The following supplemental regulations shall pertain to the uses listed in the table of uses and activities located in Article 6 which are identified with an "S" for supplemental regulations.

For any use which requires the issuance of a special use permit, or is a use associated with a site specific plan for a conditional zoning, the supplemental use regulations listed herein may be in addition to any other fair and reasonable conditions placed on the use by the Town Council. The conditions may impose greater restrictions on a particular use than those which are listed herein.

Granny pods, also called temporary health care structures, are permitted under the authority of G.S. § 160D-915. Granny pods shall be permitted as an accessory use in accordance with Section 6.6, subject to the following standards:

Solar collectors shall be permitted as an accessory use to new or existing structures or facilities in accordance with Section 6.6, subject to the following standards:

Temporary storage facilities, as defined in Appendix A, require a zoning permit and shall be subject to the following regulations:

Wind energy generating facilities (accessory) designed to supplement other electricity sources shall be permitted as an accessory use in accordance with Section 6.5, subject to the following standards:

Artisan's workshops shall be permitted in accordance with Section 6.5, provided all artisan production is conducted inside an enclosed building. Workshops exceeding three thousand (3,000) square feet require approval of a special use permit.

Includes offices associated with these uses, which is (are) enclosed in a building and does not and will not emit smoke, odor, dust, fumes, glare, noise, vibrations, nuclear waste, or radioactivity, from the building in which it is located, except acid manufacture, cement, lime, gypsum, or plaster of paris manufacture, distillation of bones, explosives manufacture or storage, fat rendering, fish or fertilizer plant, garbage, waste parts, dead animal reduction or dumping, gas manufacture, glue manufacture, stockyards or slaughter of animals, tannery, or pulp manufacture. Any manufacturing, processing, warehousing, or transportation use or public use or utility including offices associated with these uses which involves outdoor storage, service, operations, emits or will emit smoke, odor, dust, fumes, glare, noise, vibrations, nuclear waste, or radioactivity, from the building in which it is located or involves bulk storage of combustible materials or is among the uses listed as exceptions in the list above shall be special uses.

In the LI and HI Districts outlet stores shall be considered as accessory uses, provided that such stores shall be limited to ten (10) percent of the gross floor area of the buildings containing the industrial establishment or two thousand five hundred (2,500) square feet, whichever is less.

Tiny houses shall be allowed in accordance with Section 6.5, subject to the following:

Battery charging stations and battery exchange stations shall be permitted in accordance with Section 6.6, subject to the following requirements:

An establishment that meets the definition of a microbrewery or distillery shall be permitted in accordance with Section 6.6, provided it meets the requirements of G.S. § 18B-1104 or 18B-1105, respectively. Tasting rooms are an accessory use to a microbrewery.

Food trucks shall be permitted in accordance with Section 6.6, and subject to the following standards:

Such establishments shall be permitted when only oil, gas, or electricity is used for heat. Screening and filtering devices shall be used to prevent the emission of smoke, dust, fumes, odors, or steam into the atmosphere.

Bona fide farms in the Town of Smithfield extraterritorial jurisdiction are exempt from the provisions of this ordinance as directed by G.S. § 160D-903.

A solar farm developed as a principal use shall be permitted in accordance with Section 6.5, subject to the following:

No temporary use may omit any noise, odors, dust, fumes, glare, or vibration or cause traffic or other safety issues that could be detrimental to adjoining properties or surrounding areas. Temporary uses shall be subject to applicable location, setback, parking, land use and other standards for the district, but exempt from the vegetation and parking lot surface improvement standards. Christmas tree sales, fireworks sales, carnivals and nonprofit organizations are exempt from the frequency and duration provisions of this ordinance. The maximum frequency of temporary uses shall not exceed two (2) occurrences within any twelve-month period and the maximum duration of such temporary use shall be seven (7) days, unless otherwise specified within this ordinance. For purposes of this definition, the duration of each separate occurrence shall be measured on continuous days.

Wind farms developed as a principal use shall be permitted in accordance with Section 6.6, subject to the following:

An indoor or outdoor columbaria and/or urn plots shall be permitted as accessory uses to churches and places of worship accordance with Section 6.5 and subject to the following standards:

Parking, access, and circulation lanes between the principal building and the street(s) shall be surfaced with blacktop, concrete or brick and shall be separated from required yards or open areas by continuous concrete curb and gutter in accordance with Article 10, Part I of this UDO.

Parking, loading or storage yards shall not be located within any required landscaping areas.

Truck or tractor and trailer parking, loading and outdoor storage, areas beyond the front façade facing the street shall be paved with gravel, blacktop, concrete, brick or other similar material determined to exhibit appropriate load bearing characteristics for the use. Curbing or other means shall be used to separate paved areas from required street yards or buffer yards.

Existing vegetation shall be left undisturbed unless the area is required for the orderly development of the site.

The maneuvering, staging and docking areas shall not be in conflict with the required parking spaces, lots and their isle/maneuvering areas.

Structures such as storage sheds, garden sheds, and similar structures shall be considered accessory buildings, even though they may be capable of being lifted or disassembled and removed from the property.

No tent, mobile home, camper, travel trailer, nor any other temporary, portable, or removable trailer, container, vehicle or structure of any kind may be considered an accessory building, whether or not the wheels, axles, and/or tongue have or has been removed and whether or not the container, structure, or vehicle as described herein has been placed on a foundation, except as hereinafter described.

ADUs are permitted in the R-20A Zoning District on properties that are two (2) or more acres in size, have adequate sewer or adequately sized and functioning septic system for the use.

7.3.3.1. An ADU shall be located on the same lot as a principal dwelling and meet the following: The gross floor area of the accessory dwelling shall be no greater than seventy-five (75) percent of the gross floor area of the total principal dwelling with a maximum square footage of one thousand one thousand two hundred (1,200) square feet.

7.3.3.2. An ADU shall be affixed to or constructed on a permanent foundation and not be a manufactured home or moveable structure and meet applicable N.C. Building Code requirements.

7.3.3.3. There shall be no more than one (1) ADU on the same lot as a principal dwelling.

7.3.3.4. An ADU shall be accessed by a lockable external entrance.

7.3.3.5. Ownership of an ADU shall not be transferred apart from its principal dwelling unit.

7.3.3.6. An ADU shall have dedicated paved parking area in accordance with Article 10, Part I.

7.3.3.7. ADUs shall not have utility meters separate from the principal dwelling.

(Ord. No. ZA-22-05, pt. 2, 2-7-23)

Editor's note— Ord. No ZA-22-05, pt. 2, adopted Feb. 7, 2023, renumbered the former § 7.3.3 as § 7.310 and enacted a new § 7.3.3 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Accessory buildings may occupy ten (10) percent of the gross lot area, must be built a minimum of ten (10) feet from any lot line, and except for attached garages, must be built to the rear of the principal building in accordance with Section 8.13.2.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

Accessory buildings shall not be erected within ten (10) feet of any other accessory building.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

No accessory building or use may be erected or installed on any lot where a principal building does not exist.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

No lot shall have in excess of two (2) accessory buildings, except that granny pods not exceeding three hundred (300) square feet and pool houses not exceeding one hundred fifty (150) square feet are permitted. Accessory building numbers limitation on property are exempt if the property is identified as having farm tax identification number. The side and rear setbacks for farm property shall be the same as other accessory buildings.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

The accessory structures shall be in accordance with Article 10, Part VI Stormwater Management.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

Editor's note— Ord. No ZA-22-05, pt. 2, adopted Feb. 7, 2023, enacted a new § 7.3.8, as set out herein, and in doing so renumbered the former § 7.3.8 as § 7.3.11.

A zoning permit shall be obtained prior to placement or construction of any accessory structures on any lot.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

Editor's note— Ord. No ZA-22-05, pt. 2, adopted Feb. 7, 2023, enacted a new § 7.3.9, as set out herein, and in doing so renumbered the former § 7.3.8 as § 7.3.12.

Fences and walls that meet these requirements are permitted as accessory uses and shall comply with the following:

7.3.10.1. For the purposes of this section of this ordinance, a fence is a barrier composed of wire, wood, metal, plastic, or a similar material and a wall is a barrier composed of brick, stone, rock, concrete block, or a similar masonry material. Electric fences and fences constructed with razor or barbed wire are prohibited except when used to enclose livestock on bona fide farm, for public or quasi-public institutions for public safety or security purposes, or for industrial uses in the Light or Heavy Industrial Zoning District for security purposes.

7.3.10.2. No fence or wall more than forty-eight (48) inches in height, which is more than seventy-five (75) percent solid, may be placed in the front of a principal structure.

7.3.10.3. Fences shall be installed such that exposed framing faces the interior yard and not toward adjacent properties or public rights-of-way.

7.3.10.4. Fences and walls may not exceed seven (7) feet in height, except that in commercial and industrial districts, a fence may not exceed ten (10) feet in height. Fences greater than seven (7) feet in height shall be of an open type similar to woven wire or wrought iron. Fences and walls may exceed the height requirements of this section if required or specifically authorized in another section of this ordinance or with a special use permit.

7.3.10.5. Fences and walls are exempt from the setback requirements of this ordinance.

7.3.10.6. No fence or wall shall impede vision as regulated in Section 2.21 of this ordinance.

7.3.10.7. Fences and walls approved with a special use permit shall not adversely impede light or airflow to adjoining properties.

7.3.10.8. Fences, if replaced, shall meet the requirements of this section.

7.3.10.9. Fences and walls seven (7) feet or less in height meeting the requirements of this ordinance shall not require a zoning permit.

(Ord. No. ZA-22-05, pt. 2, 2-7-23; Ord. No. ZA-23-02, pt. 1, 4-4-23)

Editor's note— See editor's note at § 7.3.3.

7.3.11.1. General Requirements.

7.3.11.1.1. Zoning and building permits are required when moving or substantially reconstructing an existing dish antenna over four (4) feet in diameter.

7.3.11.1.2. A dish antenna must be installed in compliance with the manufacturer's specifications at a minimum.

7.3.11.1.3. In all residential districts, dish antennas exceeding two (2) feet in diameter must be permanently installed on the ground and shall not exceed four (4) feet in diameter.

7.3.11.1.4. In business and industrial districts, dish antennas must be permanently installed on the ground and shall not exceed four (4) feet in diameter.

7.3.11.1.5. If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer, off-white, pastel beige, grey, or pastel grey-green. The paint must have a dull (nonglossy) finish and no patterns, lettering, or numerals shall be permitted on either side of the dish surface.

