This article recognizes that through ingenuity, imagination, and quality design, community development can be improved. The careful review of site plans as part of the Conditional District rezoning process by the board of aldermen is a process which will:

(1)

Permit creative approaches to the development of land reflecting changes in the technology of land development;

(2)

Provide for an efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs;

(3)

Provide and ensure an environment of stable character compatible with surrounding land uses;

(4)

Accomplish a more desirable environment that would otherwise be possible; and

(5)

Enhance the appearance of the community.

(Code 1978, § 12.96; Code 1995, § 156.070; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

Site plans for planned districts shall be submitted as part of the Conditional District rezoning request. Site planning in the proposed development shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences within the development. The development plan shall show and a careful review shall be given to the following information:

(1)

Proposed land uses, the location of various land uses, their types, and densities;

(2)

Proposed circulation pattern for vehicles and pedestrians;

(3)

Proposed parks, and other common open space areas, proposed means of dedication of any common open space areas, and organization arrangements for the ownership, maintenance and preservation of common open space;

(4)

Delineation of the units or phases to be constructed in progression;

(5)

Relation to the land uses in surrounding areas and to the general development plan;

(6)

The layout of car parking and loading areas, service areas, entrances, exits, yards, courts, and landscaping, control of signs, lighting, noise or other potentially adverse influences as to protect the residential character within and/or adjacent to the planned development; and

(7)

The setbacks' size and screening of various land uses.

(b)

In any planned district no zoning permit or certificate of occupancy shall be issued by the administrative officer or building inspector except in conformance with a plan approved by the board of aldermen.

(Code 1978, § 12.97; Code 1995, § 156.071; Ord. of 1-10-1972; Ord. of 11-25-1991; Ord. No. (2021)1, 6-28-2021)

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-168, which pertained to specifications for certain planned districts and derived from Code 1978, § 12.99; Code 1995, § 156.073; Ord. of 1-10-1972; Ord. No. (2014)17, 9-22-2014.

Plans for the CB Central Business District must comply with the below provisions along with other general provisions contained within this chapter. Incorporated by reference herein, the provisions of the Façade Improvement Guide For: The Town of Spring Lake, North Carolina (undated), hereinafter "façade guide," shall be the prevailing standard for all development, change-in-use and redevelopment within this district.

(1)

Uses allowed. Only those uses specifically allowed within the CB central business district as specified in article III shall be considered for development regardless whether new development, change-in-use or redevelopment, except that alcohol sales shall only be allowed as open beverages served in a restaurant or bar/nightclub.

(2)

Development standards. The provisions below shall apply to all new construction; renovation and/or remodeling of the exterior areas of any structure or property shall comply with the below provisions to the extent practicable:

a.

Lot dimensions and setbacks.

1.

The minimum lot area shall be 10,000 square feet for any new divisions of property, except where specifically approved otherwise through a Conditional District rezoning by the board of aldermen and when the application can show that the intent of the district regulations can be met.

2.

Front and corner side setbacks shall be as required by this ordinance, specific allowances shall be given to ensure consistency with the setbacks of the adjacent and nearby buildings, and provided that the improvements and amenities required by the following sub-sections are provided.

[Note: Provisions exist in the ordinance for allowing the same or average setback of nonresidential buildings within the same block in addition to the standard dimensional provisions.]

3.

When not connected to an adjacent structure, side yard setbacks shall provide for adequate site distance for vehicular traffic entering and exiting the subject and adjacent properties when a drive or side street is present or a minimum of 20 feet.

4.

Where adjacent to a service alley or another nonresidential zoning district, the rear yard shall be a minimum of three feet, and when adjacent to residential zoning, the rear yard shall be a minimum of 20 feet.

b.

Structural dimension and site layout specifications.

1.

It is imperative that the developer and/or their design professional consult the façade guide and implement the provisions of said document into their proposed plans. The staff review of any development under the provisions of this section shall ensure that the purpose and intent of the guide are met or will be met upon construction prior to presentation of the proposed plans to the administrative officer.

2.

The maximum building height shall be 36 feet or a maximum of two stories, whichever is less; except where otherwise specifically approved by the board of aldermen through a Conditional District rezoning when it has been determined that a proposed building higher than two stories would not pose an obstruction to air traffic.

3.

Developers of properties located on corner lots at all street intersections shall locate motor vehicle oriented uses or facilities, including but not limited to gas pumps, drive-throughs, pick-up windows, or other accessory uses intended for access while inside a vehicle to the side not facing the street or rear of the principal building. In no instance shall a motor vehicle oriented feature or accessory use be located between a principal building and the street it fronts.

c.

