There are certain uses that exist which may be constructed, continued, and/or expanded provided they meet certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility so that different uses may be located in proximity to one another without adverse effects to either. When uses are listed in the Permitted Use Table in Chapter 2 as Permitted with Standards (PS) or uses requiring a Conditional Use Permit (CUP) they shall comply with the additional criteria set forth in this Chapter for that use in addition to the other applicable criteria contained in this Ordinance.

3.1.1 USES PERMITTED WITH STANDARDS (PS)

A.

Permitted uses with additional standards are permitted by-right, provided that the specific standards set forth in this Chapter are met.

B.

The specified standards are to ensure that these uses fit the vision of the zoning district in which they are permitted, and that these uses are compatible with other development permitted within the districts.

3.1.2 CONDITIONAL USE PERMIT APPLICATIONS (CUP)

A.

Conditional Uses are uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhoods and/or the Town as a whole, require individual consideration in their location, design, configuration, and/or operation at the particular location proposed.

B.

All Conditional Uses shall, at a minimum, meet the standards for the zoning district in which they are located, and the specific standards set forth in this Chapter for that specific use. In addition to determining that the application meets all other requirements of this Ordinance (no variances are permitted), the Town Council must find that the development in its proposed location:

1.

Will not endanger the public health and safety; and

2.

Will not injure the value of adjoining or abutting property; and

3.

Will be in harmony with the area in which it is located; and

4.

Will be in conformity with the land use plan, thoroughfare plan, or any other plan officially adopted by the Council.

C.

Individual consideration of the use may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and welfare. All conditions must be agreed to by the applicant.

D.

Review and approval procedures for Conditional Use Permits are found in Chapter 15 of this Ordinance.

3.1.3 CONFLICT WITH OTHER REGULATIONS

A.

If there is a conflict between the standards in this Chapter and any other requirements of this Ordinance, the standards of this Ordinance shall control except as set forth in 3.1.3.B.

B.

The zoning district in which a particular use is permitted is controlled by the use listings found in the Permitted Use Table in Chapter 2 of this Ordinance. In the event of any inconsistency between this Chapter and the permitted uses listed for a particular district, the Permitted Use Table in Chapter 2 of this Ordinance shall control.

3.2.1 DWELLING, MULTI-FAMILY (GR10, OI, CBD)

A.

In the GR10, OI, and CBD zoning districts, Dwelling, Multi-Family uses require the approval of a Conditional Use Permit.

B.

CBD District: Multi-family uses shall be limited to the second and higher floors in vertical mixed-use buildings only.

C.

GR10 & OI Districts: Multi-family uses in these districts must comply with the following requirements:

1.

Setbacks: The minimum street yard setback shall be 30'. The minimum side and rear yard setback shall be 30' when adjacent properties are used or zoned for single-family residential uses.

2.

Buffers: A buffer meeting the standards of a Type A Buffer per Chapter 8 of this Ordinance shall be required along all property boundaries.

3.

Lot Coverage: No more than 60% of the gross site area shall be occupied by buildings and structures.

4.

Building Form: Structures shall not have a continuous horizontal distance exceeding 150'.

3.2.2 DWELLING, TOWNHOME (CBD)

A.

In the CBD zoning district, Dwellings, Townhome uses require the approval of a Conditional Use Permit.

B.

Consecutive Number of Units: No more than 5 consecutively attached units shall be permitted.

C.

Driveway Width: The maximum allowable driveway width is 12' per dwelling unit. Adjacent garages shall share one driveway when individual driveways would be separated by less than 20'.

D.

Common Areas: Common areas (landscaping, shared driveways, lawns, play areas, and similar uses) shall be maintained by a homeowner's association or other legal entity. A copy of the applicable covenants, restrictions, and conditions shall be recorded and provided to the Town prior to building permit approval.

3.2.3 FAMILY CARE HOME (ALL DISTRICTS)

A.

Family Care Homes shall be certified by the International Building Code, as amended by the NC Building Code.

B.

No Family Care Home may be located closer than ½ mile to another Family Care Home.

3.2.4 MANUFACTURED HOME PARK (MHP)

A.

In the MHP zoning district, Manufactured Home Parks shall only be allowed with an approved Conditional Use Permit.

B.

Lot Size: The minimum lot size for a manufactured home park is 6 acres. Individual lots for rent within the park shall be a minimum of 6,000 square feet and 50 feet wide.

C.

Street Frontage: Each lot for rent shall but an interior street within the manufactured home park.

D.

Street Surface: Interior streets shall be paved according to the Tarboro Manual for Design Specifications and shall be a minimum of 20 feet in width.

E.

Parking Spaces: Parking spaces within the manufactured home park shall be surfaced with at least 4 inches of asphalt or concrete.

F.

Recreational Space: At minimum of 200 square feet of recreation space is required for each lot for rent within the manufactured home park as common recreation space for residents of the park.

G.

Access to Common Facilities: All common facilities, such as required recreation space, shall be made accessible to each lot for rent by means of a walkway at last 3 feet wide. The required walkway shall be surfaced with asphalt or concrete.

H.

Minimum Separation of Homes: All principal structures within the manufactured home park shall be separated by at least 30 feet. Accessory structures must be located so as not to interfere with the removal of a manufactured home in the event of fire or other disaster.

I.

Public Utilities Required: Manufactured home parks must provide connections to public water and sewer if available.

J.

Street yards and Buffers: A street yard or perimeter buffer, a minimum of 30 feet in width, shall be required adjacent to public rights-of-way and adjacent properties. No manufactured home or accessory structure may be located within the required street yard or perimeter buffer.

3.2.5 NURSING/REST HOME (GR10, OI, CBD)

A.

In the GR10 zoning district, Nursing/Rest Home uses shall only be allowed with an approved Conditional Use Permit.

B.

Density: The maximum number of units rooming units permitted shall be two times the density of the applicable zoning district.

C.

Residents Per Room: Each rooming or dwelling unit may be occupied by no more than two persons not related by blood, marriage, or adoption.

D.

Administration: Facilities for resident managers or custodians providing administrative services or medical services shall be located on-site, open and staffed for at least four hours one day per week.

E.

Food Service and Recreation: The facility must contain indoor shared food preparation service, common dining halls, and common recreation rooms for the exclusive use of all residents and their guests. These facilities shall total a minimum of 30 square feet per rooming unit. Common indoor social and related service facilities may also be part of the facility.

3.2.6 PLANNED DENSITY DEVELOPMENT (RD, GR3, GR5, GR10, OI)

A.

In the RD, GR3, GR5, GR10, and OI zoning districts, Planned Residential Developments shall only be allowed with an approved Conditional Use Permit.

B.

Planned Residential Developments must comply with the standards set forth in § 2.6.2 of this Ordinance.

3.2.7 RESIDENTIAL CARE FACILITY (MORE THAN 6 PERSONS) (GR3, GR5, GR10, MHP, OI)

A.

Buffering: Residential Care Facilities must be buffered from adjacent residentially zoned property with a Type C buffer in accordance with Chapter 8 of this Ordinance.

B.

Licensing: Prior to the submission of an application for a site plan, an owner/operator of the facility shall have received a license from the State of North Carolina for such a facility. After approval of a site-specific site plan, the owner/operator must provide the Administrator with a copy of the license from the State of North Carolina for the Facility. Owner/operator must provide a copy of the license annually to the Administrator by March 1 ^st of every calendar year.

