centers (greater than 10,000 square feet gross floor area);

         (w)   Skilled nursing and other assisted living facilities;

         (x)   Towing service with (see § 153.231);

         (y)   Warehousing and distribution (25,000 square feet gross floor area or less);

         (z)   Warehousing and distribution (greater than 25,000 square feet gross floor area); and

         (aa)   Wholesale establishments (25,000 square feet gross floor area or less).

         (a)   All uses permitted in the C-B Central Business District;

         (b)   Customary accessory uses and structures when located on the same lot as the main structure, excluding open storage;

         (c)   Bowling alleys and skating rinks, miniature golf courses, riding stables and other commercial recreational facilities;

         (d)   Animal pound or shelter;

         (e)   Material and equipment storage;

         (f)   Sexual oriented establishment (see § 152.076); and

         (g)   Any lawful retail, service, repair or wholesaling use not specifically referred to in this section.

         (a)   The minimum lot width shall be 100 feet;

         (b)   Minimum front yard setback: 50 feet. Off street parking as required by this chapter may be permitted in required yards but shall not be closer than ten feet from the front property line or any dedicated street or railroad right-of-way line;

         (c)   Minimum required side yard setbacks shall be at least 15 feet; a side yard of 20 feet is required on the street side of a corner lot. Furthermore, buildings used for residential purposes shall comply with the dimensional requirements of the R-15 Residential District; buildings used wholly or in part for permitted nonresidential uses shall meet the dimensional requirements for the use district in which they are located. Furthermore, upon any side or rear lot line which abuts a residential district there shall be a densely planted and maintained buffer strip. No such buffer, however, shall extend nearer to a street right-of-way line than the established building setback line of the adjoining residential lots, and no buffer shall be required upon any yard which abuts a public street;

         (d)   Minimum rear yard setback: 30 feet; and

         (e)   No buildings shall exceed 50 feet in height unless the depth of the required front yard and the total width of the required side yard shall be increased by one foot for each two feet, or fraction thereof, of building height in excess of 50 feet.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021)

   (A)   This district provides a place for the location of manufacturing and other uses which would be inimical or incompatible with general business areas.

   (B)   It is not intended to permit in this district any use which is inherently obnoxious to urban areas because of noise, odors, smoke, light, dust or the use of dangerous materials.

         (a)   Any use permitted in the H-B Highway Business District;

         (b)   Any lawful retail, service, repair or wholesaling use not specifically referred to in this section (see § 153.231);

         (c)   Gasoline, oil or fuel storage above ground;

         (d)   Mixing plans for concrete or paving materials;

         (e)   Stone crushing, cutting and polishing;

         (f)   Wholesale and warehouse establishments (greater than 25,000 square feet gross floor area), except for the storage of dangerous or offensive items such as uncured hides and explosives;

         (g)   Recycling establishment (see § 153.231);

         (h)   Manufacture, processing or fabrication (greater than 25,000 square feet gross floor area) of the following products:

            1.   Wood and wood products, including furniture;

            2.   Textiles;

            3.   Metals and metal products;

            4.   Household appliances;

            5.   Glass;

            6.   Electric and electronic products;

            7.   Foods and food products, not including abattoirs and slaughterhouses;

            8.   Bedding, carpets and pillows;

            9.   Animal feeds;

            10.   Ice;

            11.   Leather goods, not including the processing or storage of raw hides;

            12.   Machine tools;

            13.   Paints;

            14.   Pottery, porcelain and vitreous china;

            15.   Soap, detergent and washing compounds;

            16.   Rubber products, including the processing or manufacture of rubber;

            17.   Paper products, not including the manufacturing or processing of paper;

            18.   Plastics;

            19.   Furniture;

            20.   Building materials; and

            21.   Pharmaceuticals and medical devices, in accordance with state and federal regulations.

         (i)   Customary accessory uses and structures, including open storage, provided the area devoted to open storage is enclosed by a fence at least six feet in height.

         (a)   Manufacturing uses not otherwise named herein which come within the spirit or intent of this zoning district; and

         (b)   Planned development manufacturing.

         (a)   Minimum required building setback line: 25 feet; and

         (b)   Minimum side and rear yards: ten feet; however, where a lot abuts a residential district, there shall be a ten-foot high densely planted buffer strip. No such buffer, however, shall extend nearer to a street right-of-way line than the established building setback line of the adjoining residential lots. No buffer shall be required upon a side or rear yard that abuts a public street.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. 08072023, passed 8-7-2023)

   The regulations of this district are intended to accommodate future widening of Malcolm Boulevard (SR 1001) from the Catawba River to Interstate 40 and to better increase the aesthetic values of Malcolm Boulevard as the major thoroughfare through the town.

