(a)

Within the various zoning districts, as established in section 42-35, and subject to the requirements of this chapter, no land, building, or structure shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any use other than the uses allowed by the various districts established herein. The use regulations for the various districts are intended to be permissive in nature. Some land uses may be allowed by issuance of a special use only upon findings that certain conditions exist or should be applied, and is requested and agreed to by the property owner. The establishment of these uses shall be allowed only after review through appropriate measures and approval of plans.

(b)

Permitted uses in the various districts are indicated in the appropriate column of the following matrix. Special uses, with board of aldermen approval are also indicated in the matrix. All proposed non-residential uses, including changes in an existing use, require site plan review and approval by the administrative officer and shall be in compliance with the standards of this ordinance and the town's subdivision regulations.

(Ord No. (2016)3, § 1, 5-23-2016; Ord. No. (2021)1, 6-28-2021)

All uses of property are allowed as a use by right except where this chapter specifies otherwise or where this chapter specifically prohibits the use. In the event, a use of property is proposed that is not addressed by the terms of this chapter, the minimum ordinance standards for the use addressed by this chapter that is most closely related to the land use impacts of the proposed use shall apply. In addition, the administrative officer may initiate a zoning text amendment addressing such proposed use, provided that the drafting and adoption of said amendment will not cause delay in the permitting of the proposed use.

(Ord No. (2016)3, § 1, 5-23-2016; Ord. No. (2021)1, 6-28-2021)

The matrix on the following pages indicates permitted and special uses.

¹ Special use permit required for mixed use building, see section 42-91(f), except for CB district — see Sec. 42-35.

² In conjunction with a restaurant or bar/nightclub only.

³ Only as incidental to an approved use in an approved industrial park.

⁴ Mixed use building only, see Sec. [number to be added at a later date]

⁵ See Section [to be inserted at a later date]

⁶ Per G.S. 160D-907, Family care homes must be permitted in all residential zoning districts, however, no family care home may be located within a one-half mile to another such defined and regulated family care home.

(Code 1978, § 12.88; Code 1995, § 156,035; Ord. of 1-10-1972; Ord. of 7-2-1973; Ord. of 9-26-1983; Ord. of 10-10-1994; Ord. of 9-11-1995; Ord. of 4-23-2001, § 156-035; Ord. of 3-13-2006, § 156.035; Ord. No. 2007-2, § 156.035, 11-26-2007; Ord. No. 2007-5, § 156.035, 11-26-2007; Ord. No. 2009-11, § 3, 5-26-2009; Ord. No. 2009-19, § 156.032, 12-14-2009; Ord. No. (2016)2, § 1, 2-22-2016; Ord. No. (2016)3, § 1, 5-23-2016; Ord. No. (2019)4, § 1, 4-22-2019; Ord. No. (2021)1, 6-28-2021)

(a)

The administrative officer in coordination with the building inspector may issue a temporary certificate of occupancy for the following uses in accordance with the provisions of this section. In cases where the desirability of permitting the use is questionable, the applicant may submit an administrative appeal to the board of adjustment.

(b)

Temporary events. The administrative officer may issue a temporary occupancy permit for bazaars, carnivals, religious revivals, sports events, circuses, festivals and similar uses for a fixed period of time not to exceed 30 days in any one calendar year, and subject to limitations as the administrative officer may impose to protect the character of the district affected.

(c)

Temporary construction offices. The zoning inspector may issue a temporary occupancy permit for construction offices in any district at any site where erection, addition, relocations and/or structural alterations are taking place, provided that such construction office shall be removed immediately upon completion of the project.

(d)

Temporary exhibition. The administrative officer may issue a temporary occupancy permit for mobile structures used solely for purposes of exhibition in any district for a fixed period of time not to exceed 30 days and only upon satisfactory evidence that the use of such mobile structure shall not violate any code or regulation or the intent of this chapter.

(Code 1978, § 12.89; Code 1995, § 156.036; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

Home occupations. A home occupation shall be permitted as an accessory use to any dwelling unit and may be conducted in the principal structure or an accessory structure on the same lot as the principal structure; provided that:

(1)

The principal person or persons providing the business or service resides in the dwelling on the premises;

(2)

The area used for the business or service does not exceed 25 percent of the combined floor area of the structures or 500 square feet, whichever is less;

(3)

All work associated with the home occupation is conducted inside the designated building(s);

(4)

One attached sign not more than two square feet in area is allowed;

(5)

The property contains no outdoor display or storage of goods or services associated with the home occupation;

(6)

The home occupation causes no change in the external appearance of the existing building and structures on the property;

(7)

One additional off-street parking space is allowed;

(8)

Wholesale sales of goods do not occur on the premises;

(9)

The home occupation employs no more than one person who does not reside on the premises;

(10)

The home occupation does not create any parking congestion, noise, vibration, odor, glare, fumes or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception;

(11)

One vehicle, no heavier than ¾ ton, used in connection with the home occupation is permitted and shall be located on the premises in such a manner so as not to disrupt the quiet nature and visual quality of the neighborhood;

(12)

A small home day care shall be permitted as accessory to any dwelling unit, provided that the following additional conditions are met, as well as the other conditions of this section:

a.

If an outdoor play area is provided, it must be located in the side and/or rear yard of the property, provided that the yard area is not adjacent to any street, and the outdoor play area is fenced with a solid (opaque) fence; and

b.