7.3.11.1.6. No dish antenna shall be installed or projected into any public right-of-way or in any drainage or utility easement.

7.3.11.2. Location in Yards.

7.3.11.2.1. A dish antenna shall be installed in the rear yard only, attached to the side or rear of the principal structure, or in an alternate location approved by the UDO Administrator (if necessary for adequate reception), in all districts, except as provided for in subsection 7.3.1.1 above and in subsection 7.3.1.2.2 below.

7.3.11.2.2. In business and industrial districts only, a dealer selling dish antennas may have a maximum of one (1) such antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in front or side yard, his permissible sign area shall be reduced by one-half (½).

7.3.11.2.3. The location shall comply with all applicable FCC regulations.

7.3.11.3. Setback Requirements.

7.3.11.3.1. Dish antennas shall not be allowed in any side yard.

7.3.11.3.2. The minimum required setback for dish antennas from the rear lot line shall be twelve (12) feet but in no case shall any part of the antenna come closer than ten (10) feet to the property line.

7.3.11.3.3. In all cases, no dish antenna shall be located within fifteen (15) feet of any street right-of-way.

7.3.11.4. Maximum Height Requirements.

7.3.11.4.1. In all residential districts, the maximum height of dish antennas shall be fifteen (15) feet or the height of the principal building, whichever is less.

7.3.11.4.2. In business and industrial districts, the maximum height of dish antennas installed on the ground shall be twenty (20) feet.

7.3.11.5. Buffering Requirements. In business and industrial districts, dish antennas must be screened from view from abutting residential property and residential streets. Dish antennas in residential districts and abutting other residential property and residential streets shall be surrounded on all sides with any one (1) or combinations of evergreen vegetation, landscaped earth berm, or architectural features such as fences so that the view of the lower half of the dish area is restricted. If evergreen vegetation is used, a species and size may be planted which can be expected to screen the required area within two (2) years of normal growth. Any screening vegetation which dies must be replaced.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

Editor's note— See editor's note at § 7.3.8.

Permitted as a use by right in the B-1, B-2, B-3, LI, and HI districts when the following minimum standards are met:

7.3.12.1. Outdoor mobile food vending carts shall only be permitted as an accessory use and shall be located on the same lot as a principal building(s) with a minimum lot size of five (5) acres.

7.3.12.2. Outdoor mobile food vending carts permitted on individual lots shall comply with all of the following:

7.3.12.2.1. The maximum number of outdoor mobile vending carts per lot shall be in accordance with the following:

7.3.12.2.1.1. Three (3) outdoor mobile vending carts on lots of five (5) acres or greater but less than twenty (20) acres.

7.3.12.2.1.2. Five (5) outdoor mobile vending carts on lots of twenty (20) acres or greater but less than thirty (30) acres.

7.3.12.2.2. A maximum of one (1) outdoor mobile vending cart when tenant occupancy equates to less than fifty (50) percent of the gross floor area of the principal building(s).

7.3.12.2.3. The amount of space occupied by retail sales—outdoor mobile vending carts shall not exceed one (1) percent of the occupied gross floor area of the principal building(s).

7.3.12.2.4. The dimensions of any retail sales—outdoor mobile vending cart may not exceed any of the following: Fifty (50) square feet in area, a maximum length or width of ten (10) feet nor a maximum height of eight (8) feet. The maximum height of eight (8) feet shall include any protection provided for the vendor or customer from outdoor conditions in the form of an umbrella, or other protective covering which must be attached to the cart.

7.3.12.2.5. All signage must be attached to the cart and shall be limited to a maximum of thirty-two (32) square feet.

7.3.12.2.6. That a zoning permit be obtained in the Planning Department following a review of the final site plan.

7.3.12.2.7. All required Johnston County and Town of Smithfield permits and licenses shall be clearly displayed on the vending cart.

7.3.12.2.8. The vending cart must be located within twenty-five (25) feet of a principal building facade containing a primary pedestrian entrance, located no closer than ten (10) feet to any entrance or exit and may not be situated such that the free flow of pedestrian or vehicular traffic is restricted.

7.3.12.2.9. Hours of operation for any outdoor mobile vending cart shall be limited to the hours of operation of the associated principal use, but in no event be in operation between the hours of 11:00 p.m. and 8:00 a.m.

7.3.12.2.10. Sales of goods and merchandise shall be limited to food and beverages.

7.3.12.2.11. All outdoor food vending carts not meeting the dimensional requirements of this ordinance shall be permitted by right when located at a flea market with approved site-specific development plan for a flea market.

(Ord. No. ZA-23-02, pt. 1, 4-4-23)

Editor's note— See editor's note at § 7.3.9.

7.4.1.1. When a center is licensed for six (6) to twenty-nine (29) children, inclusive, there shall be seventy-five (75) square feet per child of outdoor play area for the total number of children for which the center is licensed. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at seventy-five (75) square feet per child. When a center is licensed for thirty (30) or more children, there shall be seventy-five (75) square feet per child of outdoor play area for at least one-half (½) of the total number for which the center is licensed, provided that the minimum amount of space on the outdoor play area shall be enough to accommodate at least thirty (30) children. The outdoor play area shall provide an area that is shaded by a building, awnings, trees, or other methods. The outdoor area shall be designed so that staff are able to see and easily supervise the entire area.

7.4.1.2. Minimum paved off-street parking spaces shall be in accordance with Article 10, Section 10.3

7.4.1.3. Minimum paved off-street loading and unloading area: In addition to the off-street parking area, there shall be sufficient paved driveway to accommodate at least two (2) autos at one (1) time for the purpose of loading and unloading passengers. The drop off area must be full drive through with no backing of vehicles required.

In addition to the other standards set forth in this ordinance, each family child care home (FCCH) must meet the following requirements:

7.4.2.1. A family child care home may have no more than eight (8) children. Of the children present at any one time, no more than five (5) shall be preschool-aged, not including the operator's own preschool-aged children;

7.4.2.2. The maximum hours of operator are 7:00 a.m. to 6:00 p.m., Monday through Friday;

7.4.2.3. No signage advertising the family child care home is allowed;

7.4.2.4. The building in which the family child care home is located may not be located closer than five hundred (500) feet to any other building housing another family child care home or child care center; and

7.4.2.5. The home daycare must be licensed through the NC Department of Health and Human Services.

Violations of subsections 7.4.2.2, 7.4.2.3, and 7.4.2.4 of this section are violations of this ordinance, and the town may impose civil penalties and/or seek other remedies, as provided in this ordinance, to correct violations of those subsections. Subsections 7.4.2.1 and 7.4.2.5 are established by State law, and the violations of these subsections may be punished as provided by State law. No violation of subsections 7.4.2.1 or 7.4.2.5 shall subject the offending party to civil penalties or other remedies established by this ordinance.

Dwellings may be accessory uses to a principal business as provided in Section 6.6 if located inside the principal structure or as a detached structure that is secondary to the primary structure in size or location such as a garage apartment. Manufactured homes, travel trailers, and recreational vehicles shall not be used as permanent accessory residences.

In the B-1 District, dwellings on the ground floor of the principal structure shall not exceed thirty-three (33) percent of the first-floor gross area. A minimum of one thousand five hundred (1,500) square feet shall be devoted to commercial/retail uses. The residential area shall not be visible from the public right-of-way. No entrance from the residential use to the commercial use is allowed. The residential and commercial space shall comply with all NC Building Codes and Fire Codes. A floor plan must be submitted with an application for zoning permit.

Structures must be transportable residential units assembled off-site and built to the standards of the state building code. It must be no more than three hundred (300) gross square feet and must not be placed on a permanent foundation.

The accessory structure must comply with all setbacks and any maximum floor area ratio limits that apply to the primary residential structure. The structure shall be connected to any public water, sewer, and electric utilities serving the property or water and/or sewer systems approved by Johnston County. Only one (1) accessory temporary family care structure is allowed per lot. No signage regarding the presence of the structure is allowed. The structure must be removed within sixty (60) days after caregiving on the site ceases.

A zoning permit is required to be obtained prior to installation. Evidence of compliance may be required as part of the permitting and annual permit renewal, including an annual renewal of the doctor's certification of impairment. The town may make periodic inspections at times convenient to the caregiver to assure on-going compliance.

The caregiver must be at least eighteen (18) years old and must be a first or second degree relative of the impaired person (a spouse, parent, grandparent, child, grandchild, aunt, uncle, nephew, or niece). A legal guardian of the impaired person also qualifies.

In the O-I District, granny pods shall only be permitted for single-family residentially used property.

Shall be permitted only as an incidental use and are limited to the following:

7.7.1.1. Art gallery or the office or studio of a physician, artist, general or trades contractor, musician, insurance agent, lawyer, real estate broker, instruction in music or dancing, tutoring of academic subjects, teacher or other like professional person residing on the premises.

7.7.1.2. Workshops not conducted for profit.

7.7.1.3. Customary home occupations such as millinery, dressmaking, laundering, or pressing and tailoring conducted by a person residing on the premises.

7.7.1.4. Single operator beauty shop or barber shop.

7.7.1.5. Pet grooming services without the boarding of animals or operation of kennels. The outside containment of animals is prohibited.

7.7.1.6. Any home occupation not complying with these regulations shall be prohibited.

Provided, furthermore, the home occupations listed above shall be permitted subject to the following limitations:

7.7.2.1. No exterior display of products.

7.7.2.2. No mechanical equipment shall be installed or used except such that is normally used for domestic or professional purposes and which does not cause noises or other interference in radio and television reception.

7.7.2.3. No accessory buildings or outside storage shall be used in connection with the home occupation.

7.7.2.4. Not over twenty-five (25) percent of the total floor area or five hundred (500) square feet, whichever is less, shall be used for a home occupation.

7.7.2.5. Only one (1) employee may be employed by the home occupation who is not a resident of the dwelling.

The collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

7.8.1.1. Pitched Roof Mounted Solar Systems. For all roof-mounted systems other than a flat roof, a drawing shall be submitted showing the location of the solar panels.

7.8.1.2. Flat Roof Mounted Solar Systems. For flat roof applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building.

Ground-mounted solar collectors (accessory) shall meet the minimum zoning setback for the zoning district in which it is located.

Electric solar system components shall have a UL listing.

All solar collector systems shall be in conformance with the International Building Code with North Carolina amendments.

All solar collector systems shall comply with all other applicable regulations.

