(A)   The development and execution of this chapter is based upon the division of the town's jurisdiction, including the extra-territorial jurisdiction (ETJ), into districts where the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for that use in that particular location. In these cases, a special use permit must be obtained. Special use permits may be granted by the Stoneville Board of Adjustment as permitted by G.S. § 160D-705. The Board shall follow quasi-judicial procedures pursuant to G.S. § 160D-406.

         (a)   The Zoning Administrator shall set and post a date and time for a public hearing before the Board of Adjustment to gather competent, material, and substantial evidence to establish the facts of the case. The notice of such hearing shall be posted in the Town Hall, at least ten days before the date set for the evidentiary hearing, but not more than 25 days before the evidentiary hearing. The Zoning Administrator shall also cause to be mailed, at least ten days before the hearing, a first-class letter to all abutting property owners, the names of whom he has made a good faith effort to obtain, notifying them of the special use permit request. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. The person mailing such notice shall certify that such notices have been mailed.

         (b)   In addition, the property for which the special use is proposed shall be posted not more than 25 and not less than ten days before the evidentiary hearing. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.

         (a)   The Board of Adjustment shall consider the application and competent, material, and substantial evidence presented at the evidentiary hearing and may grant or deny the special use permit requested. No vote greater than a majority vote shall be required for the Board of Adjustment to issue such permits. For the purpose of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority. When deciding special use permits, the Board of Adjustment shall follow quasi-judicial procedures. The Mayor, Zoning Administrator or Clerk to the Board shall be authorized to administer the required oath prior to receiving testimony.

         (b)   The special use permit, if granted, shall include approval of plans as may be required. In granting the permit, the Board of Adjustment shall find:

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

            2.   That the use meets all required conditions and specifications;

            3.   That the use will not substantially injure the value of abutting property, or that the use is a public necessity; and

            4.   That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with Stoneville Comprehensive Development Plan.

         (c)   The Board of Adjustment may issue special use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits with the landowner's written consent to the conditions. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit itself and shall be binding on the original applicants for the special use permit, their heirs, successors, and assigns.

If the Board denies the special use permit, it shall enter the reason for its action in the minutes of the meeting at which the action is taken.

         (d)   In addition to the conditions specifically imposed in this section, and such further conditions as the Board of Adjustment may deem reasonable and appropriate, special uses shall comply with Article V, Design Regulations, for the zoning district in which they are located unless provisions for the special use provide to the contrary.

(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)

    The following section contains guidelines for some of the more common special uses which may be encountered in the town. They are not intended, however, to limit the authority of the Board of Adjustment in any way.

      (1)   Unified business developments, consisting of one or more principal structures or buildings and accessory structures or buildings to be constructed on a lot or plot not subdivided into the customary streets and lots and which will not be so subdivided, may be permitted subject to the following regulations:

         (a)   No unified business development shall contain less than three acres and there shall be a minimum lot width of 250 feet;

         (b)   Such developments shall abut a major highway or a collector street and shall have direct access thereto;

         (c)   Such developments shall have a minimum front yard of 50 feet, which shall be used only for driveways, landscaping, and screening;

         (d)   Points of ingress and egress shall consist of a driveway or roadway at least 20 feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion;

         (e)   The number, width and location of curb cuts shall be such as to minimize traffic hazards, inconvenience, and congestion;

         (f)   Parking areas shall have a paved surface and all parking areas and traffic lanes shall be clearly marked;

         (g)   Storm and sanitary sewerage shall be provided as approved by the Board and the County Health Department; and

         (h)   If the property adjoins a residential district, the following requirements shall be met:

            1.   A greenbelt planting strip, not less than 15 feet in width shall be planted, prior to opening of the business, along the street side of the property. Such a greenbelt shall be planted at random with evergreens and other trees which eventually will grow to a height not less than 12 feet and which will include a minimum of 11 plants per 100 linear feet of greenbelt. Topographic or other natural features offering screening shall be acceptable in lieu of foliage. The greenbelt, at the front of the property, shall be located so as to provide reasonable continuity in alignment with greenbelts of adjacent property; and

            2.   A durable wall, fence or hedge or other natural planting of comparable capacity shall be provided along the side or rear lines where the property adjoins a lot in a residential district. Such fence, wall or hedge shall be at least five feet in height, but not greater than seven feet in height, measured from the ground along the common lot line of the abutting lot in the residential district. Hedges or comparable natural plantings shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet could be expected by normal growth within no later than two years from the time of planting.

      (2)   Plans shall be submitted, showing:

         (a)   Topography of the site, at contour intervals no greater than five feet;

         (b)   Location and approximate size of all existing and proposed buildings and structures within the site and existing buildings and structures within 500 feet adjacent thereto;

         (c)   Proposed points of ingress and egress together with the proposed pattern of internal circulation;

         (d)   Proposed parking areas; and

         (e)   Proposed provision for storm and sanitary sewerage, including both natural and human-made features, and the proposed treatment of ground cover, slopes, banks and ditches.

      (3)   Uses shall be limited to those permitted by right in the district in which the development will be located.

      (4)   Off-street parking and loading shall be provided in accordance with §§ 151.105 and 151.106.

