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Swansboro City Zoning Code

SPECIAL USES

§ 152.210 PROCEDURE FOR SPECIAL USE PERMITS.

   (A)    permits may be issued by the , after approval by the , for the uses as designated in the table of regulations for . Applications shall include all of the requirements pertaining to it as specified in this section. A hearing shall be held, and all interested shall be permitted to offer relevant comments. The Town shall consider the application and may approve or deny the requested .
   (B)   In granting a permit, the shall give due regard to the nature and state of all adjacent structures and uses, and the districts within which the proposed use is to be located, and shall make written findings of fact concerning the existence or absence of the following criteria:
      (1)   The is allowed pursuant to § 152.210 and meets all the required conditions and specifications, including without limitation, those set out in § 152.211.
      (2)   The will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.
      (3)   The will not substantially injure the value of adjoining or abutting property. OR the is a public necessity.
      (4)   The location and character of the , if developed according to the plan as submitted and approved, will be in harmony with the area in which it is located. The shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address impacts of the project as required by G.S. §160A-382(b).
      (5)   Upon the issuance of any , the shall consider whether it is necessary or appropriate to affix conditions thereto for the purposes of protecting neighboring properties and/or the public interest assuring that the use is harmonious with the area, and ensuring that the use is consistent with the spirit of the ordinance, and shall affix to such permit such reasonable and appropriate conditions as it finds are necessary for any of those purposes. If any conditions affixed to any or any part thereof is held invalid by any competent authority, then said permit shall be void.
   (C)   Orders of . Upon its that all of the criteria set out in this section are met, the shall enter a written order with findings of fact and conclusions of law, and shall issue the permit as requested or with such conditions as it finds necessary and appropriate pursuant to this section.
   (D)   Upon its that one or more of the criteria set out in this section are not met, the shall issue its written order with findings of fact and conclusions of law and shall deny the requested permit.
   (E)   Any permit approved or approved with conditions shall be recorded in the office of the Register of Deeds of Onslow County, North Carolina.
   (F)   All such additional conditions shall be entered in the minutes of the meeting at which the is granted and also on the permit approval, and on the approved plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicant for the , the heirs, successors, and assigns. In order to ensure that such conditions and requirements for each permit will be fulfilled, the petitioner for the may be required to enter into a contract with the Town of Swansboro providing for the installation of the physical required as a basis for the issuance of the . Performance of said contract shall be secured by cash or surety bond which will cover the total estimated cost of the as determined by the Town of Swansboro; provided, however, that said bond may be waived by the Town within its discretion.
   (G)   In addition to the conditions specifically imposed by the Town , shall comply with the height, area, and parking regulations of the zone in which they are located (no from requirements within zoning ordinance are allowed).
   (H)   In the event of failure to comply with the plans approved by the or with any other conditions imposed upon the , the permit shall thereupon immediately become void and of no effect. No permits for further construction nor a certificate of compliance under this shall be issued, and the use of all completed structures shall immediately cease and such completed structures not thereafter be used for any purpose other than a as permitted by the zone in which the property is located.
   (I)   Minor modifications to s that do not involve a change in the uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification or revocation of a shall follow the same process for the original approval by the Town .
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. passed 6-16-200; Am. Ord. 2010-O20, Am. Ord. passed 7-20-2010; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)

§ 152.211 SPECIFIC CRITERIA FOR CERTAIN SPECIAL USES.

   Detailed regulations for certain are set forth in this section.
   (A)   Use - in the front yard or on a double lot. 
      (1)   Minor special use districts: RA, R6, R6SF, R8SF, R10SF, R15SF, R20SF, R40SF, PUD,MHP, MHS, MHS-15SF, MHS-O.
      (2)   Minimum : based on zoning classification standards.
      (3)   Topography: topography of the site at contour intervals not greater than two feet.
      (4)   Structures: location and approximate size of all existing and proposed and structures within the site and on the adjacent thereto.
      (5)   Circulation: proposed points of access and egress and pattern of internal circulation.
      (6)   Other details:
         (a)   All , shall be placed a minimum of 20 feet from the edge of the road .