Dumpsters or temporary storage facilities incidental to a natural disaster, or construction with a valid building permit, shall be exempt from these regulations.

With the exception of Light Industrial (LI) and Heavy Industrial (HI) zoning districts, temporary storage facilities may be placed on a property a maximum of any one hundred and twenty-day period during one (1) calendar year from its initial placing on a property.

No temporary storage facility shall encroach into any public right-of-way, or into any required street yard or buffer yard.

No temporary storage facility may encroach into vehicular use areas where such encroachment reduces the amount of parking below the minimum permitted amounts.

No temporary storage facility shall be used as living space and/or a permanent accessory building.

A wind energy generator (accessory) shall be setback from all property lines a distance equal to one (1) linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district, whichever is greater. Maximum height of wind turbines shall be consistent with the requirements of the underlying zoning district. The height shall be measured from the ground to the highest point of the prop.

A wind turbine may not be located between the front wall of the primary structure and the street.

Rotor blades on wind turbines shall maintain at least fifteen (15) feet of clearance between their lowest point and the ground.

The installation and design of the wind energy generator (accessory) shall conform to applicable industry standards, including those of the American National Standards Institute.

The visual appearance of wind energy generator (accessory) shall:

7.10.5.1. Be constructed of a corrosion resistant material that will not fade, show rust spots, or otherwise change the appearance as a result of exposure to the elements and be a non-obtrusive color such as white, off-white, or gray.

7.10.5.2. Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

7.10.5.3. Landscaping, buffering, and screening shall be provided in accordance with Article 10, Part II.

Any accessory wind energy generator and supporting structure that is not functional shall be removed after one hundred eighty (180) days. In the event that the town becomes aware of any wind energy system that is not operated for a continuous period of three (3) months, the town will notify the landowner by certified mail that the system must be moved or repaired in ninety (90) days. The owner may request and receive a single extension of up to ninety (90) days for good cause shown, including the reasons for the operational difficulty and a reasonable timetable for corrective action. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

Temporary construction office units are allowed in any district on construction sites with an approved site plan in accordance with Section 5.6. Manufactured homes and recreational vehicles may not be used as temporary office units.

One (1) temporary real estate sales office or model sales home, or real estate sales trailer may be allowed as incidental to a new residential or non-residential development. Real estate sales trailers must be removed at the issuance of the first certificate of occupancy for the development.

Modular office units used for expansion space for existing churches, health care facilities, government offices, or school classrooms, may be allowed with a temporary use permit approved by the Town Council. The Town Council shall set the time limit in which the permit is valid.

Permanent modular office units must have originally been constructed for office use, shall not be a renovated manufactured home. The plans and specifications shall bear an NC Engineers seal. The unit shall have a permanent foundation. All transport apparatus such as wheels, hitch, and lights shall be removed, and there shall be landscaping around the base on all sides. Approval of a permanent modular office unit shall require site plan approval in accordance with Section 5.5.

The operator of the bed and breakfast must reside on the premises on a full-time basis.

The property owner shall maintain a current guest register.

The structure(s) shall be located on a lot which complies with the required minimum lot area and dimensional standards for existing uses in its respective zoning district.

The structure(s) shall not be altered in a way that changes its general residential appearance.

No meals other than breakfast may be served to registered guests.

No meals shall be served to the general public.

No cooking or kitchen facilities, apart from microwaves or mini refrigerators, shall be allowed in the guest rooms.

A maximum of eight (8) bedrooms may be rented to registered guests.

A particular guest stay shall not exceed fourteen (14) consecutive days.

One (1) off-street parking space shall be required for each guest bedroom in addition to parking required for the residential dwelling.

The resident owner shall comply with all laws and regulations of the Town of Smithfield, Johnston County, and the State of North Carolina.

All family care homes must be licensed by the State of North Carolina.

As defined by G.S. ch. 168-21, family care homes must be located no closer than one-half (½) mile from any other family care home. As provided for in Section 4.10.2, a variance to the one-half (½) mile separation requirement may be obtained when the separation is accomplished by man-made features (i.e., railroad yards, freeways) or natural features (i.e., rivers, wetlands) and provides sufficient separation to ameliorate the harmful effects that justified the statutory separation. The burden of proof is on the applicant to show compliance with the one-half-mile separation requirement.

Manufactured housing on individual lots shall be permitted in accordance with Section 6.6 of this ordinance and shall meet the following minimum requirements as well as any others required under this Code:

7.17.1.1. All requirements for the location of a single-family dwelling on an individual lot shall be met.

7.17.1.2. The manufactured home must be set up in accordance with the standards set by the state department of insurance and shall be properly anchored in accordance with the state building code. The set up and anchoring must be done by persons licensed by the state to perform such work.

7.17.1.3. All applicable Johnston County Environmental Health Department requirements shall be met.

7.17.1.4. Exterior finishes shall be in good repair and in no case shall the degree of reflectivity of the exterior siding, foundation skirting, and roofing, exceed that of gloss white paint.

7.17.1.5. For manufactured homes, Class A, as defined under Appendix A of this ordinance, a continuous, permanent masonry foundation of brick or block which is unpierced except for required ventilation and access constructed to NC State Building Code requirements shall be installed under the perimeter of the home.

7.17.1.6. For manufactured homes, Class B, as defined under Appendix A of this ordinance, a continuous, uniform foundation enclosure unpierced except for required ventilation and access, shall be installed. The enclosure may consist of brick or concrete block, or wood, vinyl, or metal fabricated for this purpose. Any wood framing for foundation skirting shall be constructed with treated lumber.

7.17.1.7. Manufactured homes, Class A shall be placed so that the longest side of the home is parallel to the front property line of the lot. The Board of Adjustment shall be authorized to consider, as a variance, a modification to this parallel orientation standard.

7.17.1.8. For Class A homes, the moving hitch, wheels, axles, and transporting lights shall be removed. For Class B homes, the running lights shall be removed and the hitch shall either be removed or screened with shrubbery.

7.17.1.9. At least two (2) off-street parking spaces shall be provided.

7.17.1.10. All areas not used for placement of the home and its appurtenances, parking, or accessory structures, shall be grassed or otherwise suitably landscaped to prevent erosion.

7.17.1.11. All standards must be met prior to issuance of a certificate of occupancy, and no manufactured home may be parked on a lot for more than sixty (60) days with or without a certificate of occupancy unless all of the above requirements are met.

"Park Model" Recreational Vehicles are not permitted.

Existing manufactured homes, Class A and Class B, existing on the effective date of this ordinance which are nonconforming uses within the zoning districts in which they are located, may be continued and maintained provided that upon their removal, they shall only be replaced with a use permitted within that district.

The minimum lot area for a manufactured home park is three (3) acres; the minimum number of manufactured home spaces for a manufactured home park is six (6) spaces.

Manufactured home parks shall contain only Class B or Class C manufactured homes.

The park shall be graded so as to prevent any water from ponding or accumulating on the premises. All ditch banks shall be sloped and seeded.

Each manufactured home space shall contain a minimum of five thousand (5,000) square feet where public water and sewer service is available and twenty thousand (20,000) square feet where either public water or sewer services is unavailable unless a larger or smaller square footage is required by the County Health Department.

No manufactured home shall be located closer than twenty (20) feet from another manufactured home or any other principal building within the manufactured home park. No manufactured home shall be located closer than forty (40) feet from a public street right-of-way or twenty (20) feet from a private, interior manufactured home park street.

Every manufactured home park development shall be developed so that at least five (5) percent of the total area of the development remains permanently as usable open space. For the purposes of this section, usable open space means an area that:

7.18.6.1. Is not encumbered with any substantial structure;

7.18.6.2. Is not devoted to use as a roadway, parking area, or sidewalk;

7.18.6.3. Is left in its natural or undisturbed state (as of the date development began), if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ballfields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area;

7.18.6.4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;

7.18.6.5. Is lighted to provide full light coverage of the site at night;

7.18.6.6. Is legally and practicably accessible to the residents of the development out of which the required open space is taken.

An enclosed play area of twenty-one (21) square feet per manufactured home lot shall be provided. A turfed area and shaded area of at least forty (40) square feet per manufactured home lot shall also be provided. The enclosed play area shall include at least two (2) commercial grade pieces of play apparatus having a five (5) year warranty.

Recreation facilities and usable open space required to be provided by the owner in accordance with this article shall not be dedicated to the public but shall remain under the ownership and control of the owner (or his successor). The owner of such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.

Existing manufactured home parks which provide manufactured home spaces having a width or area less than that described above may continue to operate with spaces of existing width and area, but in no event shall any such nonconforming manufactured home park be allowed to expand unless such extension meets the requirements of this ordinance.

The area beneath the manufactured home must be fully enclosed with durable skirting within ninety (90) days of placement in the manufactured home park.

Manufactured homes shall have a continuous and permanent skirting installed of brick, cement block, or corrosive-resistant nonreflective skirt extending from the bottom of the manufactured home to the ground. Said skirt shall be provided with a door for crawlspace measuring at least eighteen inches by twenty-four inches (18" x 24") and installed in a uniform manner.

Manufactured homes with or without toilet facilities that cannot be connected to a sanitary sewer shall not be permitted in a manufactured home park.

Manufactured homes shall have the tongue, axles, transportation lights, and towing apparatus removed subsequent to final placement.

Manufactured home shall be provided with a permanent steps, porch, or similar suitable entry, meaning steps that are not portable.

Each manufactured home space shall be graded, the graded areas grassed to prevent erosion, and provide adequate storm drainage (including retention pond facilities, when applicable) away from the manufactured home. Each manufactured home space shall abut upon an improved paved interior drive. The dimensions of all manufactured home spaces shall be shown.

All manufactured home spaces shall abut upon a paved interior drive of no less than thirty-six (36) feet in right-of-way, which shall have unobstructed access to a public street or highway, it being the intent of this section that manufactured home spaces shall not have unobstructed access to public streets or highways except through said interior drive. Interior drives shall be privately owned and maintained. All interior drives shall be graded to their full right-of-way and shall have a road of at least twenty (20) feet in width. Minimum improvements shall be a compacted base of four (4) inches of #7 ABC stone. Roads shall be maintained with paved surface of two (2) inches of asphalt. Graded and stabilized road shoulders and ditches shall be provided. Standing water shall not be permitted.