C.

Number of Units: Unless located and having access on a Collector Street or higher order street, as defined in Chapter 6 of this Ordinance, no residential care facility shall have more than 16 units.

D.

Development Standards: To the extent practicable, the community shall provide access connectivity (vehicular and pedestrian) to adjacent neighborhoods.

E.

Accessory Uses: The following accessory uses are permitted: congregate dining facilities, recreational and social facilities, health care facilities, gift shops, snack shops, banks, barber/beauty shops, and similar services for use by the residents of the facility. These accessory uses shall not be open for use by the general public.

3.3.1 BED AND BREAKFAST HOMES (RD, GR3, GR5, GR10, OI, CBD)

A.

As indicated in the Permitted Use Table, Bed and Breakfast Homes with a maximum of 8 rooms are permitted with a Conditional Use Permit in the RD, GR3, GR5, OI, and CBD zoning districts.

B.

Structure: Bed and Breakfast Homes are only permitted in a structure originally constructed as a single-family dwelling, and the structure must be listed in the National Register of Historic Places or be a structure of historical features or significance. No enlargement of the structure to accommodate the Bed and Breakfast use is permitted.

C.

Owner-Occupied: The owner of the Bed and Breakfast Home must also live in the home.

D.

Interior Modifications: Any interior modifications shall be described in the Conditional Use Permit application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces, windows and doors, cornices, festoons, chair rails, or light fixtures.

E.

Periodic Inspection: The Bed and Breakfast Home shall be kept in a permanent registry and subject to periodic inspection by the Administrator.

3.3.2 BOARDING OR ROOMING HOUSES (UP TO 12 PERSONS) (GR10, OI)

A.

As indicated in the Permitted Use Table, Boarding or Rooming Houses for up to 12 persons are permitted with a Conditional Use Permit in the GR10 and OI zoning districts.

B.

Parking: Parking shall not be permitted in the required street yard and shall be screened from adjacent properties with a Type B buffer, as defined in Chapter 8 of this Ordinance.

C.

Owner: The owner shall serve as a full-time manager or otherwise designate a full-time manager, either of which shall permanently reside on the premises.

D.

Building and Lot Standards:

1.

The minimum size of any sleeping room shall be 200 square feet per resident.

2.

A minimum of one full bath consisting of a tub or shower, toilet, and sink shall be provided for each 4 residents.

3.

Full kitchen facilities, consisting of a stove, oven, sink, refrigerator, food preparation area, and storage areas shall be provided and accessible by all tenants.

4.

Signs, other than address/tenant identification signs which meet the requirements of Chapter 11 of this Ordinance, shall not be permitted.

5.

All of the lot area which is not used for parking, sidewalks, buildings, utility structures, or site access must be landscaped and maintained.

3.3.3 HOTEL/INN (NO ROOM LIMIT) (CBD)

A.

As indicated in the Permitted Use Table, Hotel/Inn (no room limit) are permitted with a Conditional Use Permit in the CBD zoning district.

B.

Parking: No surface parking shall be permitted between the front façade of any structure on the parcel and adjoining public rights-of-way, private streets, or public or private cross-access easements.

3.3.4 SHORT-TERM VACATION RENTALS (RD, GR3, GR5, GR10, OI, CBD, NB)

A.

As indicated in the Permitted Use Table, Short-Term Vacation Rentals are permitted with a Conditional Use Permit in the RD, GR3, GR5, GR10, CBD, OI, and NB zoning districts.

B.

Maximum Occupancy: The maximum occupancy of the rental shall be based on International Building Code standards, as amended by the NC Building Code. Responsibility for ensuring that the dwelling is in conformance with its maximum occupancy shall rest with the owner of the property.

C.

Restrictions on Use: A renter may not use a short-term rental for a purpose not incidental to its use for lodging and sleeping purposes. This restriction includes using the rental for weddings, receptions, concerts, fundraisers, or any similar group activity.

D.

Parking: There will be no demand for parking beyond that which is normal to a residential area.

E.

Signs: Signs, other than address/tenant identification signs which meet the requirements of Chapter 11 of this Ordinance, shall not be permitted.

F.

Informational Packet: A packet of information shall be provided to renters and posted conspicuously in the common area of the rental summarizing the guidelines and restrictions applicable to the rental use, including:

1.

Maximum occupancy of the rental;

2.

Applicable noise and use restrictions;

3.

Location of off-street parking;

4.

Directions that trash shall not be stored within public view, except within containers approved for the purpose of collection; information providing the trash collection schedule for the Town shall also be provided;

5.

Contact information for the local property representative;

6.

Evacuation routes;

7.

Notification that the renter is responsible for complying with the regulations of this subsection and that the renter may be cited or fined for violating any provisions of this Ordinance.

G.

Insurance: The property owner shall maintain on file with the Town an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term or vacation rental.

3.4.1 HOME OCCUPATIONS (RD, GR3, GR5, GR10, MHP, OI)

A.

General Standards:

1.

The home occupation shall be clearly incidental and secondary to the residential occupancy.

2.

The use shall be carried on entirely within an enclosed structure on the premises.

3.

The home occupation shall be operated by a resident of the residential dwelling.

4.

A maximum of 25% of the gross floor area of the dwelling unit may be used for the home occupation.

5.

A maximum of two full-time employees, that are not residents of the dwelling unit, may be employed by the home occupation.

6.

Only one home occupation is permitted per dwelling unit.

7.

No on-premises sales of goods not produced on-site are permitted.

B.

Exterior Appearance:

1.

The use shall not change the residential character of the dwelling.

2.

Storage of goods and materials associated with the home occupation must be within an enclosed structure. No outdoor storage of materials associated with the home occupation is permitted.

3.

Parking must be provided so as not to create hazards or street congestions. All parking associated with the dwelling and home occupation shall be accommodated off the street. If the dwelling is served by a vehicle accommodation area, parking for the home occupation shall be provided within the programmed vehicle accommodation area.

4.

No display of goods, products, or services shall be visible outside the dwelling. Signage in compliance with the requirements of Chapter 11 of this Ordinance is permitted.

5.

No generation of dust, odors, noise, vibration, or electrical interference or fluctuation shall be perceptible beyond the property line.

3.4.2 PERSONAL SERVICES, RESTRICTED (CBD, HB)

A.

Location:

1.

Such use shall not be located within 600 feet of a public or private school, as measured from any point of the outside walls of the building containing the business to the nearest property line of the school.

2.

Such use shall not be located within 100 feet of any residential dwelling or property zoned for residential uses, as measured from any point of the outside walls of the building containing the business to the nearest property line of the property containing, or zoned for, residential uses.

3.

Such use shall be located a minimum of 1,000 feet from any existing Personal Services, Restricted, as measured from the outside walls containing the business to the nearest property line of the existing use.

3.4.3 VETERINARY SERVICES (OI, CBD, NB, HB, LI)

A.

General Standard: Only animals in veterinary care may stay overnight. No kennels or storage of animals shall be permitted outside unless otherwise permitted in the district in which the property is located.

3.5.1 ADULT ESTABLISHMENT (LI, HI)

A.