         (b)   All , shall be screened from view by a minimum four-foot opaque with the finished side facing the and a landscape screen on the side of the . The screening shall be a type A as required by § 152.528(E)(1) and Table 152.528-1.
   (B)   Use - , outdoor.
      (1)    district: B1 and B2.
      (2)   Minimum : a minimum of five acres.
      (3)   Buffering: as specified in §§ 152.525 through 152.544 of this chapter, buffering shall be required by the .
      (4)   Plans are required and must show:
         (a)   Topography: topography of the site at contour intervals not greater than two feet.
         (b)   Structures: location and approximate size of all existing and proposed structures within the site and of all within 1,000 feet adjacent thereto.
         (c)   Circulation: proposed points of access and egress and pattern of internal circulation.
         (d)   Other details:
            1.   Parking standards will be established by the town.
            2.   Proposed provision for storm drainage (including retention pond facilities, when applicable) approved by the Swansboro Building Inspector; sanitary sewage approved by the Swansboro Building Inspector or County Health Department, whichever is applicable.
            3.   Size and proposed location of any signs.
            4.   Proposed solid waste facilities.
            5.   Proposed water system and firefighting facilities such as hydrants or sprinkler connections.
            6.   Types of surfacing for drives, sidewalks, malls, and the like.
            7.   The location and height of all , walls, and hedges shall be shown.
            8.   Other standards for the specific outdoor will be established in the process.
   (C)   Use - , multi- and .
      (1)    district: R6, PUD, O/I, B1, B2, and B3.
   (D)   Use - .
      (1)    district: R6, PUD, B1, B2, and B3.
   (E)   Use - kennels, breeding/boarding (not related to veterinarian’s office).
      (1)   Outdoor facilities.
         (a)   Minor district: RA.
         (b)   Minimum : minimum of one acre.
         (c)    : A of 50 feet shall be maintained on the front, sides and rear of the property.
         (d)   Screening and fencing: a screen of dense plant material at least five feet in height at the time of planting or a solid or wall shall be installed.
         (e)   Plans are required and must show:
            1.   Structures: location of and sign, and size of the sign.
            2.   Circulation: proposed points of access and egress and pattern of internal circulation.
            3.   Parking: layout of parking spaces.
            4.   Lighting: lighting plan, inclusive of wattage and illumination.
            5.   Hours of operation: days and times.
            6.   Number of employees: total number of employees
            7.   Waste management: method of waste disposal to be used.
      (2)   Indoor facilities.
         (a)   Minor district: RA.
         (b)   Plans are required and must show:
            1.   Structures: location of and sign, and size of the sign.
            2.    : the area in which animals are to be kept must be 20 feet from the side property lines.
            3.   Circulation: proposed points of access and egress and pattern of internal circulation.
            4.   Parking: layout of parking spaces.
            5.   Lighting: lighting plan, inclusive of wattage and illumination.
            6.   Hours of operation: days and times.
            7.   Number of employees: total number of employees.
            8.   Waste management: method of waste disposal to be used.
         (c)   Other requirements: it is mandatory that all activities related to indoor facilities be confined within a .
   (F)   Use - livestock, sales and auction.
      (1)   Minor district: RA.
      (2)   Minimum acreage: 20 acres.
      (3)   Plans are required and must show:
         (a)   Topography: topography of the site at contour intervals not greater than two feet.
         (b)   : location and approximate size of all existing and proposed and structures within the site and on the adjacent thereto.
         (c)   Circulation: proposed points of access and egress and pattern of internal circulation.
         (d)   Lighting: proposed lighting location and design.
         (e)   Buffering: shall be required as specified in §§ 152.525 through 152.544.
         (f)   Parking and loading: layout of parking spaces and type of proposed surfacing.
         (g)   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the .
      (4)   Other requirements:
         (a)   Public sanitation measures.
         (b)   Odor control measures.
         (c)   Health department approval.
   (G)   Use - . Refer to the Table of Permitted and Signs in § 152.277.
      (1)    district: B1 and MI.