7.18.14.1. Cul-De-Sacs. Any interior drive designed to be closed shall have a turnaround at the closed end constructed in accordance with Section 10.110.10. The entire right-of-way of such turnaround shall be graded and usable for the turning of motor vehicles. Cul-de-sacs shall not exceed seven hundred fifty (750) feet in length.

7.18.14.2. Access to the manufactured home park must be via a public road. The following street and parking standards shall be complied with:

7.18.14.2.1. Maintenance of such streets shall be provided by the owner or operator of the park, who will be required to post a bond for the first year's maintenance, amount and terms to be determined by the Town Council.

7.18.14.2.2. Streets or drives within the manufactured home park shall intersect as nearly as possible at right angles, and no street shall intersect at less than sixty (60) degrees. Where a street intersects a public street or road, the design standards of the Town of Smithfield shall apply.

7.18.14.2.3. Proposed streets, which are obviously in alignment with others, existing and named, shall bear the assigned name of the existing streets. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of a suffix: Street, Avenue, Boulevard, Drive, Place, Court, etc. New manufactured home park names shall not duplicate or be similar to any existing manufactured home park name in the town. Street name signs that are in compliance with current town policy are required and may be purchased from the town.

7.18.14.2.4. A minimum of two (2) automobile parking spaces surfaced with a minimum of four (4) inches of compacted gravel and paved with two (2) inches of asphalt shall be provided on each manufactured home space and shall not be located within any public right-of-way or within any street in the park.

7.18.14.2.5. All spaces within a manufactured home park shall be serially numbered for mailing address purposes. These numbers shall be displayed in the front of the manufactured home on the driveway side with four-inch lettering.

7.18.14.2.6. When more than five rural mailboxes are used for mail delivery, the approval of the local Post Office Department and the District Highway Engineer shall be required.

Drives shall intersect as nearly as possible at right angles, and no drive shall intersect at less than seventy-five (75) degrees. Where an interior drive intersects a public right-of-way, the design standards of the Town of Smithfield shall apply.

Five-foot wide, four-inch thick sidewalks shall be required on the street right-of-way or adjacent to the street right-of-way in a public easement. The sidewalk(s) shall comply with the Town of Smithfield Standard Detail and Specifications Manual.

Each manufactured home space shall be identified by a permanent number which shall not be changed. All space numbers must be shown on the site development plan. The appropriate number of each manufactured home space must be permanent and visibly displayed on the space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot.

The park owner is responsible for seeing to refuse collection. All refuse shall be collected at least once/week or more if the need is indicated. When manufactured home parks are located in the Smithfield town limits, the applicable sanitation regulations shall be complied with.

7.18.19.1. Within a manufactured home park, one (1) manufactured home may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities, recreational facilities, or any other such facilities shall comply with all applicable ordinances, codes, and statutes regarding buildings, electrical installations, plumbing, and sanitation systems.

7.18.19.2. In each manufactured home park, the permittee or duly authorized attendant or caretaker shall be in charge at all times to keep the manufactured home park, including all service buildings, equipment, commercial structures, and the grounds of the park in a clean, orderly, safe, and sanitary condition and kept free from any condition that will menace the health of any occupant or the public or constitute a nuisance. An onsite management office with twenty-four (24) hour/seven (7) day a week contact capability shall be provided.

All structural additions to manufactured homes other than those which are built into the unit and designed to fold out or extend from it shall be erected only after a building permit is obtained, and such additions shall conform to the North Carolina Building Code, and shall meet the standards of special regulations adopted with respect to such additions. The building permit shall specify whether such structural additions may remain permanently, must be removed when the manufactured home is removed, or must be removed within a specified length of time after the

manufactured home is removed. Structural alterations existing at the time of passage of this ordinance shall be removed within thirty (30) days after the manufactured home which they serve is moved unless attached to another manufactured home on the same site within that period.

Storage of a manufactured home or recreational vehicle is prohibited.

It shall be the duty of the operator of a manufactured home park to keep an accurate register containing a record of all registered occupants. The operator shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register.

7.18.23.1. It shall be unlawful to sell on a commercial basis manufactured homes or trailers within manufactured home parks.

7.18.23.2. It shall be unlawful to sell a manufactured home space(s) within the manufactured home parks.

7.18.23.3. Except for accessory uses, it shall be unlawful to operate any business within a manufactured home park.

A manufactured home park or any portion of a manufactured home park shall not be located within any area included on the Flood Boundary and Floodway Map (FBFM), refer to Appendix A for definition.

A temporary emergency, construction and repair residence shall comply with the dimensional requirements for an accessory building as set forth in Article 8.

A permit for temporary emergency, construction, and repair residence to be occupied pending the construction, repair, or renovation of a permanent single-family dwelling on a site shall expire within six (6) months after the date of the issuance, except that the UDO Administrator may renew such permit if it is determined that: (1) substantial construction, repair work, renovation or restoration work has been done; and (2) such renewal is reasonably necessary to complete the necessary work to make such residence habitable. A Class A manufactured home may be used as a temporary residence.

A tiny house must comply with the North Carolina State Building Code.

A tiny house must be situated on a permanent foundation with secure wind-resistant tie-downs and connected to public water, sewer, and electric utilities.

If the tiny house is constructed on a travel chassis with wheels, the wheels must be removed for permanent location on a foundation.

A tiny house must comply with all UDO requirements for the zoning district in which it is located. Tiny house development shall not be built following the manufactured home park requirements.

The amount of floor space provided per room or occupant shall be that provided in the applicable North Carolina Building Code.

No such business shall be located within two thousand (2,000) feet of any other sexually-oriented business, as measured in a straight line from property line to property line.

No such business shall be located within two thousand (2,000) feet of a church, public or private elementary or secondary school, child day care or nursery, public park, residentially-used or residentially-zoned property, or any establishment with an on-premises ABC license, as measured on a straight line from property line to property line.

There shall be no more than one (1) adult-oriented business on the same property or in the same building, structure, or portion thereof.

No other principal or accessory use may occupy the same building, structure, property, or portion thereof of any adult-oriented business.

Except for signs as permitted under Article 10, Part III of this ordinance, there shall be no other advertisements, displays, or other promotional materials visible to the public from pedestrian sidewalks, walkway, or vehicular use areas.

No person shall permit any building, premises, structure, or other facility that contains any adult establishment to contain any other kind of adult establishment. No person shall permit any building, premises, structure, or other facility in which sexually-oriented devices are sold, distributed, exhibited, or contained to contain any adult establishment.

No person shall permit any viewing booth in an adult mini motion picture theatre to be occupied by more than one (1) person at any time.

Automobile service stations and or gas pumping stations shall be permitted in accordance with Section 6.5, provided the following conditions are met:

7.22.1.1. The 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.

7.22.1.2. The station shall not overhaul motors; provide upholstery work, auto glass work, painting, welding, bodywork, tire recapping, or auto dismantling.

7.22.1.3. The station shall provide a Type C buffer along the property lines that abut residential properties in accordance with Section 10.14 of this ordinance.

7.22.1.4. Lighting facilities shall be in accordance with Part IV of this ordinance. Stations shall extinguish all floodlights at the close of daily operation or 11:00 p.m., whichever is earlier.

7.22.1.5. Exterior display of items offered for sale shall meet all building setback requirements and shall be located in containers, racks or other structures designed to display merchandise, not to include wood pallets, and comply with Section 7.30.3.

7.22.1.6. No vehicle that has been repaired and is awaiting removal, or that is awaiting repair, shall be stored or parked for more than thirty (30) consecutive days.

Automobile service stations located shall have no gasoline or oil pump located within fifteen (15) feet of any street right-of-way line.

Electric vehicle charging stations should be reserved for parking and charging of electric vehicles only.

Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

For land use compatibility purposes, the charging activity should be proportionate to the associated permitted use. Electric vehicle charging station(s) shall be permitted in a single- or multi-family garage designed to service the occupants of the home/dwelling unit as an accessory use. Accessory single-family charging stations shall not exceed residential building code electrical limitations. Whereas, charging station(s) installed in a parking lot for non single-family residential use are expected to have intensive use and will be permitted to have multiple "rapid charging stations" to serve expected demand.

Exchange stations are permitted in any commercial or industrial zoning district, provided, however, all other requirements for the building or space the use occupies are satisfied, including, but not limited to, the UDO, fire code, and building code requirements. This use is specifically prohibited in exclusively residential or conservation/recreation zoning districts.

The following criteria shall be applied to electric charging facilities:

7.23.5.1. Number Required. This is an optional improvement. No minimum number of stalls applies. Provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site's parking needs.

7.23.5.2. Generally. Location and provision of electric vehicle parking will vary based on the design and use of the primary parking lot, keeping in mind flexibility will be needed in various parking lot layout options.

7.23.5.3. Signage to Identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations should be included if time limits or tow away provisions are to be enforced by the owner.

7.23.5.4. Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment.

7.23.5.5. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility.

7.23.5.6. Lighting. Where charging station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only.

7.23.5.7. Notification of Station Specifics. Information on the charging station identifying voltage and amperage levels and any time of use, fees, or safety information.

7.23.5.8. Avoid Conflict with Handicap Spots. Stalls should generally not be located adjacent to handicap spots unless designed for handicapped use.

Food trucks may conduct sales while parked on a public street when the Town Council has approved a temporary street closing or on property owned by the town for a town-sponsored or civic event such as a street festival/fair, or Town Council approved special event.

Food trucks may operate on an individual private property for a maximum of ninety (90) days, each calendar year when utilizing a temporary event permit for each individual parcel on which the food truck is located.

Food trucks must be located at least one hundred (100) feet from the front door of any restaurant and outdoor dining area during restaurant business hours and at least fifty (50) feet from any permitted mobile food vending cart location. Additionally, food trucks are prohibited from parking closer than fifteen (15) feet of a fire hydrant, and closer than five (5) feet of a driveway, utility box or vault, handicapped ramp, building entrance or exit, or emergency call box. Food trucks serving alcoholic beverages shall be no closer than fifty (50) feet from any place of worship. These minimum distance requirements are all measured in a straight line from the closest point of the proposed food truck location to the closest point from the buffered point, or in the case of a restaurant measured from the closest point of the restaurants main entrance. If a zoning permit is issued and a restaurant or place of worship subsequently opens within buffered distance (measured from the restaurants/place of worship main entrance) of the approved food truck location, the food truck may continue to operate until the permit expires.