As indicated in the Permitted Use Table, Adult Establishments are permitted with a Conditional Use Permit in the LI and HI zoning districts.

B.

Advertisements and Sound: No printed material, slide, video, photograph, written text, live show, or other visual presentation format shall be visible from outside the walls of any Adult Establishment, nor shall any live or recorded voices, music, or sound be heard from outside the walls of the Adult Establishment.

C.

Concentration: No more than one Adult Establishment shall be located within any 2,000-foot radius. This radius shall be determined by a straight line and not street distance to any portion of the structure or vehicle accommodation area containing or serving the Adult Establishment.

D.

Separation: No Adult Establishment shall be located within a 250-foot radius of any residential zoning district, residential dwelling, religious institution, school, day care, playground, or public park. This radius shall be determined by a straight line and not street distance to any portion of the structure or vehicle accommodation area containing or serving the Adult Establishment.

E.

Single-Use: There shall be no more than one Adult Establishment on the same property or in the same building, structure, or portion thereof. There shall be no sleeping quarters or private rooms within an Adult Establishment.

F.

Maximum Square Footage: There maximum floor area allowed for any Adult Establishment shall be 1,000 square feet.

G.

Buffering: Screening and buffering is required in the following circumstances. The standards and suggested planting patterns for these buffers can be found in Chapter 8 of this Ordinance.

1.

When a use located in the LI or HI zoning district abuts a lot in a residential district, a Type A buffer is required.

2.

When a lot in a residential district abuts a lot which contains a multi-family development, a Type B buffer is required.

3.

When a lot abuts a public street, a Type C buffer is required along the public right-of-way, with exclusion of driveway entrances. Such screening shall not interfere with motorist visibility in the sight distance triangle.

4.

Additional buffering may be required by the Town Council as part of the approval of a Conditional Use Permit.

3.5.2 CAMPGROUND (RD, MHP, LI, HI)

A.

As indicated in the Permitted Use Table, Campgrounds/RV Parks are permitted with a Conditional Use Permit in the RD, MHP, LI, and HI zoning districts.

B.

Minimum Spacing: The minimum spacing provided between RV parking spaces meet the requirements below:

•

Side-to-side: 10 feet

•

Side-to-rear: 8 feet

•

Rear-to-rear: 6 feet

•

Front-to-rear: 6 feet

•

Front-to-front: 5 feet

C.

Facilities: No restroom shall be located closer than 25 feet to, nor further than 400 feet from, any RV parking or designated camping space. Other permanent structures shall be located at least 10 feet from any designated camping space or RV parking space.

D.

Recreation Facilities: Recreation facilities, such as indoor recreation facilities, pools, clubhouses, common areas, etc., shall be provided at a minimum of 100 square feet per designated camping site or RV parking space.

3.5.3 GENERAL COMMERCIAL, DEVELOPMENT GREATER THAN 125,000 SQUARE FEET (HB)

A.

As indicated in the Permitted Use Table, General Commercial, Development Greater than 125,000 square feet are permitted with a Conditional Use Permit in the HB Zoning district.

3.5.4, 3.5.5 RESERVED

3.5.6 NIGHT CLUB (CBD, NB, HB)

A.

Memberships: Night Clubs may only allow entrance to those patrons who are registered members of the facility.

B.

Separation: All new Night Clubs shall be located no closer than 500 feet to any residential district or use, religious institution, school, park, playground, or existing Night Club.

3.5.7 OPEN AIR RETAIL (HB)

A.

Location: The use shall be conducted behind the required setbacks of the zoning district in which it is located.

B.

Sidewalk Kiosks, Vendor Carts, Concession Stands, etc.: Such uses shall be permitted to operate within the right-of-way provided that adequate pedestrian clearance on the sidewalk is maintained. A minimum 5-foot clear zone shall be provided to allow for the free flow of pedestrian traffic. No such use shall be permitted in automobile and bicycle travel ways.

C.

Parking: No permanent parking is required but the use must accommodate reasonable vehicular circulation and parking to preclude off-site impacts as determined by the Administrator.

3.5.8 OUTDOOR THEATER (CBD, NB)

A.

Buffering and Location:

1.

Outdoor Theaters shall be screened from adjacent residential dwellings, or residentially zoned property, by a Type A Buffer as defined in Chapter 8 of this Ordinance.

2.

The performance and audience areas for any Outdoor Theater shall be located a minimum of 200 feet from any adjacent property occupied by a residential dwelling or within a residential zoning district.

B.

Access: Primary access to all Outdoor Theaters shall be to a collector or higher order street as defined in Chapter 6 of this Ordinance.

C.

Operation Standards:

1.

Lights and loudspeaker systems shall be operated according to the Town of Tarboro's noise ordinance.

2.

Operation of the Outdoor Theater is limited to the hours of 7:00 a.m. and 10:00 p.m. unless Conditional permission is received from the Administrator.

3.5.9 OUTSIDE SALES AND DISPLAY (OI, CBD, NB, HB)

A.

Applicability: These standards are intended to regulate outside sales which are conducted on an everyday basis, either within a permanent open -air structure, an uncovered outdoor sales area, or on private pedestrian walkways. Outside sales which are temporary or seasonal in nature, or which are intended to be located in parking areas, shall be permitted pursuant to the standards in § 3.5.11 of this Ordinance.

B.

Permitted Location and Size:

1.

Outside sales shall not occupy required parking areas.

2.

Outside sales shall not occupy more than 25% of the total building area of the primary use with the associated permanent structure.

3.

Outside sales must be clearly subordinate to the primary use within the associated permanent structure and shall generally be located to the side or rear of the principal structure.

C.

Required Setbacks: Display of merchandise for outside sales in the front yard shall be located a maximum of 12 feet from the front face of the primary structure. Such displays may be located on a private sidewalk provided that a clear pedestrian passage of at least 5 feet is maintained.

3.5.10 PAWN SHOPS (HB)

A.

As indicated in the Permitted Use Table, Pawn Shops are permitted with a Conditional Use Permit in the HB zoning district.

B.

Separation: All new Pawnshops shall be located no closer than 1,000 feet to any existing Pawnshop.

3.5.11 RACETRACK (RD, HI)

A.

As indicated in the Permitted Use Table, Racetracks are permitted with a Conditional Use Permit in the RD and HI zoning districts.

B.

Buffering and Location:

1.

No portion of the Racetrack shall be permitted to be closer than 500 feet to any exterior lot line.

2.

A 100-foot buffer meeting the standards of a Type A buffer as defined in Chapter 8 of this Ordinance shall be required along all property lines.

3.5.12 SHOOTING RANGE, INDOOR (LI, HI)

A.

As indicated in the Permitted Use Table, Shooting Ranges, Indoor are permitted with a Conditional Use Permit in the LI and HI zoning districts.

B.

Applicability: This use includes the shooting of firearms, bows, crossbows, and the like at, or in conjunction with, both for-profit and non-profit facilities. It does not include incidental target practice by individuals on private property in compliance with Town, State, and Federal requirements.

C.

Noise Mitigation: The facility shall be designed such that sound generated at the facility shall not be detectable to the normal senses of any person not located on the property of the Shooting Range, Indoor.

D.

Shot Containment: The range shall be designed to provide a totally controlled shooting environment that includes impenetrable walls, floor, and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.

E.