      (2)   Requirements:
         (a)   No part of a sign shall extend beyond the plane of the property line upon which the sign is located or into any .
         (b)   Display area shall not exceed six square feet.
         (c)   Mobile sign height measured vertically from ground level to top of sign including trailer or towable device to which sign is attached shall not exceed five feet.
         (d)   Combination of allowed tenant signage square footage shall not be exceeded.
         (e)   Signs shall be displayed only during times when the business being advertised is open for business.
         (f)   The application for approval of a shall include:
            1.   Sign location;
            2.   Sign size;
            3.   Sign illumination;
            4.   Diagram of the sign;
            5.   Proposed method of anchoring/securing.
   (H)   Use - .
      (1)    district: PUD.
      (2)   Requirements: refer to §§ 152.245 through 152.253 for criteria.
   (I)   Use - .
      (1)   Minor district: RA.
      (2)   Requirements:
         (a)   Parking: shall conform to §§ 152.290 through 152.296, Off- Parking and Loading Requirements.
         (b)   Lighting: lighting shall be such that it is not directed onto any adjacent residential .
         (c)   All , structures, tanks, and pits shall be at least 100 feet from all exterior property lines. A natural at least 50 feet in width shall separate all such uses from all exterior property lines. A non-climbable , at least six feet in height, shall completely enclose such uses.
         (d)   Plans are required and must show:
            1.   Topography: topography of the site at contour intervals not greater than two feet.
            2.   : location and approximate size of all existing and proposed and structures within the site and on the adjacent thereto.
            3.   Circulation: proposed points of access and egress and pattern of internal circulation.
            4.   Lighting: proposed lighting location and design.
            5.   Buffering: shall be required as specified in §§ 152.525 through 152.544.
            6.   Parking and loading: layout of parking spaces and type of proposed surfacing.
            7.   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the .
   (J)   Use - . Refer to the Table of Permitted and Signs in § 152.277.
      (1)    districts: B1, MI, and CON.
      (2)   Plans are required and must show:
         (a)   Size: must not exceed 32 square feet of viewable area.
         (b)   Lighting: proposed lighting location, design, and hours of operation.
         (c)   Design: design including diagram of sign, sign size, sign location, drawing of display area, and method of anchoring or attachment to /roof.
   (K)   Use - , public/commercial.
      (1)   Minor districts: RA, R6, R10SF, R15SF, R20SF, R40SF, PUD, MHP, G/E, B1, and B2.
      (2)   Requirements:
         (a)   Parking: Shall conform to §§ 152.290 through 152.296, Off- Parking and Loading Requirements.
         (b)   Lighting: lighting shall be such that it is not directed onto any adjacent residential .
         (c)   All and must be a minimum of 50 feet from all exterior property lines.
         (d)   Plans are required and must show:
            1.   Topography: topography of the site at contour intervals not greater than two feet.
            2.   : location and approximate size of all existing and proposed and structures within the site and on the adjacent thereto.
            3.   Circulation: proposed points of access and egress and pattern of internal circulation.
            4.   Lighting: proposed lighting location and design.
            5.   Buffering: shall be required as specified in §§ 152.525 through 152.544.
            6.   Parking and loading: layout of parking spaces and type of proposed surfacing.
            7.   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the .
   (L)   Use - wireless telecommunication facilities.
      (1)    district: RA.
      (2)   Requirements:
         (a)   The facility must be setback from adjacent property lines and any residential dwelling(s) at least a distance equal to the as certified by a structural engineer. Accessory structures shall be setback at least 50 feet from any property line. These measurements shall be taken from the base of the tower or the foundation of the structure, as applicable.
         (b)   Access roads must be improved and meet the applicable standards of the Fire Code for emergency access. Access to any gated or locked enclosures must be provided to the Fire Chief.
         (c)   Lighting on the facility must meet the minimum standards of the Federal Aviation Administration (FAA). Lighting shall be muffled so that no audible sound can be heard beyond the distance of the required setback. Other lighting on the property, including lighting on or on the surrounding enclosure, should be shielded so as not to trespass onto adjacent properties. The application must contain certification that the lighting on site has been designed to meet these requirements.