A zoning permit is required for each site and must be signed by the property owner and completed and submitted along with a site plan or plot plan. If a property owner has a property large enough to accommodate more than one (1) food truck, only one (1) zoning permit is required to be submitted showing the location of all food trucks. The plot plan must show the limits of the property, the location(s) of the proposed food truck, and label adjoining uses on neighboring properties. The applicant must also submit a copy of a valid permit for a mobile food unit, NC Sales and Use Certificate, NC Department of Agriculture Permit, and/or ABC Permit when applicable, location of approved grease disposal facility, proof of food truck storage location and a copy of the vehicle or trailer registration.

Food trucks may not occupy any required parking stall for the primary use while the primary use is open to the public. Food trucks and the primary use may share parking spaces when having separate hours of operation. Parking stalls that are overflow or extra according to the regulations in the UDO may be used to park a food truck; however, parking stalls leased to another business or adjacent use may not be used unless the food truck is operating under separate hours of operation. Food trucks may not park in handicapped accessible parking spaces, nor can they park in access or drive aisles. The approved location for the parking trucks, as shown on the zoning permit, must be physically marked. The food truck parking space can be marked with paint, tape or other easily identifiable material. Food trucks may not be parked in an approved location after hours of operation.

Food trucks may operate between the hours of 6:00 a.m. and 10:00 p.m., unless the food truck is located within one hundred fifty (150) feet of a property with a single- or two-family residential dwelling. When located within 150 feet of this residential dwelling, the hours of operation shall be between 7:00 a.m. and 6:00 p.m. This measurement is taken from the property line of the residential dwelling in a straight line to the closest point of the approved food truck location.

Food trucks may not use audio amplification. Freestanding signage shall be limited to a single sandwich board sign of a maximum height of four (4) feet and a maximum length of three (3) feet. All equipment and signage associated with the food trucks must be located within three (3) feet of the food truck. The food truck operator is responsible for disposing of all trash associated with the operation of the food truck. town trash receptacles may not be used to dispose trash or waste. All areas within fifteen (15) feet of the food truck must be kept clean. Grease and liquid waste may not be disposed in tree pits, storm drains, the sanitary sewer system or public streets. Food trucks are all subject to the town-wide noise ordinance.

7.25.8.1. Maximum of two (2) food trucks on lots of one-half (½) acres or less.

7.25.8.2. Maximum of three (3) food trucks on lots between one-half (½) acre and 1 acre.

7.25.8.3. Maximum of four (4) food trucks on lots greater than one (1) acre.

7.25.8.4. Outdoor seating associated with a food truck is only permitted on lots at least two (2) acres in size or greater.

7.25.9.1. Food trucks when located at outdoor flea markets are exempt from Section 7.25.2 and Section 7.25.4. Food trucks at outdoor flea markets shall operate under a valid special use permit for the flea market and are permitted to operate under the same hours of operation.

7.25.9.2. The number and location of food trucks operating with a town-sponsored or civic event such as a street festival/fair, or Town Council approved special event shall be regulated with the permit.

All vendor shelters or structures shall comply with state building code.

All vendors shall maintain the same hours as the flea market unless operating under a separate zoning permit.

There shall be adequate ingress and egress such that there is no stacking onto public rights-of-ways.

All parking shall comply with Article 10, Part I.

Solar farms shall meet the minimum zoning setbacks for the zoning district in which located.

Ten (10) feet maximum.

Solar farms with panels located less than one hundred (100) feet from an adjacent public street right-of-way, a residentially zoned property, or a property currently utilized for residential purposes must be screened by a continuous screen of evergreen vegetation intended to be at least six (6) feet high and three (3) feet thick at maturity.

A site plan is required in accordance with Article 5.

7.29.5.1. Approved Solar Components—Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).

7.29.5.2. Compliance with Building and Electrical Code—All solar farms shall meet all requirements of the International Building Code with North Carolina Amendments.

7.29.6.1. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application.

7.29.6.1.1. Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for twelve (12) months, etc.).

7.29.6.1.2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

7.29.6.1.3. Restoration of property to condition prior to development of the solar farm.

7.29.6.1.4. The timeframe for completion of decommissioning activities.

7.29.6.1.5. Description of any agreement (i.e., lease) with landowner regarding decommissioning.

7.29.6.1.6. The party currently responsible for decommissioning.

7.29.6.1.7. Plans for updating this decommissioning plan.

7.29.6.2. Before final electrical inspection, provide evidence decommissioning plan was recorded with the Register of Deeds.

7.29.6.3. Applicants proposing development of a solar farm must provide the town a form of surety equal to one hundred twenty-five (125) percent of the entire cost, as estimated by the applicant and approved by the Town Attorney, through an instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated by the applicant as an official depository of the town, to cover the cost of removal in the event the applicant is unable to perform any required removal and the town choose to do so. Following initial submittal of the surety, the cost calculation shall be reviewed every twelve-months by the applicant and adjusted accordingly based upon the estimated decommissioning costs in current dollars. The adjustment must be approved by the town. Failure to comply with any requirement of this paragraph shall result in the immediate termination and revocation of all prior approvals and permits; further, the Town of Smithfield shall be entitled to make immediate demand upon, and/or retain any proceeds of, the surety, which shall be used for decommissioning and/or removal of the solar farm, even if still operational.

Special events requiring temporary use permits approved by the Town Council. The Town Council shall consider the effects of the use on adjacent properties and shall set a specific time limit on such uses:

[7.30.1.1. Reserved.]

7.30.1.2. Events with amplified sound.

7.30.1.3. Events with one hundred (100) people or more in attendance.

7.30.1.4. Events that require closure or blockage of town streets.

7.30.1.5. Events with food trucks on private property in accordance with Section 7.25.1

7.30.1.6. Events that have a likelihood of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare as determined by the Planning Director.

7.30.1.7. Events that occur within Town Parks are exempt from temporary use permits except when there is a planned street closure, or amplified sound Monday—Saturday after 9:00 p.m. (10:00 p.m. if associated with the Town amphitheater).

(Ord. No. ZA-23-11, pt. 1, 10-3-23)

These are defined as events which are in part, or wholly, sponsored by the town, recognized by the town, or proclaimed as a town-recognized event by the Town Council. Such events shall include only those listed on the town-recognized event list as maintained by the Town Clerk. The town-recognized event list may be amended as needed by the Town Council. The event sponsors are required to complete temporary use permits applications for administrative approval and are subject to the maximum allowable time frames and temporary signage requirements of Article 10, Part III.

Temporary use permits are not required for the following, but may be subject to the maximum allowable time frames and temporary signage requirements:

7.30.3.1. Athletic events held at approved sports facilities;

7.30.3.2. Temporary not-for-profit car washes held on developed sites;

7.30.3.3. Block parties occurring entirely upon the grounds of a private residence or common area of a multi-family residential development;

7.30.3.4. Other events with ninety-nine (99) people or fewer in attendance provided there is little likelihood of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare;

7.30.3.5. Private events which are not open to members of the general public typically has a duration of less than twelve (12) hours, and which is not expected to have significant negative impacts on surrounding properties, such as wedding ceremonies, funerals, and private parties, etc.; and

7.30.3.6. Events which occur or take place entirely within the boundaries of a parcel or parcels which possess development plan approval for such activities, i.e., assembly halls, convention centers, amphitheaters, or event centers, etc.

7.30.3.7. Non-profit on-site sales events.

7.30.3.8. Sale of goods other than agricultural products in accordance with UDO Section 7.30.3.

Merchants may display and/or sell goods in the town on a temporary basis without establishing a permanent place of business, subject to the requirements of this ordinance. The outdoor display and/or sale of goods consistent with the provisions of this ordinance is considered an accessory use and does not require a temporary use permit. Additionally:

7.30.4.1. The proposed display or sales of goods for commercial purposes may not occur within two hundred (200) feet of an occupied residential dwelling unit.

7.30.4.2. The proposed display or sales of goods for commercial, public, or institutional purposes shall take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed outparcel of such a site. Upon approval of the Planning Director, temporary sales of goods for a public or institutional purpose may take place on public property.

7.30.4.3. A temporary display or sale of products shall be limited in scope to similar or complimentary products to those offered by the existing principal use.

7.30.4.4. Sale of goods other than agricultural products require written permission from the property owner.

7.30.4.5. The hours of operation are limited to 7:30 a.m. to 10 p.m., or the same hours as the principal use, whichever is more restrictive.

7.30.4.6. The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than ninety (90) total days per calendar year, and no more often than three (3) events per calendar year.

7.30.4.7. The temporary sale of non-agricultural products shall utilize existing pedestrian and vehicular ingress, egress and parking. Structures shall be in accordance with NC Building Code.

For purpose of this section, locally grown agricultural products are defined agricultural products grown within the State of North Carolina. Including, but not limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pine straw; bees and beekeeping products; seafood; dairy products, any USDA-recognized agricultural product. For purposes of this section, processed or prepared food products of any kind shall not be considered as agricultural products. Additionally:

7.30.5.1. Temporary sale of locally grown agricultural products may occur from a vacant lot in accordance with Section 6.6.

7.30.5.2. The temporary sale of locally grown agricultural products is exempt from the requirement to be similar to the products of the principal use.

7.30.5.3. The temporary sale of locally grown agricultural products may be accomplished from a vehicle, trailer, or tent. Tents may require a building permit.

7.30.5.4. The temporary sales of locally grown agricultural products within the street right-of-way and required landscape yards shall be prohibited. Location of temporary sales of locally grown agricultural products must provide for safe vehicular access and adequate parking.

7.30.5.5. The quantity of temporary sales of locally grown agricultural products shall be limited to one (1) vendor for every seventy-five (75) linear feet of road frontage per lot.

7.30.5.6. The temporary sale of locally grown agricultural products shall be allowed only by purchase of an annual permit which shall expire on December 31st of each calendar year.

7.30.5.7. A permit application for temporary sales of locally grown agricultural products must include a signed and notarized written letter of permission from the property owners allowing the applicant to conduct temporary sales of locally grown agricultural products on the property considered for approval. The application shall also include a scaled site plan showing the location of any tent or temporary structure to be used, the location of pedestrian, vehicular, and emergency ingress and egress, the location and number of available off-street parking spaces, the location, size, color, and design of any temporary sign, and electrical power connection, if applicable.

7.30.5.8. Temporary Sign. Signs advertising the temporary sale of locally grown agricultural products for sale shall be allowed provided that they meet the requirements of Article 10, Part III, and the following:

7.30.5.8.1. On properties where temporary sales of locally grown agricultural products are grown and sold, one (1) ground sign is allowed facing each road on which the property has frontage in accordance with Section 10.26.