No more than eight children who are unrelated to the operator can be cared for during any 24-hour period.

(13)

All federal, state, and local regulations, including the county environmental health regulations are complied with in the conduct of the home occupation.

(b)

Outside storage and display. Outside storage of goods, equipment and material shall be prohibited in any PND, O & I, HS(P), C(P) or C-1 district. Outside display of merchandise which is normally required in conducting [a]commercial operation is permitted in any of the above-named districts except an O & I district.

(c)

Other incidental uses. Incidental accessory retail uses include apothecary shops incidental to a hospital or clinic, variety [stores], book[shops], cafeterias, soda bars, coffee and barber shops incidental to institutional or professional office buildings or manufacturing facilities. Incidental retail uses shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not the general retail public. Such retail use which is conducted wholly within the principal building without access thereto other than from within the building without exterior advertising display shall be permitted.

(d)

[Accessory structures.] Accessory structures shall not be rented or occupied for gain or inhabited by other than employees performing services on the premises of the owner, lessee, or tenant of the premises. No accessory building to be used for living quarters shall be constructed upon a lot until the construction of the principal building has commenced.

(Code 1978, § 12.90; Code 1995, § 156.037; Ord. of 1-10-1972; Ord. No. (2015)3, § 1, 2-23-2015)

(a)

Recreational vehicle park and/or campground.

(1)

Recreation vehicle parks/campgrounds shall be used only by travel trailers, pickup, coaches, motor homes, camping trailers, other vehicular accommodations and tents suitable for temporary habitation and used for travel, vacation and recreation purposes.

(2)

The area of the park/campground shall be at least three acres. Each recreation vehicle/camp site, excluding sites used solely for tents, shall be a minimum of 1,200 square feet in area with a maximum of 20 sites per acre. Each site shall contain a stabilized vehicular parking pad of packed gravel, paving or other suitable material.

(3)

All yard setback requirements shall be in accordance with the dimensional requirements of the zoning district in which the park or campground is located and no structure, recreational vehicle site or camping site shall be located within the required yard area.

(4)

Individual recreation vehicle spaces within a recreation vehicle park/campground shall not directly access a public road. Access to all recreation vehicle spaces and accessory structures within the park/campground shall be from internal streets with the entrance to the park directly accessing a public right-of-way. A driveway permit must be obtained from the North Carolina Department of Transportation for connection to the public street.

(5)

The recreation vehicle park/campground shall not allow for permanent occupancy on the same site by the same occupant for any continuous period of time exceeding 90 days.

(6)

Each park shall have at least one telephone available for public use. Management headquarters, manager's residence, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, stores and the uses and structures customarily incidental to operations of a recreation vehicle park/campground are permitted as accessory uses to the park, subject to the following restrictions:

a.

Such establishments (excluding recreational facilities) and the parking areas primarily related to their operations shall not occupy more than 10% of the gross area of the park/campground.

b.

The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street but shall be accessible only from an internal drive within the park/campground.

c.

Such structures containing toilets, bathhouses and other plumbing fixtures shall comply with the requirements of the North Carolina Building Code.

d.

Each park shall be limited to a maximum of one manager's/caretaker's residence.

(7)

Adequate off-street parking and maneuvering space shall be provided on site. No public street, sidewalk or right-of-way or any other private grounds not a part of the recreational vehicle parking area shall be used to park or maneuver vehicles.

(8)

Internal drives shall be constructed to a minimum of 18 feet in width if providing two way streets and 12 feet in width for one way streets and contain a minimum depth of six inches of stone gravel base with proper ditching, drainage, and seeding of slopes. Permanent dead-end streets shall have a cul-de-sac constructed 40 feet in diameter.

(9)

Recreational vehicle parks and campgrounds shall be enclosed by a fence, wall, landscaped screening, earthen mounds or by other measures from all contiguous residential areas in a manner that complements the landscape and assures compatibility with the adjacent environment, and complies with the buffering requirements for non-residential uses adjacent to residential districts.

(10)

In addition to the requirements required to be shown on the site plan as required by the Article IX, the site plan shall include the name and address of the applicant, the location and dimensions of each recreation vehicle/camping site, the location and use of all service and recreational facilities, all interior access ways, drives, and parking. All site plans subject to this section shall also require approval from the County Health Department.

(11)

When permitted, recreation vehicle parks/campgrounds within the CD Conservancy District shall be subject to the following requirements:

a.

No individual recreation vehicle/camping site shall have individual on-site septic systems.

b.

Each recreational vehicle must be equipped with a holding tank and each park/campground must have an approved dumping station or pump-out facilities on the premises.

(12)

All federal, state and other local regulations shall be complied with.

(b)

Smoke shops and tobacco stores.

(1)

Smoke shops and tobacco stores shall not be located within 1,000 feet of a parcel occupied by a public or private kindergarten, elementary, middle, junior high or high school; licensed child-care facility or preschool, youth centers, community centers, recreational facility, park, church or religious institution, medical facility or other similar uses where children regularly gather.

(2)

Smoke shops and tobacco stores shall not be located within a one-half mile radius of an approved or existing smoke shop and tobacco store.

(Ord. No. (2016)2, § 1, 2-22-2016; Case No. P19-36, 9-23-2019)