         (d)   Communication equipment or shall meet the emission output levels as specified by applicable federal standard or by the American National Standard Institute (ANSI). The application must contain a certification that these requirements have been met.
         (e)   A Type C buffer yard per § 152.528 shall be installed around any perimeter enclosure.
         (f)   If a proposed facility is to be constructed within five miles or less from the perimeter boundary of a military base, or within any mapped flight path overlay, the town shall provide written notice of the proposal by certified mail, return receipt requested, to the commander of the military base not less than ten days nor more than 25 days before the date fixed for the public hearing on the application.
         (g)   Applications must include the required materials per Appendix IV.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2009-O6, passed 4-21-2009; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. passed 7-26-2016; Am. Ord. passed 11-22-2016; Am. Ord. passed 2-28-2017; Am. Ord. passed 4-25-2017; Am. Ord. 2020-O6, passed 8-10-2020; Am. Ord. 2021-O3, passed 5-24-2021; Am. Ord. 2023-O6, passed 5-22-23)

§ 152.212 USE STANDARDS.

   (A)   Use - , indoor. Permitted as a use standard in B1 and B2.
      (1)   Requirement:
         (a)   Minimum lot area: based on zoning classification lot standards.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the .
         (b)   Topography: on , a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   List of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (B)   Use - assisted living residence. Permitted as a use standard in RA, PUD, O/I, Bl and B2.
      (1)   Requirement:
         (a)   Minimum lot area: minimum lot area of district in which located plus 1,000 square feet for each person to be accommodated.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   Security/management plan
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152,525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (C)   Use - bar, nightclub or tavern. Permitted as a use standard in B1,B3 and B2HDO. Plans are required and must show:
      (1)   The size and location of all outdoor areas used for the principal use.
      (2)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
      (3)   Structures: location of signs, entrance, and buildings must be shown on the plan.
      (4)   Circulation: proposed points for access and egress and a parking layout.
      (5)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
      (6)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
      (7)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
      (8)   A list of all services to be provided.
      (9)   A security/management plan.
      (10)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
      (11)   Landscaping requirements, §§ 152.525 through 152.544,
      (12)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (D)   Use - bed and breakfast accommodations, and inns. Permitted as a use standard in R6 and R8SF.
      (1)   Include only legitimate lodging businesses available for public reservation and use, although there may be an owner or manager room or living quarters on the premises. Such businesses must:
         (a)   Possess a current town-approved business packet for a bed and breakfast accommodation or inn;
         (b)   Possess any Health Department licenses or permits that may be applicable;
         (c)   Provide, if requested by the town, evidence that lodging is being offered and advertised for public use and is available for same;
         (d)   Provide evidence, if requested by the town and subject to an audit of documents, that the premises are in actual use for paid, short-term lodging of guests.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   Landscaping requirements, §§ 152.525 through 152.544
         (i)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
         (j)   A list of all services to be provided.
         (k)   A security/management plan.
         (l)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92,06).
   (E)   Use - bulk mail and packaging. Permitted as a use standard in B1, B2 and B3.
      (1)   Requirements:
         (a)   Buildings, storage, and maintenance areas shall be screened from adjacent residential land and public rights-of-way.
         (b)   The facility is constructed, designed, and located on the site to minimize noise, odor, and other impacts on neighboring properties
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92,01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (F)   Use - churches and related uses. Permitted as a use standard in RA, R6, R6SF, R8SF, R10SF, R15SF, R20SF, R40SF, PUD, MHS, MHS-15SF, MHS-O, O/I, G/E, B1 and B2. Plans are required and must show:
      (1)   Minimum setbacks: the structure (if new) shall have minimum side and rear yards of not less than 30 feet; and a front yard at least 15 feet greater than that required for other principal structures within the district.
      (2)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, if applicable).
      (3)   Structures: location of signs, entrance, and buildings must be shown on the plan.
      (4)   Circulation: proposed points for access and egress and a parking layout.
      (5)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
      (6)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
      (7)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
      (8)   A list of all services to be provided.
      (9)   A security/management plan.