¹  Measured from the center of the wind turbine base to the property line, right-of-way, or nearest point on the foundation of the occupied building.

²  Calculated by multiplying required setback number by wind turbine height.

Two hundred fifty (250) feet maximum.

Rotor blades on wind turbines must maintain at least twenty-four (24) feet of clearance between their lowest point and the ground.

Wind farms must be set back at least one hundred fifty (150) feet from any residential district; no energy generating equipment may be located within one hundred fifty (150) feet of any public right-of-way; and screening and landscaping shall be provided in accordance with Article 10, Part II.

All wind farms are required to enter into an interconnection agreement with the town prior to connection.

7.31.6.1. Audible sound from a wind turbine shall not exceed fifty-five (55) dBA, as measured at any off-site occupied building of a non-participating landowner.

7.31.6.2. Shadow flicker at any occupied building on a non-participating landowner's property caused by a wind energy facility located within two thousand five hundred (2,500) feet of the occupied building shall not exceed thirty (30) hours per year.

7.31.6.3. Wind turbines may not interfere with normal radio and television reception in the vicinity. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any wind energy facility.

7.31.7.1. Submit a site plan denoting the dimensions of the parcel, proposed wind farm location (arrangement of turbines and related equipment), distance from the proposed area to all property lines, and location of the driveway(s). No developed portion of the wind farm area may encroach into the required setbacks and any buffer area(s).

7.31.7.2. Provide the representative type and height of the wind turbine in the form of horizontal and vertical (elevation) to-scale drawings.

7.31.7.3. Provide a statement, including the generating capacity of the turbines, dimensions and respective manufacturers of all generating systems and equipment, and a description of ancillary facilities.

7.31.7.4. Provide proof of compliance with applicable Federal Aviation Administration regulations.

7.31.7.5. An applicant for a wind farm special use permit shall include with the application an analysis of the potential impacts of the wind power project, proposed mitigating measures, and any adverse environmental effects that cannot be avoided within one-quarter (¼) mile of the site property line, in the following areas:

7.31.7.5.1. Demographics including people, homes, and businesses.

7.31.7.5.2. Noise.

7.31.7.5.3. Visual impacts.

7.31.7.5.4. Public services and infrastructure.

7.31.7.5.5. Cultural and archaeological impacts.

7.31.7.5.6. Recreational resources.

7.31.7.5.7. Public health and safety, including air traffic, electromagnetic fields, and security and traffic.

7.31.7.5.8. Additional or new hazardous materials.

[7.31.7.5.9. Reserved.]

7.31.7.5.10. Impact on tourism and community benefits.

[7.31.7.5.11—7.31.7.5.16. Reserved.]

7.31.7.5.17. Avian impact assessment that includes an indication of the type and number of birds that are known or suspected to use a project site and the area surrounding that site as well as known migration routes and patterns.

7.31.7.5.18. Wildlife impact assessment, including migration routes and patterns.

7.31.7.5.19. Rare and unique natural resources.

7.31.7.6. An applicant for Wind Farm special use permit shall state in the application whether a Certificate of Public Convenience and Necessity for the system is required from the North Carolina Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The town may ask the utilities commission to determine whether a certificate of public convenience and necessity is required for a particular wind power project for which the town has received an application. The town shall not approve a project requiring a certificate unless and until such certificate is issued by the Utilities Commission.

7.31.8.1. The installation and design of the wind generation facility shall conform to applicable industry standards, including those of the American National Standards Institute.

7.31.8.2. Attachment of a tower or supporting structure to a building of any kind shall be prohibited.

7.31.9.1. The wind turbine shall be constructed of a corrosion resistant material that will not fade, show rust spots or otherwise change the appearance as a result of exposure to the elements, and be a non-obtrusive color such as white, off-white or gray; and

7.31.9.2. The wind turbine shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Any wind generation facility that is not functional shall be repaired by the owner within a six-month period or be removed. In the event that the town becomes aware of any wind farm that is not operated for a continuous period of six (6) months, the town will notify the landowner by certified mail and provide thirty (30) days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the town deems the timetable for corrective action as unreasonable, the town shall notify the landowner, and such landowner shall remove the turbine(s) with one hundred eighty (180) days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

7.31.11.1. The applicant must remove the wind generation facility if, after the completion of the construction, the wind generation facility fails to begin operation, or becomes inoperable for a continuous period of one (1) year.

7.31.11.2. The one-year period may be extended upon a showing of good cause on appeal to the Town of Smithfield Board of Adjustment.

7.31.11.3. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application.

7.31.11.3.1. Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for twelve (12) months, etc.)

7.31.11.3.2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

7.31.11.3.3. Restoration of property to condition prior to development of the wind farm.

7.31.11.3.4. The timeframe for completion of decommissioning activities.

7.31.11.3.5. Description of any agreement (i.e., lease) with landowner regarding decommissioning.

7.31.11.3.6. The party currently responsible for decommissioning.

7.31.11.3.7. Plans for updating this decommissioning plan.

7.31.11.4. Before final electrical inspection, provide evidence decommissioning plan was recorded with the Register of Deeds.

7.31.11.5. Applicants proposing development of a wind farm must provide the town a form of surety equal to one hundred twenty-five (125) percent of the entire cost, as estimated by the applicant and approved by the Town Attorney, through an instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated by the applicant as an official depository of the town, to cover the cost of removal in the event the applicant is unable to perform any required removal and the town choose to do so. Following initial submittal of the surety, the cost calculation shall be reviewed every twelve (12) months by the applicant and adjusted accordingly based upon the estimated decommissioning costs in current dollars. The adjustment must be approved by the town. Failure to comply with any requirement of this paragraph shall result in the immediate termination and revocation of all prior approvals and permits; further, the Town of Smithfield shall be entitled to make immediate demand upon, and/or retain any proceeds of, the surety, which shall be used for decommissioning and/or removal of the wind farm, even if still operational.

Churches/places of worship and club or private lodge meeting halls shall have adequate parking meeting Article 10, Part I.

The land use will not significantly increase traffic on local roadways within a residential neighborhood.

In B-2 and B-3 zoning districts, the land use should not substantially decrease vehicular and/or pedestrian traffic or inhibit business activity for adjacent commercial businesses particularly during normal business hours. Obviously, some businesses have more traffic than others. The town recognizes that businesses in these zoning districts need active adjacent business space to attract customers to B-2 and B-2 Zoning Districts. The town intends for planning policies to encourage business traffic in these zoning districts while not prohibiting uses with less traffic. If a special use, due to inactivity during business hours or otherwise, substantially decreases commercial traffic then that special use is likely not to be in harmony with the existing development and uses with the area in which it is to be located.

The land use will not impede the normal and orderly development of the surrounding property for uses permitted in the district. If a substantial portion of a commercial center is closed or not attracting traffic during normal business hours then that absence of activity would likely impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

All recreational vehicle parks shall be at least three (3) acres in size.

Every space shall consist of a minimum of two thousand (2,000) square feet.

All recreational vehicles parks must adhere to the following dimensional requirements:

7.33.3.1. Minimum structure separation for recreational vehicles: Ten (10) feet.

7.33.3.2. Minimum separation from other structures: Twenty (20) feet.

7.33.3.3. Minimum exterior property boundary setback: Twenty (20) feet.

Within a recreational vehicle park, one (1) commercial modular office unit may be used as an administrative office.

Each park shall provide a central structure or structures that will supply separate toilet facilities and showers for both sexes, to be maintained and kept in good repair at all times.

Establishments of a commercial nature including food stores and coin operated laundry may be permitted in recreational vehicle parks subject to the following conditions:

7.33.6.1. Such establishments shall be located, intended, and designed to serve only the trade or service needs of persons residing in the park.

7.33.6.2. Establishments shall be accessory to the use and character of the park.

7.33.6.3. Access to the commercial establishment must be from interior streets.

7.33.6.4. Off-street parking for commercial establishments shall be provided at a ratio of one (1) space for every four hundred (400) square feet of gross floor area.

No individual sites may be permitted within the jurisdiction of a special flood hazard area but may be set aside for passive open space.

Recreational vehicle parks may allow for designated tent-only camping sites, not to exceed twenty (20) percent of the park's gross area.

Permanent parking and storing of a recreational vehicle shall not be permitted in the park.

No manufactured home used for residential purposes shall be permitted in a recreational vehicle park.

The operator of a recreational vehicle park shall keep an accurate register containing a list and description of all homes located in the park and owner thereof.

All parks shall adhere to Article 10, Part II, Landscape Requirements.

A safe, adequate, and convenient central water supply and sewage system connection must be provided for each park space. All recreational vehicle parks must be connected to central public water and sewer systems or state approved private central water and sewer systems.

Park owners shall make arrangements for a private vendor or other sources to collect refuse, either from individual spaces or from centrally located dumpster sites. All dumpster locations are to be fenced and screened from view. Individual refuse receptacles shall be waterproof and rodent proof.

The location and dimensions of all proposed and existing rights-of-way, utility or other easements, riding trails, pedestrian or bicycle paths, natural buffers, and areas if any to be dedicated to public use with the purpose of each stated shall be referenced on the site plan.

No individual recreational vehicle space shall have direct access to a public-maintained road.

All driveways must be constructed of all-weather material, such as bituminous or concrete or equal, and shall comply with Section 10.2.4. Recreational vehicle parks shall have direct access to a public maintained road and shall have a secondary exit.

All RV parks shall have a twenty-four-hour attendant on duty for security and emergency purposes.

The purpose of residential cluster development is to provide an alternative development option that will:

7.34.1.1. Promote more efficient use of land resources than is otherwise possible under conventional zoning and subdivision regulations.

7.34.1.2. Reduce the per unit site development costs of dwellings by concentrating residential development on a portion of the site without increasing the overall gross density above that which would normally be allowed pursuant to Article 8, Zoning District Design Standards.

7.34.1.3. Preserve the natural character of the site.

7.34.1.4. Preserve farmland and scenic views.

7.34.1.5. Provide for desirable and usable open space, tree cover, and the preservation of environmentally sensitive areas.

7.34.1.6. Provide variety in residential buildings and properties and provide design flexibility that can relate the location of units to unique site conditions.