Pedestrian pathways/sidewalks and amenities.

1.

All pedestrian pathways shall be established in order to connect internal and external development and all proposed pathways shall be included on the site plan. Types of sidewalks may include: public, private with public access easement, or private (internal pathways from parking to building entrances or building to building).

2.

Sidewalks shall be constructed in compliance with Americans with Disabilities Act (ADA) provisions. Adjacent to the sidewalk opposite from the curbside, a minimum six-foot grass, tree and landscaping area shall be provided where on-street parking is not provided; and with the number and types of trees and landscaping meeting or exceeding the standards of this ordinance. A storefront and clear walkway area shall be constructed along the entire building front. This storefront/walkway area shall be designed in such manner that it affords safe pedestrian passage, can accommodate amenities such as benches, potted flowers or plants and may be partially covered by awnings or porticos.

3.

Pedestrian walkways should be delineated from any off-street parking area by separate paved routes using a variation in paved texture and/or color, and protected from adjacent vehicle circulation areas.

4.

Where sidewalk construction is not feasible due to a change-in-use or redevelopment, the developer shall pay a fee in lieu of sidewalk construction in an amount consistent with the actual cost of installing the sidewalk. The monies generated from this section shall be used by the town for sidewalk construction and/or maintenance of sidewalks within the central business district CB.

[Note: Must first be coordinated with town finance before submitting for approval.]

d.

Landscaping.

1.

Flowering street trees shall be provided in an amount equivalent to at least one tree for every 20 feet of road frontage and shall be located within the amenity area required in subsection 3(b) above, including along any side street. In the event a nonflowering tree is proposed to be planted that would be conducive to the proposed development, an administrative modification from the administrative officer for the alternative tree specimens is mandatory. All street trees shall be a minimum of two-inch caliper at time of planting. Additional plantings in pots or boxes are strongly encouraged.

2.

Developments within this district shall be exempt from the street tree requirements of article IX of this chapter subject to subsection (a) above; however, for the yard space and off-street parking areas landscaping shall be required the same as required by article IX for any proposed development.

e.

Parking and driveways.

1.

Off-street parking shall be provided as required by article X to the rear or side of the principal structure being served. Furthermore, the developer is encouraged to align off-street parking spaces in a manner consistent with adjacent developed nonresidential properties and engage in shared parking or using remote parking as allowed by article X. Where on-street parking is provided immediately adjacent to the property to be developed, such parking immediately adjacent and in front of the lot where the proposed/existing structure is located may be counted toward the calculation of the minimum number of required off-street parking.

2.

Off-street parking areas shall be separated from buildings and public sidewalks with decorative amenities, landscaping or grassed open areas or other appropriate means to afford pedestrian safety.

3.

For corner lots along Main Street, driveway/service access shall be restricted to the side street.

f.

Interconnectivity.

1.

Pedestrian or motor vehicle connections shall be required for new construction and where appropriate for any redevelopment of properties within the district.

2.

Rear alleys for service, utilities and employee access are strongly encouraged and will be mandatory when a proposed development is adjacent to a developed property having an existing alley.

g.

Signage. All signs within the central business district CB shall comply with the dimensional provisions as regulated in section 42-293(2)c. In addition, signage shall contain no more information than to identify the business to which it serves with no other commercial message and shall be constructed of materials consistent with and complementing the principal structure and other signs in the immediate area as specified in the aforementioned façade guide.

h.

Lighting. All pedestrian areas, including off-street parking areas are to be lighted with shielded, controlled lighting, and shall complement the proposed development in color and style while being consistent with existing lighting of adjacent or nearby developed nonresidential properties. The provisions of section 1102.M shall apply in this district as well as the recommendations of the façade guide.

i.

Open space/public space. Where possible, property owners are encouraged to preserve and provide open space areas, and have the areas delineated on the site plan. If preserved open space or developed public spaces are offered to and accepted by the town, the property owner will receive a density bonus for the equivalent land area outside the main street overlay district. The density bonus shall be calculated at the R10 density rate.

j.

Conflict with other ordinance or regulatory provisions. Wherever there is conflict or inconsistency between the Main Street overlay district provisions and other regulations with any local, state or federal law, the most restrictive standard shall apply. When the provisions of this district conflict with other provisions of this chapter, the overlay district provisions shall prevail.

(Ord. No. (2014)17, 9-22-2014; Ord. No. (2021)1, 6-28-2021)