Design: The design of the facility shall be guided by the design standards recommended by the National Rifle Association (NRA) for the appropriate caliber firearm(s) or weapon(s) being used on the site as described in "The NRA Range Source Book," published by the NRA, insofar as they do not conflict with any of the specific requirements contained within this Ordinance.

F.

Lead Recovery: Firing range wastes are regulated under the Resource Conservation and Recovery Act (RCRA) and 40 Code of Federal Regulations (CFR) 260-266. All Shooting Ranges, Indoor shall comply with the regulations.

G.

Range Supervision: A competent adult supervisor, approved by the owner/manager, shall be present at all times when the range is open to the public.

3.5.13 SHOOTING RANGE, OUTDOOR (RD, HI)

A.

As indicated in the Permitted Use Table, Shooting Ranges, Outdoor are permitted with a Conditional Use Permit in the RD and HI zoning districts.

B.

Applicability: This use includes the shooting of firearms, bows, crossbows, and the like at, or in conjunction with, both for-profit and non-profit facilities. It does not include incidental target practice by individuals on private property in compliance with Town, State, and Federal requirements.

C.

Separation: Shooting Ranges, Outdoor shall be located no closer than 1,000 feet from any religious institution, school, public park, playground, day care center, or residential dwelling as measured from the security fence described below to the property line(s) of the aforementioned uses. In addition, the range itself shall not cross or penetrate any public utility easement.

D.

Noise Mitigation: The facility shall be designed such that sound generated at the facility shall not exceed the following levels (in decibels) measured at any off-site location:

E.

Shot Containment: The range shall be designed to contain the bullets, shot, arrows, or other projectiles on the range facility.

F.

Hours of Operation: The Town Council may regulate the hours of operation as a condition of the Conditional Use Permit.

G.

Design: The design of the facility shall be guided by the design standards recommended by the National Rifle Association (NRA) for the appropriate caliber firearm(s) or weapon(s) being used on the site as described in "The NRA Range Source Book," published by the NRA, insofar as they do not conflict with any of the specific requirements contained within this Ordinance.

H.

Security: The facility shall be enclosed with a minimum 6-foot high security fence with locking gates. A sign, at least 2 square feet but not greater than 6 square feet in size, warning that a firing range is inside the fence shall be posted every 50 feet along the fence. These signs shall not count against permitted signage provided in Chapter 11 of this Ordinance as long as no advertising or logos are on the signs.

I.

Range Supervision: A competent adult supervisor, approved by the owner/manager, shall be present at all times when the range is open to the public.

3.5.14 SPECIAL EVENTS FACILITY (RD, GR3, GR5, GR10, OI, CBD, NB, HB)

A.

As indicated in the Permitted Use Table, Special Event Facility uses are permitted with a Conditional Use Permit in the RD, GR3, GR5, and GR10 zoning districts.

B.

Noise Mitigation: The facility shall be designed such that sound generated at the facility shall not exceed the following levels (in decibels) measured at any off-site location:

C.

Traffic Circulation: The required Conditional Use Permit, site plan, or zoning permit shall include a traffic management plan. The traffic management plan shall include the following:

1.

Approved access conforming to the Town of Tarboro and/or NCDOT standards.

2.

Adequate ingress and egress shall be provided for emergency vehicles.

3.

A traffic control plan to ensure an orderly and safe arrival, parking, and departure of all vehicles. The traffic control plan shall illustrate measures to ensure that vehicles entering and exiting the site will not block private easements, public rights-of-way, intersections, or private driveways.

4.

At least one parking attendant shall be located on-site to direct traffic into the facility and towards available parking, and to direct traffic leaving the facility at the conclusion of the event.

5.

The location of all temporary directional signage at entrances and within parking lots to ensure the orderly flow of traffic. Temporary directional signage shall be placed prior to events and removed at the conclusion of events.

D.

Operational Limitations: The following limitations shall apply to the operation of a Special Event Facility:

1.

No Special Event Facility shall be allowed to exceed an attendance of more than 500 persons or last longer than 2 days.

2.

No event shall last longer than 12 hours per day and is limited to between the hours of 8:00 a.m. and 10:00 p.m.

E.

Water and Sewage Disposal: Special Event Facilities shall provide potable water supplies and on-site sewage disposal (or connect to public sewer) necessary to accommodate all special events.

F.

Setbacks: Temporary or permanent event structures, or outdoor areas intended to serve as the event location shall meet the setback requirements for accessory structures in Chapter 2 of this Ordinance.

G.

Lighting: All outdoor lighting associated with a special event shall be turned off by 11:00 p.m. Parking lot lighting may remain on later if approved by the Administrator.

3.5.15 TEMPORARY USES (ALL DISTRICTS)

All permitted Temporary Uses listed in this subsection shall require the approval of a Temporary Use Permit by the Administrator, subject to the standards below.

A.

Separation Requirement: Except for yard sales, Christmas tree sales, and produce stands, no temporary use shall be located closer than 100 feet to a residential dwelling unless the owners of the residential dwelling provide written consent of the temporary use to the Administrator.

B.

Waste and Trash: The sponsor, owner, or manager of any temporary use shall be responsible for ensuring that the site remains free of waste and debris upon the conclusion of each day's sale or use.

C.

Number Per Lot: No more than one temporary use shall be permitted per lot at any given time.

D.

Exemption for Annual Fairs on County, Town, or School Property: Fairs or other special recreation or entertainment events which usually occur on an annual basis and are held in the following locations shall be allowed at these locations and are hereby exempt from the provisions of this subsection:

1.

Public Parks, if authorized by the Administrator;

2.

School or college grounds, if authorized by the School Superintendent or College President/Chancellor.

E.

Property Owner Permission: The applicant must provide written permission to use the property for the proposed temporary use from the property owner, as listed in the Edgecombe County tax records.

F.

Permitted Temporary Uses Allowed in All Districts:

G.

Temporary Uses Allowed in Form-Based and Non-Residential Districts:

¹

See additional standards in § 3.2.14.H.6.

²

When conducted exclusively as part of the permanent business or industrial use on the same lot, a Temporary Use Permit is not required. See additional standards in § 3.5.14.H.7.

³

See additional standards in § 3.5.14.H.8.

H.

Temporary Uses with Specific Requirements:

1.

Temporary Uses Associated with Construction:

a.

The contractor's office, equipment/storage shed, security watchman's office/residence, and/or mobile office space for workers may be placed in any district temporarily on the site of construction for a development, or location approved by the Administrator, for which Zoning Permit has been issued.

b.

Temporary offices for office workers shall be allowed only on the construction site and for the specific purpose of providing temporary relocation office space required during construction activities involving the renovation, expansion, or reconstruction of an existing facility.

c.

Such uses shall be located at least 5 feet from other structures and 15 feet from adjacent property lines.

d.

Placement of such temporary uses is limited to a period of time determined by an estimated project completion date with an option of extension of up to 1 year of approved by the Administrator. All temporary construction buildings and trailers shall be placed on the site no earlier than 90 days prior to construction and shall be completely removed from the site with 30 days of the issuance of a Certificate of Occupancy or completion of the project, whichever comes first.

2.

Temporary Real Estate Office:

a.

A construction trailer, temporary modular unit, or model dwelling unit may be used as a real estate sales office in a new residential development of 20 or more units or lots.

b.