7.34.1.7. For the purposes of this section, a residential cluster development is defined as:

7.34.1.7.1. A single-family residential development design wherein conventional zoning standards are relaxed to permit modifications in lot area, lot width, lot frontage, lot coverage, required yards, and public street access, and to save infrastructure development cost, environmental damage, energy use and land resources by concentrating development in specific areas of the site without increasing the gross density above that which would normally be allowed pursuant to Article 8, Zoning District Design Standards.

7.34.1.7.2. Such development shall contain detached single-family dwellings only; and

7.34.1.7.3. Such development shall provide a program for the provision, operation and maintenance of such areas, facilities and improvements as shall be required for the perpetual common use by the occupants of the development.

Residential cluster developments shall contain not less than ten (10) acres of net area. Addition to any existing cluster development may be allowed provided such addition meets or exceeds all other applicable requirements.

Subject to the paragraph above, a residential cluster development shall be exempt from the conventional zoning standards relative to lot area, lot width, lot frontage, lot coverage, required yards and public street access normally applicable to such districts, provided such development complies with the minimum standards set forth under this section.

A residential cluster development shall provide open space(s) subject to all the following requirements:

7.34.2.1. Such open space shall be greater or equal in area to the total amount of area by which each lot was reduced below the minimum lot size requirement of the prevailing zoning district, or as provided under subsection 7.34.2.2, below, whichever is greater.

7.34.2.2. Residential cluster developments shall reserve not less than fifteen (15) percent of the gross acreage as common open space.

7.34.2.3. Such area shall not be used as a building site. For purposes of this section, picnic areas or shelters, ball fields, walking or jogging trails, boat ramps and docks or other similar recreational facilities may be allowed.

7.34.2.4. Such area shall not be devoted to stormwater management facilities, public street right-of-way, private driveways or parking areas.

7.34.2.5. Such area shall be left in its natural or undisturbed state if wooded at the time of development, except for the cutting of trails for walking or jogging or, if not wooded at the time of development, is improved for the uses listed under subsection 7.34.2.3 above, or is properly vegetated and landscaped with the objectives of creating a wooded area or other area that is consistent with the objective set forth in subsection 7.34.2.6 below.

7.34.2.6. Such area shall be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation or for horticulture if not devoted to other allowable uses in this subsection.

7.34.2.7. Such area shall be legally and practically accessible to the residents of the development, or to the public if so dedicated.

7.34.2.8. A minimum of one-half (½) of the required open space shall be contained in one (1) continuous undivided part.

7.34.2.9. Not more than twenty-five (25) percent of the required open space shall lie within any floodway zone or wetlands.

7.34.2.10. Not more than twenty-five (25) of the required open space may be devoted to allowable improvements as set forth in subsection 7.34.2.3 above.

7.34.2.11. Such area shall be perpetually owned and maintained for the purposes of this section by a homeowners association or, at the option of the town, dedicated or deeded to the public.

7.34.2.12. The location and arrangement of any open space(s) shall be subject to Town Council approval.

7.34.2.13. The owner shall, pursuant to the subdivision regulations, cause a final subdivision plat to be recorded in the Johnston County Register of Deeds which clearly describes the open space(s), required deed restrictions, and conditions thereof, prior to the issuance of any building permit(s).

7.34.3.1. Residential density shall not exceed that which would normally be permitted in accordance to Article 8.

7.34.3.2. Area dedicated or deeded to the town pursuant to the sections above shall count towards gross area for purposes of density calculation.

7.34.4.1. Lot Area. Not less than sixty (60) percent of the minimum lot area which would normally be required under the single-family standards of the prevailing zoning district.

7.34.4.2. Lot Width. Forty (40) feet.

7.34.4.3. Lot Frontage. Forty (40) feet, except on the radius of a cul-de-sac where such distance may be reduced to twenty (20) feet.

7.34.4.4. Public Street Setback. Principal and accessory structure setbacks shall be in accordance with Article 8.

7.34.4.5. Side Yard Setback. Shall be subject to Section 7.34.5 (zero lot line) or not less than twelve (12) feet, provided however, that no structure shall be located on more than one (1) side lot line. Dwellings which do not utilize the provisions of Section 7.34.5 (zero lot line) and are not located adjacent to a lot line subject to Section 7.34.5 shall maintain a minimum side setback of not less than six (6) feet.

7.34.4.6. Rear Yard Setback. The rear yard setback shall not be less than twelve (12) feet.

7.34.4.7. Building Separations. No portion of any principal structure shall be located less than twelve (12) feet from any other principal structure or less than ten (10) feet from any accessory structure as measured to the closest point.

7.34.4.8. Periphery Boundary Setback. Except as further provided no principal or accessory structure shall be located less than twenty-five (25) feet from the peripheral boundaries of the residential cluster development.

7.34.4.9. Transition Area Setback. Where a residential cluster development adjoins or borders an existing single-family zoning district or other predominantly single-family development sharing common frontage on the same or opposite side of a public street, the residential cluster development shall maintain the same setback from the public right-of-way.

For purposes of this subsection, "other predominantly single-family development" shall be that area within one hundred (100) feet of the external boundary of the residential cluster development in which fifty (50) percent or more of the conforming land uses are detached single-family residential.

7.34.4.10. Maximum Height. Thirty-five (35) feet.

7.34.4.11. Detached Accessory Structures.

7.34.4.11.1. Shall not be located within any front yard or side yard setback;

7.34.4.11.2. Shall not be located within ten (10) feet of any other structure;

7.34.4.11.3. Shall not cover more than twenty (20) percent of any side or rear yard; and

7.34.4.11.4. The side or rear yard requirement for detached accessory structures shall be subject to the provisions of Section 7.34.5 (zero lot line) or not less than five (5) feet.

A zero-side yard setback are permitted herein, subject to the following provisions:

7.34.5.1. Any wall constructed on the side or rear lot line shall be a solid doorless and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line, such offset shall be subject to the applicable provisions of subsections 7.34.4.5 and 7.34.4.6. Roof eaves may encroach two (2) feet into the adjoining lot;

7.34.5.2. A five-foot maintenance and access easement with a maximum eave encroachment easement of two (2) feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance;

7.34.5.3. Where zero side yard setbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivision plat.

All development regulated in accordance with this section shall be subject to the requirements, conditions, and restrictions of the subdivision regulations, see Article 10, Part X.

Multi-family apartment complexes shall comply with the following standards:

7.35.1.1. No off-street parking space shall be located closer than ten (10) feet to any residential building wall.

7.35.1.2. Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas.

7.35.1.3. Individual storage space containing at least twenty-four (24) square feet of enclosed floor area with a minimum height of seven (7) feet shall be provided for each dwelling unit in a multi-family development. Such storage space shall be located either in the same building as the dwelling unit it serves or in an accessory building that may also house parking, recreational, laundry, or other facilities that serve the residents of the development

7.35.1.4. Multi-family Apartment Complex Building Design and Appearance Requirements.

All buildings, including community building/club house, storage buildings, maintenance buildings, garages and buildings containing dwelling units shall be constructed with at least four (4) of the following five (5) building design and appearance requirements:

7.35.1.4.1. Multiple building materials (e.g., brick, fieldstone, limestone, marble, granite, textured block, architectural pre-cast concrete, concrete composite siding, wood clapboard siding, wood beaded siding, stucco, E.F.I.S., aluminum siding, etc.); Multiple surface textures (e.g., rough, striated, imprinted, etc.);

7.35.1.4.2. Multiple surface textures (e.g., rough, striated, imprinted, etc.);

7.35.1.4.3. Façade modulations (e.g., building off-sets of at least two (2) feet in depth for every forty (40) feet of building wall length);

7.35.1.4.4. Architectural elements (e.g., quoins, pilasters, soldier courses, friezes, cornices, dentils, etc.) or roof line changes (e.g., changes in direction of ridge, changes in elevation of ridge, inclusion of dormers, etc.);

7.35.1.4.5. Multiple colors (the maximum number of colors shall not be limited, provided however, that there shall be no more than three (3) discernable colors and the primary color shall constitute a minimum of sixty (60) percent of the façade (excluding windows, doors, roofing, fascia materials, or soffit materials).

7.35.1.4.6. All multi-family or apartment complex developments with one (1) or more dumpsters or a trash compactor must provide a recycling area and a cardboard dumpster; both shall be screened with similar materials to the dumpster or compactor enclosure.

7.35.1.5. Open Space (Recreation) Area Requirements. New multifamily developments of twenty-five (25) units or more shall be required, as a condition of site plan approval, to provide a minimum of eight hundred (800) square feet of unpaved, usable open space with lawn or other soft surface for an outdoor children's play area, plus an additional fifty (50) square feet of usable open space for each additional unit beyond the initial ten (10) units, up to a maximum of ten thousand (10,000) square feet, except that this requirement does not apply to multifamily development located downtown or to developments devoted exclusively to senior citizens.

7.35.1.5.1. The features and spaces should enhance the building and center as integral parts of the community. The use of such features as plazas, patios, and courtyards should be used when practical.

7.35.1.5.2. Active open space shall meet the minimum design criteria:

7.35.1.5.2.1. The minimum dimension shall be twenty-five (25) feet; and

7.35.1.5.2.2. Earth berms, vegetative screening, or fencing should separate the play area from driving and parking areas; and

7.35.1.5.2.3. Residents should have convenient access; and

7.35.1.5.2.4. The design should invite a variety of active and passive recreational activities appropriate for children by utilizing unique natural features, creating gentle slopes or berms, and providing other amenities such as seating benches or play equipment.

7.35.1.5.3. The children's play area shall not be located in any required landscape yard or buffer.

7.35.1.5.4. The children's play area may be dispersed on the site; provided, that the minimum size of each area is five hundred (500) square feet or larger.

Townhouses and condominiums shall comply with the following standards:

7.35.2.1. Maintenance. A property owners association shall be established and shall maintain everything on the outside of the townhouses, including, but not limited to, open space, landscaping, siding, roofing, porches, trim, mailboxes, driveways, and alleys.

7.35.2.2. The applicant shall file in the Johnston County Register of Deeds office at the time of site development approval, legal documents which shall provide guarantees for reserving the use of open space for the use and enjoyment of the residents of the development and provide:

7.35.2.2.1. Continuity of proper maintenance for those portions of open space land requiring maintenance;

7.35.2.2.2. Availability of funds required for such maintenance;

7.35.2.2.3. Adequate insurance protection; and

7.35.2.2.4. Recovery for loss sustained by casualty, condemnation, or otherwise.

All treatment rooms or kennels in a veterinary clinic or hospital shall be designed and maintained within a completely enclosed soundproof building, and the veterinary clinic or hospital shall be operated in such a way as to produce no objectionable odors outside its walls.