      (10)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
      (11)   Landscaping requirements, §§ 152.525 through 152.544.
      (12)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (G)   Use - club or lodge, public or private. Permitted as a use standard in RA, R10SF, R15SF, R40SF, O/I, B1, B2, B3 and B2HDO.
      (1)   Requirements:
         (a)   Clubs or lodges shall have direct access to a federal or state highway.
         (b)   Minimum lot area: minimum lot area shall be the same as required for nonresidential uses in the RA district.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152,277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152,296, Off-Street Parking and Loading Requirements.
   (H)   Use - colleges, universities, and related uses. Permitted as a use standard in RA, Bl, and B2.
      (1)   Requirements:
         (a)   Depending on the intensity of the use and proposed access points, a traffic impact study may be required.
         (b)   Sidewalk extensions and connections may be required in an effort to provide pedestrians with a safe means of travel.
         (c)   Pedestrian traffic circulation, drive lanes, sidewalks, and other transportation improvements.
         (d)   The number and location of designated parking spaces for employees.
         (e)   The number and location of visitor parking spaces.
         (f)   The number and location of student parking spaces
         (g)   The location and extent of open recreation or training areas
         (h)   Student capacity of the school as designed.
         (i)   Total number of employees at time of greatest shift.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (I)   Use - crude petroleum and natural gas. Permitted as a use standard in MI.
      (1)   Requirements:
         (a)   The proposed facility shall conform to the requirements of the Fire Prevention Codes of the State Building Code, the National Board of Fire Underwriters, all applicable codes of the National Fire Protection Association, and all requirements of the State Fire Code.
         (b)   A security fence, at least eight feet in height, shall surround all facilities used for the storage and handling of coal.
         (c)   In addition to the general requirements, the site plan must also include the location of all structures and water bodies within 1,000 square feet.
         (d)   A stormwater plan.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property in which case a Type C or Type D buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (J)   Use - electrical appliance sales and services (no outdoor storage). Permitted as a use standard in B1.
      (1)   Requirements:
         (a)   Storage facilities for appliances and equipment must be fully enclosed.
         (b)   Retail space limited to sales and office use.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (K)   Use - farm machinery sales and service. Permitted as a use standard in RA.
      (1)   Requirements:
         (a)   The lot for the proposed farm machinery sales and service use shall meet the minimum yard requirements for the zoning district.
         (b)   Customer and employee parking and machinery on display shall not be located in any required street yard or public right-of-way, and may not impede vehicular or pedestrian traffic or sign distance triangles, if applicable.
         (c)   All machinery display areas shall conform to the landscaping requirements for parking areas as set forth in this chapter.
         (d)   On-site machinery loading and unloading areas shall be of a sufficient size to ensure that no such loading or unloading will occur in any public right-of-way or impede ingress, egress, or internal circulation.
         (e)   No structure or outside storage, display, or activity area shall be within a distance of 30 feet of any abutting residentially zoned or used lot.
         (f)   Any repair, servicing, maintenance, or other work on machinery shall be conducted within an enclosed structure or behind an opaque fence six feet in height.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (L)   Use - feed and grain sales and storage. Permitted as a use standard in RA.
      (1)   Requirements:
         (a)   No structure, outside storage area, or outside activity area shall be within a distance of 30 feet from any adjoining residentially zoned or used lot.
         (b)   Plans and specifications for buffer and fencing.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (M)   Use - fertilizer wholesale and retail sales. Permitted as a use standard in RA.
      (1)   Requirements:
         (a)   No structure, outside storage area, or outside activity area shall be within a distance of 30 feet from any adjoining residentially zoned or used lot.
         (b)   Plans and specifications for buffer and fencing.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan,
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in §§ 152,528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152,265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (N)   Use - flea market, (indoor). Permitted as a use standard in B1.
      (1)   Requirements:
         (a)   A minimum lot area of one acre is required.
         (b)   Flea market use will not be allowed as an .
         (c)   Adequate and safe permanent public restrooms and/or toilet facilities are required. No portable restroom facilities will be allowed.