Temporary real estate offices in a construction trailer, temporary modular unit, or model dwelling unit shall be allowed in any new construction project in any district, provided that such structure shall be used for the sale of units within that project only.

c.

Only 1 such temporary structure per builder or developer shall be allowed for use as a real estate sales office.

d.

Temporary real estate offices in construction trailers or modular units may remain on the site for no more than 1 year or until 80% of the units within the project are completed, whichever comes first.

3.

Temporary Relocation Mobile Homes for Displaced Residents: Residents displaced as a result of a natural or manmade disaster, or a publicly-sponsored redevelopment project in a neighborhood or area, shall be allowed provided they meet the following requirements:

a.

Temporary mobile homes may occupy designated disaster areas or redevelopment project areas only. Mobile homes shall only be allowed to occupy redevelopment areas, as designated by the Town Council, following an advertised public hearing.

b.

The mobiles homes shall be permitted for not more than 2 years, except by an extension of time by the Town Council.

c.

The mobile homes shall be properly installed according to state requirements and connected to public utilities.

d.

The mobile homes shall be located at least 10 feet from one another and from other structures.

e.

Each mobile unit shall be accessible to public service and emergency vehicles as determined and approved by the Administrator.

f.

Adequate provision shall be made for parking and waste management in compliance with this Ordinance and other applicable Town policies.

4.

Temporary Recreational Vehicle or Travel Trailer:

a.

This use is for a single temporary recreation vehicle or travel trailer (RV) located on a residential site during the construction/rehabilitation of the principal building when occupied by the owners of the principal building. Such temporary use requires the approval of a Temporary Use Permit by the Administrator.

b.

An active building permit for the principal building on the property is a prerequisite for a permit to conduct this temporary use. Progress towards the completion of the project is essential in order to continue to hold this permit, and lack thereof over a period of 3 consecutive months or more shall be sufficient grounds for revocation of this Temporary Use Permit.

c.

The RV may be used for dwelling purposes including, but not limited to, sleeping and major cooking activities.

d.

The initial permit shall be valid for one calendar year, unless revoked for the reasons stated in § 3.5.18.G.4.b. A one-year extension may be authorized by the Administrator when it is determined circumstances warrant such extension.

e.

The RV shall be completely located on private property and shall not impede access by emergency vehicles to the property or adjoining property.

f.

The RV shall be occupied by the owner of record of the property on which it is located.

g.

Connection to public utilities shall be in accordance with this Ordinance and all other Town regulations and policies.

5.

Temporary Dependent Care Residences:

a.

In all residential districts and the HB district, not more than one Class B manufactured home may be permitted in a rear yard on a temporary basis, provided the Town Board issues a Conditional Use Permit after finding that a personal hardship justifying such a permit exists. Such hardship shall involve the need to care for elderly parents or other dependents of the family occupying the principal building. Reasons justifying separate quarters shall be incompatibility, contagious disease, illness, or lack of adequate space within the principal; building. A monetary hardship does not qualify as a personal hardship.

b.

Conditional Use permits authorizing the use may be issued in such cases for six months but may be renewed for successive six-month periods for so long as the hardship continues. Application for renewal of the permit shall be made at least 30 days prior to the expiration date.

c.

All such manufactured home must have access to approved water and sewer systems and such manufactured homes must be maintained so as not to create nuisance conditions.

d.

Temporary residences authorized under this section shall not be subject to the density limitations set forth in Chapter 2 of this Ordinance but shall be subject to the applicable setback requirements.

6.

Temporary Food Vendors on Public Property:

a.

Location: Temporary food vendors may only be parked within permitted parking spaces, locations approved by the Administrator, or in a space provided by the sponsoring business. The vendor must be located to allow for at least five feet of unobstructed clearance for pedestrians on sidewalks, pedestrian paths, or any other facility intended primarily for pedestrian travel. The vendor must be located at least five feet from any driveway and fifteen feet from any fire hydrant.

b.

Separation: No mobile food vendor may be located within 100 feet of the main entrance of any restaurant, outdoor seating area, or other temporary food vendor. This requirement shall not apply when temporary food vendors are part of a publicly sponsored event, such as a festival or fair.

7.

Special Sales or Seasonal Flea Markets:

a.

Exemption: When such uses are conducted exclusively as part of a business or industrial use on their lot, parking area, or private sidewalk, a permit for the temporary use is not required. Such uses shall not be limited in length of time that they may be conducted except that they shall only be conducted on an occasional or seasonal basis. The following standards shall still apply:

i.

Such uses shall be conducted or authorized by an existing permanent business or industrial use which is in a permanent structure.

ii.

Such uses shall only be allowed on the lot with the permanent business or industrial use, except as provided in 3.5.18.G.5.a.iii below.

iii.

Such uses may be allowed in vehicle accommodation areas on the same lot as the permanent business or industrial use, or on abutting property within parking areas that serve the permanent business or industrial use.

iv.

Such uses may be conducted within the front yard and may include the occasional use of temporary tents, other similar structures, or vehicles used for purposes of displaying and selling merchandise.

8.

Weekend Flea Markets:

a.

All such uses shall be located at least 250 feet from any property located within a residential or form-based zoning district.

b.

Other uses to be housed within the confines of the flea market (such as restaurants, amusements, storage, etc.) must comply with the requirements of this Ordinance for that use.

c.

Such uses may include the use of temporary tents, or other similar temporary structures, and/or vehicles for the purpose of displaying and selling merchandise. Temporary tents, tables, etc. shall be removed from the site after the close of business for the weekend.

d.

Permanent accessory structures shall be limited to office and bathroom facilities.

e.

No structures of any type shall be located within the required yards for the zoning district in which the flea market is located.

f.

No vehicle shall be parked closer than 5 feet to any property line.

g.

There is no minimum parking requirement, but at a minimum, adequate grass turf or other surfaced parking (gravel, concrete, or pavement) must be provided on-site. An un-stabilized surface is not permitted for parking.

h.

Outdoor trash and recycling facilities shall be provided.

i.

The site shall be maintained in a clean an orderly fashion at all times. Dumpsters or other waste containers must be emptied when full and at least once a week.

j.

No overnight camping shall be permitted on-site.

k.

A permit must be approved annually for the flea market. Conditions of the approval of the flea market temporary use permit may be added to renewed permits to address known issues with the flea market operation.

9.

Temporary Uses Not Listed: If a permit is sought for a temporary use other than the specific uses listed in this subsection, the Administrator shall have the authority to determine which of the use categories above most closely resembles the use or activity in question. In the event that a particular use is not listed, and such is not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall determine whether a materially similar use exists in this Ordinance. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator's decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, this Ordinance may be amended to establish a specific listing for the use in question through the text amendment process specified in Chapter 15 of this Ordinance.

3.6.1 CEMETERY (RD, GR3, GR5, GR10, OI)

A.

Minimum Lot Size: A minimum of 3 contiguous acres shall be required to establish a cemetery, columbarium, or mausoleum not located on the same tract of land as, or a parcel owned by, a religious institution.

B.

Minimum Yard Requirements:

1.

The minimum yard required for all burial plots, columbariums, mausoleums, and any other structures is 30 feet from any exterior property line, or the required yard in the zoning district in which the property is located, whichever is greater. Gatehouses shall be exempted from the minimum yard requirements as long as their placement meets the sight triangle requirement in Chapter 4 of this Ordinance.