      (1)   The Malcolm Boulevard Overlay District is designed to create an aesthetically pleasing corridor along Malcolm Boulevard in keeping with the town’s policy of protecting our safe, family-friendly, attractive, predominately residential environment.

      (2)   This district is intended to protect properties adjacent to the roadway from the noise, activity, light and dust of vehicular traffic by requiring building setbacks and landscaping along the corridor. The Malcolm Boulevard Overlay District does not affect land use regulations or development standards of the underlying zoning districts except as specified in this section.

      (3)   The specific purposes of the OD-M District are:

         (a)   To ensure compatibility with any future widening of Malcolm Boulevard;

         (b)   To encourage appropriate residential and commercial development;

         (c)   To preserve, enhance and improve the visual quality, function, safety and enjoyment of the Malcolm Boulevard corridor;

         (d)   To promote orderly development and safe and efficient movement of traffic;

         (e)   To preserve and enhance the streetscape along Malcolm Boulevard; and

         (f)   To preserve, enhance and improve the Malcolm Boulevard corridor as a major thoroughfare through a predominately residential area.

      (1)   The Malcolm Boulevard Overlay District shall extend along Malcolm Boulevard from the town’s northern-most boundary to the I-40 intersection, including any extraterritorial jurisdictions in the northern part of town.

      (2)   The width of the Malcolm Boulevard Overlay District shall include the entire area of all lots adjoining either side of Malcolm Boulevard.

      (1)   Signs shall be in accordance with §§ 152.185 through 152.197 for the underlying zoning district, with the following exceptions.

         (a)   Billboards;

         (b)   Any sign attached to trees or utility poles;

         (c)   Abandoned or dilapidated signs; and

         (d)   More than two temporary signs per lot except for political signs.

      (1)   The following standards to apply to every nonresidential principal structure located inside the OD-M District.

         (a)   The proposed location of all proposed structures shall be shown on the site plans. For buildings located within the Overlay District (OD), the site plan shall include exterior facades of the proposed buildings (and/or additions) and all other information necessary to show compliance with this section.

         (b)   Where the facade of any principal structure is visible from a public road, metal materials shall constitute less than 50% of the entire area of such facade.

         (c)   Windows and building entrances shall comprise at least 50% of the first floor length of any principal structure. On any ground floor level, any window or door shall be horizontally separated by no greater than 15 feet from the nearest other such window or door in the same facade level. If the principal structure contains a second or higher story, each such story shall contain windows that are spaced in a manner complementary to the second story of nearby buildings.

         (d)   The exterior color finish of all building facades visible from the street shall be of low reflectance, subtle or neutral earth tone colors. High intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

         (e)   All vegetation shall be installed and maintained to a uniform and well- kept standard, consistent with the spirit of the Malcolm Boulevard Overlay District. During the course of standard maintenance, vegetative waste will be discarded to preserve the sightliness of curb and gutter and parking areas within the district.

      (2)   Except for single- and two-family dwellings, all streets, driveways, sidewalks, parking areas and other common areas and facilities shall be lighted where necessary to insure the security of property and the safety of persons using the facilities.

         (a)   In no case shall sources cause direct light or glare upon adjacent property or constitute a hazard to motorists using public streets.

         (b)   Exterior lighting on any lot shall be designed and directed so that light is confined primarily to that lot.

      (1)   If the Planning Board deems it impractical for a developer to comply with portions of this subchapter, the Planning Board shall have the authority to modify or elect not to apply portions of this subchapter, so long as the modification or deletion of a requirement does not constitute a variance.

      (2)   Any nonconforming structure existing before the adoption of this chapter shall be allowed to expand as long as the new construction falls within existing setbacks.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. 152.043(F)(E), passed 11-6-2023)

   The purpose of a planned unit development (PUD) is to allow diversification in the relationship of industrial, commercial, office and/or residential uses and structures to their sites and to permit a more flexible development of such sites through unified site planning. The application of PUD concepts is intended to encourage good architectural and site design, to use public facilities efficiently, to avoid development of environmentally sensitive areas, and to insure substantial compliance with the intent of the Rutherford College Zoning Ordinance and other provisions related to public health, safety, and general welfare.

 

(Ord. 05012023-2, passed 5-1-2023)