         (d)   No structure, outside storage area, or outside activity area shall be within a distance of 30 feet from any adjoining residentially zoned or used lot.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include inclusive of wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (O)   Use - fuel sales. Permitted as a use standard in B1 and B2.
      (1)   Requirements:
         (a)   The site shall front a thoroughfare or residential collector street.
         (b)   No aboveground equipment for the vehicular service of gasoline, oil, or other petroleum product shall be closer than 25 feet to any public right-of-way, and ten feet to any exterior property line.
         (c)   Pump-island canopies shall not be located closer than ten feet to a public right-of-way or exterior property line.
         (d)   All shall be subject to all zoning requirements as stated in this chapter.
         (e)   In addition to the general requirements, the site plan must also include the location and size of gasoline, oil, or other petroleum product tanks.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (P)   Use - heating, equipment and plumbing fixtures, sales (no outdoor storage). Permitted as a use standard in B1, B2, and B3.
      (1)   Requirements:
         (a)   Outside processing or repair activities shall not be permitted.
         (b)   Limited to retail sales.
      (2)   Plans are required and must show:
         (a)   Location of any combustible materials
         (b)   The size and location of all outdoor areas used for the principal use.
         (c)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (d)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (e)   Circulation: proposed points for access and egress and a parking layout.
         (f)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (g)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (h)   A lighting plan, which must include inclusive of wattage and illumination. The use of full cutoff luminaries is required.
         (i)   A list of all services to be provided.
         (j)   A security/management plan.
         (k)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (Q)   Use - multi-unit assisted housing with services. Permitted as a use standard in R20SF and O/I.
      (1)   Requirement:  
         (a)   Minimum lot area: minimum lot area of district in which located plus 1,000 square feet for each person to be accommodated.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (R)   Use - nursing home. Permitted as a use standard in RA, PUD, O/I, Bl, and B2.
      (1)   Requirements: 
         (a)   Minimum lot area: the lot size shall be at least two acres.
         (b)   Minimum yard requirements. The structure shall have minimum side and rear yard requirements of 50 feet, and a front yard requirement of at least 25 feet greater than that required of principal structures within the district.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (S)   Use - pest or termite control services (no outdoor storage). Permitted as a use standard in B1.
      (1)   Requirements:
         (a)   Storage facility for pest control equipment must be fully enclosed.
         (b)   Retail space is only limited to office use.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
         (m)   Proposed storage location of combustible materials.
   (T)   Use - precision instrument manufacturing. Permitted as a use standard in B1.
      (1)   Requirements:
         (a)   Buildings, storage, and maintenance areas shall be screened from adjacent residential land and public rights-of-way.
         (b)   The facility is constructed, designed, and located on the site to minimize noise, odor, and other impacts on neighboring properties.
         (c)   Hazardous waste plan (including proposed storage of combustible materials).
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (U)   Use - remote off-street parking. Permitted as a use standard in O/I, B1 ,B2, B3 and B2HDO.
      (1)   Requirement: 
         (a)   Minimum lot area: none.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152,265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (V)   Use - storage, warehouse, including mini storage. Permitted as a use standard in B1.
      (1)   Requirements for open storage of recreational and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within the storage, self-service use, provided that the following standards are met:
         (a)   The storage shall occur only within a designated area. The designated area shall be clearly delineated.
         (b)   The storage area shall not exceed 25% of the buildable area of the site.
         (c)   No dry stacking of boats shall be permitted on the site.
         (d)   Boats shall be stored in a manner so as to prevent the collection of rainwater.
         (e)   The storage area shall be entirely screened from view from adjacent residential areas and public roads by a building and/or opaque fencing or fencing with landscaping along its exterior side.
         (f)   Storage shall not occur within the area set aside for minimum building setbacks.
         (g)   If separate structures are constructed, there shall be a minimum separation of ten feet between the buildings within the facility.
         (h)   Interior parking shall be provided in the form of aisles adjacent to the storage bays. These aisles shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisles shall be 30 feet.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152,265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (W)   Use - warehouse (general storage, enclosed). Permitted as a use standard in B1.