2.

Where graves or burial plots are closer than 50 feet to any adjacent public or private street, a hedge row that will reach a minimum of 8 feet in height within 3 years is required between the street and cemetery.

3.6.2 COMMUNITY OR CULTURAL FACILITY (CBD)

A.

Prohibited Except as an Accessory Use: A community or cultural facility is prohibited from operating in a commercial or mixed-use building except as an accessory use (less than 50% of the total first floor area) to an otherwise permitted use. All such operations shall be located to the rear of the structure away from the public frontage or in upper stories. The use of upper stories by a community or cultural facility is not limited.

3.6.3 OUTDOOR RECREATION FACILITY, OUTDOOR (RD, HB, LI, HI)

A.

Applicability: Golf courses that are part of a residential development shall be exempt from these requirements.

B.

Permitted Accessory Uses: Outdoor recreation facilities may provide recreational vehicle hook-up stations, including potable water, gray water, black water, and electrical. These stations must meet all applicable local, state, and federal requirements.

C.

Connectivity to Surrounding Neighborhoods: Such facilities shall be connected to adjacent developed properties to the extent practical via street connections, driveways, and/or bicycle/pedestrian paths.

D.

Operational Standards: Such facilities shall conform to the following operational standards except for athletic tournaments, festivals, or other special instances as determined by the Administrator:

1.

Lights and outdoor speaker systems shall not be operated during the hours of 10:00 p.m. and 6:00 a.m.

2.

Facility usage is limited to indoor activities between the hours of 10:00 p.m. and 6:00 a.m.

3.

No equipment, machinery, or mechanical device of any kind may be operated within 200 feet of any residentially zoned property except as needed for the routine maintenance of the grounds or facility.

3.6.4 PUBLIC SAFETY STATION (ALL DISTRICTS)

A.

Buffers: A buffer measuring 30 feet in width shall be provided adjacent to any residential zoning district or use. The buffer shall be planted according to the standards for a Type A buffer in Chapter 8 of this Ordinance.

B.

Driveway Width: Public safety stations shall be exempt from the maximum driveway widths in Chapter 9 of this Ordinance.

3.6.5 RELIGIOUS INSTITUTION (ALL DISTRICTS)

A.

Buffers: Religious Institutions shall be buffered from adjoining residential uses with a Type A Buffer as defined in Chapter 8 of this Ordinance.

3.6.6 SPORTS ARENA/STADIUM (OI, HI)

A.

As indicated in the Permitted Use Table, Sports Arenas are permitted with a Conditional Use Permit in the OI and HI zoning district.

B.

Access: Primary access to all Sports Arenas/Stadiums shall be to a collector or higher order street, as defined in Chapter 6 of this Ordinance.

C.

Buffering: Sports Arena/Stadium uses shall be screened from adjacent residential dwellings, or residentially zoned property, by a 100' buffer meeting the standards of a Type A buffer as defined in Chapter 8 of this Ordinance.

D.

Operational Standards:

1.

Lighting and loudspeaker systems shall not be operated between the hours of 10:00 p.m. and 6:00 a.m. unless special permission is received from the Administrator.

2.

Facility usage is limited to indoor activities between the hours of 10:00 a.m. and 6:00 a.m. unless special permission is received from the Administrator.

3.

No equipment, machinery, or mechanical device of any kind may be operated within 200 feet of any residentially zoned property except as needed for the routine maintenance of the grounds or facility.

3.7.1 ADULT/CHILD DAY CARE HOME (8 PERSONS OR LESS) (RD, GR3, GR5, GR10, MHP)

A.

Compliance with State Requirements: Adult/Child Day Care Homes shall meet the certification requirements of the North Carolina Department of Health and Human Services "Adult Day Care and Day Health Services Standards Certification" and/or the "Family Child Care Home Regulations." Such uses shall provide an organized program of services during the day in a community group setting.

B.

Location: Adult/Child Day Care Homes shall be permitted only in a private residence occupied by the authorized operator.

C.

Separation Requirement: All Adult/Child Day Care Homes shall be located at least 500 feet from another Adult/Child Care Home.

3.7.2 CORRECTIONAL INSTITUTION (HI)

A.

As indicated in the Permitted Use Table, Correctional Institutions are permitted with a Conditional Use Permit in the HI zoning district.

B.

Buffering: Correctional Institutions shall be buffered from adjoining properties with a 100' buffer meeting the standards of a Type A Buffer as defined in Chapter 8 of this Ordinance.

3.7.3 HALFWAY HOUSES (OI)

A.

As indicated in the Permitted Use Table, Halfway Houses are permitted with a Conditional Use Permit in the OI Zoning district.

B.

Separation: No such use shall be located within ½ mile (2,640 feet) of a Family Care Home, Residential Care Facility, or other such use measured as a straight line on a map.

3.7.4 HOSPITAL (OI, CBD, NB, HB)

A.

Access: Primary access to Hospitals shall be to a collector or higher order street, as defined in Chapter 6 of this Ordinance.

3.7.5 SCHOOLS—ELEMENTARY & SECONDARY (RD, GR3, GR5, GR10, MHP, OI, CBD, NB, HB)

A.

Athletic Fields: Athletic fields and vehicle accommodation areas must be buffered from adjacent residentially-zoned property with a Type B buffer as defined in Chapter 8 of this Ordinance.

B.

Connectivity: Connectivity (vehicular and pedestrian) to surrounding residential areas is required. Where a full vehicular connection is impractical, a multi-use trail connection shall be provided.

C.

Traffic Impact Analysis: Any School - Elementary & Secondary, designed to serve more than 50 students, shall be required to conduct a Traffic Impact Analysis as set forth in Chapter 6 of this Ordinance.

3.8.1 DRIVE-IN THEATER (RD, HB, LI, HI)

A.

Buffering/Location:

1.

Drive-in theaters shall be buffered from adjoining residential uses with a Type A buffer as set from in Chapter 8 of this Ordinance.

2.

The performance/screen and audience areas shall be located a minimum of 50 feet from any adjacent residentially zoned property.

B.

Operational Standards: Lights and loud speaker systems shall not be operated between the hours of midnight and 8:00 a.m.

3.8.2 DRIVE-THRU/DRIVE-IN FACILITY (OI)

A.

Location: Such facilities shall be located behind any façade of a building facing a public street.

B.

Circulation: Vehicle stacking/storage areas for drive-thru uses shall be located outside of and physically separated from the right-of-way of any street and shall not cause interruption of any public sidewalk or bicycle facility.

3.8.3 GAS/FUELING STATION (OI, NB, CBD)

A.

Canopies/Pumps:

1.

Must be located to the side or rear of the principal building. In no circumstances may these facilities be located between the principal building and a public street, unless if the lot has frontage on two or more public streets.

2.

Pump canopies must be located at least 50 feet from any interior side or rear property line that adjoins a property zoned or used for residential purposes. Pump canopies must be at least 25 feet from any public rights-of-way.

3.

Must be buffered from adjoining property zoned or used for residential purposes with a Type B Buffer as defined in Chapter 8 of this Ordinance.

4.

The maximum number of pumps permitted at a single gas/fueling station shall be 12.

B.