      (5)   Signs on premises shall be regulated as follows:

         (a)   Type of sign permitted: identification;

         (b)   Permitted number of signs: one ground sign per entrance. No regulation of signs attached to and flat against the principal building or structure;

         (c)   Maximum area of ground sign: 25 square feet;

         (d)   Permitted illumination: motionless indirect or non-flashing illumination; and

         (e)   Permitted location: within the bounds of the property.

      (1)   Suitable landscaping, screening, and fencing shall be required for the protection of neighboring properties, and view from the public right-of-way; and

      (2)   If the property adjoins a residential district, the following requirements shall be met. A durable wall, fence or hedge or other natural planting of comparable capacity shall be provided along the side or rear lines where the property adjoins a lot in a residential district. Such fence, wall or hedge shall be at least five feet in height measured from the ground along the common lot line of the abutting lot in the residential district. Hedges or comparable natural plantings shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet could be expected by normal growth within no later than two years from the time of planting.

         (a)   A record owner of a tract or lot of real property within the town who proposes to establish and construct a mobile home park shall submit a preliminary plat on a scale of not less than 200 feet to an inch to the Board of Adjustment of the town. The preliminary plat shall show the location of drives and walks, mobile home plots, the location and size of service buildings and areas, location and size of recreation areas, screening landscaping plans, sanitary sewage collection lines and street lighting and facility lighting.

         (b)   No improvements can be undertaken on the mobile home park site until a final plat is submitted to and approved by the Board of Adjustment of the town.

         (a)   Applications to the Board of Adjustment for a permit to construct, alter or enlarge a mobile home court shall be accompanied by the following documents:

            1.   A plat for the mobile home court, prepared by a registered engineer or registered surveyor, drawn to a scale of not less than 200 feet to the inch for more than 50 feet to the inch; and

            2.   Two copies of this plan indicating the applicant's proposals for general layout of the mobile home court and his or her proposals for water and sewage facilities, bearing a notation of approval by the County Board of Health with the date of such approval and the signature of an authorized representative of the Board of Health.

         (b)   If a mobile home court is to be developed in sections, the plans submitted to the Board of Adjustment shall clearly include the area planned for ultimate development and the extent of the area to which the immediate application for a permit applies. No permit shall be issued for the initial establishment of any section of a mobile home court to occupy an area of less than two acres and ten mobile home spaces. The construction permit shall show clearly that portion of the mobile home court to which the permits apply.

         (a)   The Board of Adjustment shall not issue a construction permit for any mobile home court which fails to comply with all of the foregoing and following regulations, or for which the required County Board of Health operating permit has not been issued or has been revoked or suspended.

         (b)   Any mobile home, service building or recreation area placed in any mobile homes district shall be placed in accordance with the approved development plan.

         (a)   The continued violation, after five days' notice, of the rules governing mobile home parks and the rules therein regulating operating requirements shall be cause to revoke any occupancy permit previously issued. Revocation of an occupancy permit shall be by action of the Building Inspector of the town. Before any revocation of an occupancy permit, the Building Inspector of the town shall afford the alleged violators notice of hearing and an opportunity to be heard. After a decision concerning revocation of an occupancy permit has been made by the Building Inspector of the town, written notice shall be given to the alleged violators of the decision and the grounds thereof.

         (b)   Within ten days, the alleged violators may give written appeal of the revocation of the occupancy permit to the Board of Adjustment of the town. The Board of Adjustment of the town shall render its decision within 30 additional days from receipt of the written appeal and shall either sustain the revocation or shall reinstate the permit. After the revocation becomes final, mobile homeowners with mobile homes situated in the mobile home park subject to the revocation shall be given 30 days' notice in order to remove their mobile homes from the mobile home park.

         (a)   Mobile homes;

         (b)   Mobile home service buildings and area providing laundry, sanitation and managerial facilities;

         (c)   Recreation buildings and areas serving only the mobile homes district in which they are located; and

         (d)   Customary accessory buildings and facilities.

         (a)   Minimum area required for a mobile home court: two acres, no court shall contain fewer than ten mobile homes spaces; and

         (b)   Each mobile home shall be on a plot at least 5,000 square feet in area, have an average width of at least 50 feet, and an average length of at least 100 feet.

         (a)   Each mobile home within the confines of a mobile home park shall be firmly anchored to the ground and shall also be completely skirted or equipped with a continuous closed foundation.

         (b)   Each mobile home park shall operate in accordance with the rules and regulations governing the sanitation and operation of mobile homes in the county.

         (c)   All sanitary sewerage collections lines of mobile home parks shall be connected to the municipal or private sewage disposal system.

         (d)   All mobile homes within the confines of a mobile home park shall be connected to water service from the municipal water system.

         (e)   All interior drives and walkways and service and utility structures shall be lighted for night vision.

         (f)   Service and utility structures and recreation areas shall be maintained in a clean and orderly fashion.

         (g)   The collection of trash and garbage shall be provided for so as to maintain a clean and orderly appearance at all times.

         (a)   Every mobile home space shall abut a driveway within the mobile home court. Driveways shall be graded to a width of at least 20 feet, shall have an all-weather surface free from mud or dust, and shall be maintained in good condition. All driveways which are a dead-end shall be provided with a turn-around having a minimum radius of 40 feet.

         (b)   Walkways shall be provided to connect each mobile home space with any utility room or other common facilities serving the mobile homes. Such walkways shall be not less than three feet in width and shall be graded and finished with an all-weather surface free from mud or dust.

 

 

(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)