      (1)   Requirements:
         (a)   Buildings, storage, and maintenance areas shall be screened from adjacent residential land and public rights-of-way.
         (b)   The facility is constructed, designed, and located on the site to minimize noise, odor, and other impacts on neighboring properties.
      (2)   Plans are required and must show:
         (a)   The size and location of all outdoor areas used for the principal use.
         (b)   Topography: on new construction, a well-drained site with adequate storm drainage facilities (including retention pond facilities, when applicable).
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan.
         (d)   Circulation: proposed points for access and egress and a parking layout.
         (e)   Buffering: as specified in § 152.528 of this chapter, unless the property abuts residentially used or zoned property, in which case a Type C buffer is required.
         (f)   Sign size and location as specified §§ 152.265 through 152.277 of this chapter.
         (g)   A lighting plan, which must include wattage and illumination. The use of full cutoff luminaries is required.
         (h)   A list of all services to be provided.
         (i)   A security/management plan.
         (j)   Hours of operation (refer to town noise ordinance, §§ 92.01 through 92.06).
         (k)   Landscaping requirements, §§ 152.525 through 152.544.
         (l)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.
   (X)   Use - windmills. Permitted as a use standard in RA, provided the following requirements are met:
      (1)   Windmills are used to pump ground water to the surface for irrigation in the RA zoning district. The wind turns the blades to utilize wind energy.
      (2)   No wind turbines are allowed.
   (Y)   Use food, beverage, and craft processing and production with retail sales (B2HDO, M-1). These types of establishments include processing and manufacturing facilities for one type or group of merchandise sold at retail, and possibly wholesale, on-site. Permitted uses include, but are not limited to breweries, wineries, and specialty foods. Processing and production shall be limited to less than 50% of the subject property in the B2HDO zoning district. Retail sales in the M-1 zoning district shall occupy no more than 50% of the total square footage devoted to the operation. This use standard is intended for a larger brewery tap room.
      (1)   Requirements. Minimum lot area; based on zoning classification lot standards.
      (2)   Plans are required and must show:
         (a)   Size and location of all outdoor areas used for principal use;
         (b)   Topography: on new construction, well drained site with adequate storm drainage facilities (including retention pond facilities, when applicable);
         (c)   Structures: location of signs, entrance, and buildings must be shown on the plan;
         (d)   Circulation: proposed points for access and egress and a parking layout;
         (e)   Buffering: as specified in §§ 152.528 of this chapter unless the property abuts residentially used or zoned property in which case a Type C buffer is required;
         (f)   Sign size and location as specified §§ 152.265 - 152.277 of this chapter;
         (g)   Lighting plan which must include wattage and illumination. The use of full cutoff luminaries is required;
         (h)   List of all services to be provided;
         (i)   Security/management plan;
         (j)   Hours of operation (refer to town noise ordinance §§ 92.01 - 92.06);
         (k)   Landscaping requirements, §§ 152.525 - 152.544; and
         (l)   Parking: shall conform to §§ 152.290 - 152.296, Off-Street Parking and Loading Requirements.
   (Z)   Use- boat/boat trailer storage.
      (1)   Permitted as a use standard in CON, RA, R6, R6SF, R8SF, R10SF, R15SF, R20SF, R40SF, PUD, MHP, MHS, MHS-15SF, MHS-O, O/I, G/E, B2, B3, B2HDO.
      (2)   Requirements for open storage of recreational and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within the boat/boat trailer storage use, provided that the following standards are met:
         (a)   The storage area shall not exceed 25% of the buildable area of the site;
         (b)   No dry stacking of boats shall be permitted on the site;
         (c)   Valid registration/tag is required on boat trailers;
         (d)   Boats shall be stored in a manner so as to prevent the collection of rainwater;
         (e)   The property is to be well-maintained in a neat and clean condition, free of overgrown grass, weeds, brush, and debris; and
         (f)   Storage shall not occur within the area set aside for minimum building setbacks.
(Ord. 2023-O6, passed 5-22-23; Am. Ord. 2024-O7, passed 4-23-24; Am. Ord. 2024-O-16, passed 8-27-24)