Principal Buildings: A conforming principal building is required and shall be a minimum of 1,500 square feet.

3.8.4 MAJOR VEHICLE MAINTENANCE/REPAIR (HB, LI, HI)

A.

Outdoor Vehicle Storage: No outdoor storage of junk vehicles or parts shall be permitted unless outdoor storage is permitted in the zoning district in which the property is located. If permitted, a permit for the outdoor storage is required.

B.

Vehicle Bays: Vehicle bays which are not perpendicular to the street must be screened from direct view with a hedge row or other landscaping. Bays facing the street must also incorporate awnings, windows, and other articulations sufficient to reduce the impact of the repair bays on the street.

C.

Repair Work: All repair work shall be conducted entirely within an enclosed structure.

D.

Screening: Vehicle Services - Major Repair Body Works uses shall be screened from adjacent residential dwellings, or residentially zoned property, by a 20-foot buffer meeting the standards of a Type A buffer as defined in Chapter 8 of this Ordinance.

3.8.5 MINOR VEHICLE MAINTENANCE/REPAIR (CBD, HB, LI, HI)

A.

Outdoor Vehicle Storage: No outdoor storage of junk vehicles or parts shall be permitted unless outdoor storage is permitted in the zoning district in which the property is located. If permitted, a permit for the outdoor storage is required.

B.

Car Wash Facilities: Car Wash facilities are considered a Minor Vehicle Maintenance and Repair Use and are permitted in the CBD district. No other Minor Vehicle Maintenance or Repair use is permitted in the CBD district.

C.

Vehicle Bays: Vehicle bays which are not perpendicular to the street must be screened from direct view with a hedge row or other landscaping. Bays facing the street must also incorporate awnings, windows, and other articulations sufficient to reduce the impact of the repair bays on the street.

D.

Repair Work: All repair work shall be conducted entirely within an enclosed structure.

E.

Screening: Vehicle Services - Minor Maintenance/Repair uses shall be screened from adjacent residential dwellings, or residentially zoned property, by a 20-foot buffer meeting the standards of a Type A buffer as defined in Chapter 8 of this Ordinance.

3.9.1 EXCAVATION/MINING (HI)

A.

As indicated in the Permitted Use Table, Excavation/Mining uses are permitted with a Conditional Use Permit in the HI zoning district.

B.

Area: The area for which the state or federal permit is granted must be greater than 10 acres.

C.

Purpose: Mining shall be on an industrial extraction basis only and shall not be permitted by hobbyists or others not engaged in the mineral extraction business.

D.

Setback: The edges of the extraction/mining operation shall be at least 100 feet from all property lines and at least 150 feet from any residence.

E.

Blasting: All blasting operations shall be conducted between the hours of 8:00 a.m. and 5:00 p.m.

F.

Stream Pollution: The extractive or processing operations shall not be permitted to produce effluent or discharge which discolors, muddies up, or otherwise pollutes any stream or watercourse.

G.

Stream Flow: No extractive use or processing shall impede the normal flow of any stream or watercourse.

H.

Fencing: If determined necessary by the Administrator, all areas being excavated shall be enclosed with a cyclone-type fence no less than 6 feet in height. When required, this fence shall be located no less than 10 feet from the perimeter of the excavation site.

I.

Rehabilitation Plan: A rehabilitation plan for each extractive use site shall be approved by the Board of Adjustment prior to the issuance of a Conditional Use Permit. The rehabilitation plan shall include, but not be limited to, the following elements:

1.

Plans for the continual transformation of extractive areas to gently rolling surface topography as each portion of the extractive site is discontinued and operations are moved to new portions of the site. Slope in such areas of discontinued operations shall not exceed 15% grade except in areas where rock or other conditions would cause the creation of slopes that would be an extreme burden or hardship. In no case shall any surface slope have a grade in excess of 50% where operations have terminated.

2.

All buildings, structures, equipment, and stockpiles shall be removed from areas of discontinued extractive operations.

3.

All areas of discontinued extractive operations shall be covered with a soil of a type which will support the growth of vegetation, and shall be planted with grasses, legumes, trees, and other planting in such a way as to minimize wind and water erosion in such areas where the Board of Adjustment shall determine such covering to be practical.

4.

The rehabilitation plan shall include estimates of any and all costs necessary to carry it out. Said cost estimates including those covering modifications of the rehabilitation plan which the Board of Adjustment may require, shall be certified by a civil engineer licensed to practice in the State of North Carolina or author authority acceptable to the Board of Adjustment.

5.

A performance bond in the amount of the estimated costs of the rehabilitation plan shall be posted with the Administrator to insure the improvements in the plan. Portions of the performance bond may be released by the Administrator upon satisfactory evidence that portions of the work called for in the plan have been completed.

J.

Permitting: If at any time the state and/or federal agencies revoke any of the required permits issued for the mining operation, said revocation shall cause any existing Town permits or approvals to become null and void.

3.9.2 HEAVY INDUSTRY (HI)

A.

As indicated in the Permitted Use Table, Heavy Industry uses are permitted with a Conditional Use Permit in the HI zoning district.

B.

Location: All such uses must be located a minimum of 500 feet from the GR3, GR5, and GR10 zoning districts and any parallel conditional district.

C.

Environmental Hazards: All establishments shall be maintained so as to not create environmental hazards (such as oil or gas leaks and spills) that pose a threat to ground or surface water quality, air quality, wildlife, or humans.

D.

Vehicular Access: Vehicular access to the site shall be provided on a thoroughfare of suitable capacity as determined by the Administrator and/or any required Traffic Impact Analysis.

3.9.3 JUNKYARD (HI)

A.

As indicated in the Permitted Use Table, Junkyards are permitted with a Conditional Use Permit in the HI zoning district.

B.

Parcel Size: The minimum site area for junkyards shall be 2 acres.

C.

Separation Requirements: All junkyard uses must be located a minimum distance of 1,000 feet from any property located in a residential zoning district or property used for residential purposes.

D.

Location: No such facilities shall be located in a designated water supply watershed, special flood hazard area, wetland area, or block a natural drainage way so that water is impounded.

E.

Screening: A Type A buffer shall be required along all property lines and public rights-of-way. Existing vegetation may be included in the computation of required plantings with approval of the Administrator. A chain link security fence. a minimum of 6 feet in height, must be placed within the required Type A buffer.

F.

Reclamation Plan: Applicant shall file in the office of the Register of Deeds, prior to the issuance of a Certificate of Occupancy, a reclamation plan for the reuse of the site. Such plan shall indicate that the applicant, or other entity approved by the Town Council, shall remain the owner and be liable for the site in perpetuity or until Council approval is given to release this requirement.

3.9.4 LANDFILL (HI)

A.

As indicated in the Permitted Use Table, Landfills are permitted with a Conditional Use Permit in the HI zoning district.

B.

Exemptions: These requirements shall not apply to the following uses or activities:

1.

Landfills classified as Land Clearing and Inert Debris (LCID) facilities operated in associated with an active building permit on the same or adjacent parcel.

2.

Beneficial fill activities as defined in 15A NCAC 13B.0562.

C.

Minimum Size: The minimum site size for solid waste landfills shall be 50 acres. The minimum site size for sites used only for the storage of scrap metals, junk vehicles, and other salvage materials shall be 2 acres.