Outdoor exercise and bathroom areas shall only be permitted according to the following conditions: a) Such areas shall only be used between the hours of 7:00 a.m. to 10:00 p.m. b) Such areas shall be screened to ensure compatibility with surrounding land uses. c) Such areas shall be set back at least fifty (50) feet from the lot line when the adjacent use or zoning is residential. d) Such areas shall be enclosed by a fence at least six (6) feet in height.

Animal waste shall be disposed of properly in a timely manner.

Queuing lanes and service windows shall be located on the side and rear only. Where use is located adjacent to residential zoning or residential use, a Type A buffer shall be required.

Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Adequate queuing lane space shall be provided, without interfering with on-site parking/circulation.

Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.

Each food or beverage drive-in business shall place refuse receptacles at all exits.

The operation shall be adequately buffered with a Type C buffer along the property lines that abut residential properties in accordance with Section 10.14 of this ordinance.

All repair activities shall be conducted within an enclosed structure and no outside storage of disassembled vehicles, or parts thereof, shall be permitted on site, except in the Heavy Industrial District. In the Heavy Industrial (HI) District, repair and maintenance activities shall be conducted within an enclosed structure or within an area screened from the view of adjacent lands by solid fencing, dense vegetative buffers, earthen berms, and/or other effective screening.

Vehicles shall not be tested off-site on residential streets.

Vehicles to be serviced shall be comply with Section 7.44.

Outdoor storage of salvage or wrecked vehicles shall be prohibited.

The car wash shall be capable of being enclosed when not in operation.

Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.

Any car wash line exit shall be at least thirty (30) feet distant from any public right-of-way.

Sound from any speakers used on the premises shall not be audible above a level of normal conversation at the boundary of any surrounding residential district or on any residential property.

Water from the car wash shall not drain across any sidewalk or into a public right-of-way.

Queueing or parking of cars associated with the carwash is prohibited within the public right-of-way

The only commercial uses permitted on the site of a self-service storage facility use shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.

A security or caretaker quarters use may be established on the site of a self-storage facility.

Except as provided in this section, all property stored on the site of a self-service storage facility use shall be entirely within enclosed buildings.

Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

7.40.4.1. The storage shall occur only within a designated area. The designated area shall be clearly delineated;

7.40.4.2. The storage area shall not exceed twenty-five (25) percent of the buildable area of the site;

7.40.4.3. The storage area shall be entirely screened from view from adjacent residential areas and public roads by a building and/or solid fencing with landscaping on the outside of the fence;

7.40.4.4. Storage shall not occur within the area set aside for minimum building setbacks;

7.40.4.5. No dry stacking of boats shall be permitted on site; and

7.40.4.6. No vehicle maintenance, washing or repair shall be permitted.

Outdoor storage shall be screened from public right-of-way and adjacent property utilizing a durable six (6) feet high solid, decorative fence or masonry wall with a type C bufferyard or better in accordance with Section 10.14.

The height of merchandise, materials, and equipment stored shall not exceed the height of the screening fence or wall.

Outdoor storage areas shall be paved with gravel, bituminous, or concrete surfacing.

No customer or vehicular circulation may occur through the area used for outdoor storage.

Outdoor storage is prohibited within the Entry Corridor Overlay District.

Where a place of assembly is adjacent to a residential use screening must be provided along the boundary adjacent to any property used for residential purposes. Such screening shall be Type C in accordance with Section 10.14.

Assembly uses shall have two (2) or more driveways for emergency access.

Assembly uses shall not have direct access town streets that are primarily single family residential.

The building setbacks for a place of assembly adjacent to a residential zoning district shall be no less than fifty (50) feet.

Such facilities shall be screened from adjacent property and public rights-of-way with planting of shrubs and/or trees that will achieve a landscape screen that is a minimum six (6) feet high and provide sixty (60) percent opacity, except vehicular access areas are exempt from this requirement.

All such vehicles shall be on a paved surface of bituminous, concrete, or other approved comparable surface.

(Ord. No. ZA-23-10, pt. 1, 10-3-23)

Editor's note— Ord. No. ZA-23-10, pt. 1, adopted Oct. 3, 2023, repealed the former § 7.44.1 and enacted a new § 7.44.1 as set out herein. The former § 7.44.1 pertained to paved surface/storage.

All such vehicles shall be within a striped parking stall complying with Article 10, Part I, within a rectangular display area in accordance with Section 7.44.3 or stored within a paved storage yard screened from the public right-a-way by a durable opaque fence, opaque wall and a solid vegetative buffer with a minimum height of six (6) feet.

(Ord. No. ZA-23-10, pt. 1, 10-3-23)

7.44.3.1. Rectangular vehicle display areas shall be outlined on all sides by standard solid four (4) inch-wide solid white striping paint in accordance with MUTCD standards.

7.44.3.2. The number of vehicles allowed within a display area shall be limited to the number of standard nine (9) feet by eighteen (18) feet parking spaces that can fit within it and that number shall be painted within each rectangle.

7.44.3.3. Vehicles within a display area shall be parked uniformly, either angled or perpendicular to the adjacent access aisle.

7.44.3.4. Each rectangular vehicle display area shall be accessed through a driveway isle extending through the parking lot.

(Ord. No. ZA-23-10, pt. 1, 10-3-23)

No vehicle stored outside for display or sale shall be parked within a driveway, access aisle or landscaped area.

(Ord. No. ZA-23-10, pt. 1, 10-3-23)

Vehicle display areas shall be located in an approved parking lot as an alternative to standard nine (9) feet by eighteen (18) feet striping with aisles as required in Sections 10.2.4 and shall meet all other parking and landscaping requirements as applicable.

(Ord. No. ZA-23-10, pt. 1, 10-3-23)

Commercial kennel use shall be located in an enclosed soundproof building and shall be designed and operated so that it does not produce objectionable odors outside of its walls.

Private kennels shall be located at least fifty (50) feet from adjacent property lines.

Outdoor exercise and bathroom areas shall only be permitted according to the following conditions:

(a)

Such areas shall be used only between the hours of 7:00 a.m. and 10:00 p.m.

(b)

Such areas shall be buffered from adjacent residential properties by a distance of fifty (50) feet.

(c)

Such areas shall be enclosed by a fence at least six (6) feet in height.

(d)

Outdoor runs or pens shall be located on site and shall be screened from the view of all adjacent streets and properties by fencing or vegetation. No unreasonable noise or odor shall be detected off-premises.

Any church or place of worship may establish an indoor columbarium, and/or outdoor columbarium, and/or an urn plot as an accessory structure as an accessory to its permitted use provided the following are submitted to the Planning Department and approved:

7.46.1.1. A site plan of the proposed area approved by the Planning Department where the columbarium or urn plots are to be located showing the location of each niche or urn, the dimensions of the space, and a twenty-foot access area for maintenance that has relatively flat and firm topography such that maintenance equipment could access the burial area. The twenty-foot access area shall be adjacent to the columbarium or urn plot and shall be accessed from a public right-of-way, private drive, or parking lot. Vehicular access internal to the columbarium or urn plot is not allowed. Internal access shall be limited to handicapped pedestrian access only. In addition to the site plan, construction drawings prepared by a licensed architect, engineer, or landscape architect. Construction drawings shall show dimensions, materials, and details.

7.46.1.2. A special use permit is required for columbaria with greater than two hundred (200) niches.

7.46.1.3. A plan of perpetual care and maintenance trust fund is required for a columbarium or urn plot. Funding of the trust fund must occur as niches or urn plots are sold. The church or place of worship shall submit an annual report to the Town of Smithfield Planning Department showing sales, receipts, and expenditures. The reporting period is January 1st to December 31st. Annual reports are due on April 1st for columbaria or urn plots. Fifty (50) percent of the sales price of a niche or urn plot must be deposited in the trust fund for columbaria with two hundred (200) niches or urn plots or less. With a special use permit for columbaria with greater than two hundred (200) niches, the Town Council shall establish the percentage of the sales price to be retained. In no case shall the percentage be less than fifteen (15) percent of the sales price. The church or place of worship may spend up to three (3) percent of the trust fund for maintenance of the columbarium or urn plot on an annual basis.

All indoor columbaria within the building of a church or place of worship must comply with the following physical requirements:

7.46.2.1. Alternate Plan. The church or place of worship must present a plan with a dedicated outside area with clear title and able to comply with Section 7.35.1.1 for internment of the urns in the event the church or place of worship ceases to operate or manage the columbarium.

7.46.2.2. Shall meet the NC Building Code and be constructed of masonry, natural stone or concrete.

All outdoor columbaria must comply with the following physical requirements:

7.46.3.1. Location. A columbaria must be located outside a building on land owned and occupied by a church or place of worship as defined by the Unified Development Ordinance, Appendix A. Land shall have a clear title and meet the requirements of Section 7.35.1.1.

7.46.3.2. Height. Outdoor columbaria must be no higher than seven (7) feet as measured from the average grade elevation where a columbarium meets the grade. An outdoor columbarium that is not visible from off-property public is not subject to the seven (7) feet requirement and may be higher.

7.46.3.3. Setback. Columbarium structures shall meet the setback and yard requirements of the underlying zoning district.

7.46.3.4. Appearance. A columbarium shall be complementary to the primary structure and consistent of natural stone, concrete or masonry construction.

7.46.3.5. Signage. Signage shall be limited to inscriptions on the face of a columbarium niche and commemorative plaque on the columbarium structure. Commemorative plaques may be no larger than twelve (12) inches by twelve 912) inches.

7.46.3.6. Number. The columbaria must have spaces for no more than two hundred (200) urns, except when a greater number is approved by the Town Council with a special use permit.

All outdoor urn plots must comply with the following physical requirements:

7.46.4.1. Location. An outdoor urn plot must be located outside a building owned and occupied by a church or place of worship as defined by the Unified Development Ordinance, Appendix A. Land shall have a clear title and shall comply with Section 7.35.1.1.

7.46.4.2. Setback. Outdoor urn plot structures shall meet the setback and yard requirements of the underlying zoning district.

7.46.4.3. Appearance. Urn plot shall be complementary or consistent in design with the primary structure.

7.46.4.4. Number. The church or place of worship shall have no more than one hundred (100) urn plot spaces.

7.46.4.5. Signage. Signage shall be limited to one (1) inscribed stone per urn plot not exceeding two (2) square feet.