D.

Separation Requirements: All landfill uses must be located a minimum of 1,000 feet from residentially or form-based zoned properties.

E.

Location: No such facilities shall be located in a designated water supply watershed, Conditional flood hazard area, wetland area, or block a natural drainageway so that water is impounded.

F.

Screening:

1.

Landfills shall be screened from all adjacent properties with a 100-foot buffer meeting the standards of a Type A Buffer as defined in Chapter 8 of this Ordinance.

2.

A security fence, a minimum of 6 feet in height, shall enclose the entire site. This fence must be placed within the Type A Buffer area.

G.

Vehicular Access: Vehicular access to the site shall be provided on a major or minor thoroughfare.

H.

Reclamation Plan: Applicant shall file in the office of the Register of Deeds, prior to the issuance of a Certificate of Occupancy, a reclamation plan for the reuse of the site. Such plans shall indicate that the applicant, or other entity, shall remain the owner and be liable for the site forever, or until Town Council approval is given to release this requirement.

I.

Burning Prohibited: No waste, junk, scrap materials, or vehicles shall be burned on the premises.

3.9.5 SELF SERVICE/MINI-STORAGE (HB)

A.

Unit Entrances: Separate entrances to individual storage units from outside the building are not permitted.

B.

Buffering: Such facilities must be buffered from adjacent properties with a Type A buffer in accordance with the standards in Chapter 8 of this Ordinance.

3.10.1 BACKYARD CHICKEN PENS/COOPS (GR3, GR5, GR10, MHP, OI)

A.

Hens Only: Unless the subject property is also occupied by a use classified as Animal Production, no person may keep roosters on residential property.

B.

Number of Hens: No more than 8 hens are allowed per lot regardless of the number of dwelling units.

C.

Coop and Run Standards:

1.

A coop is a roofed housing structure where hens are kept. The coop must have an indoor area where chickens sleep, perch, nest, and lay eggs. The coop should also provide protection from weather and predators.

2.

Runs shall also be provided. Runs must be part of the enclosed coop structure in the GR5, GR10, O&I, CBD, RMU, NMU, and CMU zoning districts.

3.

The coop and run must include a minimum of 10 square feet per chicken to be housed.

4.

The coop and run must meet the accessory structure setback standards of the district in which the property is located.

3.10.2 OUTDOOR KENNELS (RD, LI, HI)

A.

As indicated in the Permitted Use Table, Outdoor Kennels are permitted with a Conditional Use Permit in the RD, LI, and HI zoning district.

B.

General Standards:

1.

Any building or pen housing animals shall be located a minimum of 150 feet from any residential use or residentially zoned property.

2.

Areas used for exercising or training of animals shall be securely fenced to prevent animals from straying off property.

C.

Disposal of Waste:

1.

All animal refuse and food shall be kept in airtight containers and disposed of on a regular basis.

2.

Animal waste shall not be stored within 150 feet of any property line or surface waters unless located indoors.

D.

Buffering: A Type A Buffer, as defined in Chapter 8 of this Ordinance, is required along property lines shared with residential uses or residentially zoned property.

3.10.3 PRODUCE STANDS (RD, GR3, GR5, GR10, MHP, OI, CBD, NB)

A.

Duration: Produce stands shall be permitted by the Administrator to operate on an individual period of time not to exceed 90 consecutive days and no more than 2 events per calendar year. Approval of a site plan for the development of a parcel for the use as a produce stand will allow for the permanent location of the use.

B.

Hours of Operation: Hours of operation shall be limited to 6:00 a.m. - 10:00 p.m.

3.10.4 SWINE FARMS (RD, HI)

A.

As indicated in the Permitted Use Table, Swine Farms are permitted with a Conditional Use Permit in the RD and HI zoning districts.

B.

Size: A minimum of 10,000 square feet per animal raised is required.

C.

Minimum Setbacks: Minimum setbacks for waste lagoons or any other area where animal waste is collected shall be as follows:

1.

2,500 feet from schools, hospitals, or churches;

2.

1,500 feet from the nearest residential dwelling unit;

3.

100 feet from perennial streams;

4.

100 feet from property boundaries;

5.

100 feet from wells for drinking water or irrigation and septic tanks.

D.

Floodplains: Waste lagoons shall not be permitted within areas shown as Special Flood Hazard Areas on the most recently adopted Federal Emergency Management Agency Flood Insurance Rate Map.

3.11.1 AIRPORT/AIRSTRIP (RD, LI, HI)

A.

As indicated in the Permitted Use Table, Airport/Airstrips are permitted with a Conditional Use Permit in the RD, LI, and HI zoning districts.

B.

Screening: Hangars or open storage shall be screened with a Type B Buffer, as defined in Chapter 8 of this Ordinance, from all property lines, except those properties within the LI and HI zoning districts.

C.

Noise: No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property.

D.

Hours of Operation: Hours of operation shall be limited to 6:00 a.m. - 10:00 p.m.

3.11.2 CLASS 2 UTILITY (ALL DISTRICTS)

A.

Screening: A 40-foot buffer meeting the standards of a Type A Buffer, as defined in Chapter 8 of this Ordinance, shall be provided along all property boundaries.

B.

Ground-Mounted Solar Systems: Ground-mounted solar systems are considered a Class 2 Utility and, as such, are permitted with a Conditional Use Permit in all zoning districts, subject to the following standards:

1.

Location: All ground-mounted solar panels in residential districts shall be installed in the side or rear yard.

2.

Setbacks: Ground-mounted solar panels are subject to the setback requirements in the underlying zoning district.

3.

Height: Ground-mounted solar panels are restricted to the following heights, based on their setback from the nearest adjacent property line:

3.11.3 CLASS 3 UTILITY (HB, LI, HI)

A.

As indicated in the Permitted Use Table, Class 3 Utilities are permitted with a Conditional Use Permit in the HB, LI, and HI zoning districts.

B.

Parcel Size: Class 3 Utilities shall be located on parcels of land that are 5 acres or greater in size.

C.

Minimum Setbacks: Minimum setbacks for Class 3 Utilities shall be as follows:

1.

1,500 feet from the nearest residential dwelling unit;

2.

100 feet from perennial streams;

3.

100 feet from property boundaries;

4.

100 feet from wells for drinking water or irrigation and septic tank.

D.

Large-Scale Solar Systems (Solar Farms): Large-scale solar systems, also referred to as solar farms, are considered a Class 3 Utility and, as such, are permitted with a Conditional Use Permit in the HB, LI, and HI zoning districts, subject to the following standards:

1.

Height/Setback: Large-scale solar systems shall adhere to the height and setback requirements of the underlying zoning district in which the property is located. Additional restrictions may be imposed as part of the approval of a Conditional Use Permit.

2.

Lot Size: Large-scale solar systems shall be located on parcels of land that are 25 acres or greater in size.

3.

Fencing: All large-scale solar systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall place placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined as part of the Conditional Use Permit review process.

4.

Electrical Lines Underground: On-site electrical interconnection and distribution lines shall be placed underground, unless otherwise required by the utility provider and approved by the Administrator.

5.

Removal of Vegetation: The removal of existing vegetation is limited to the extent necessary for the construction and maintenance of the solar farm installation.

3.11.4 WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER) AND WIRELESS TELECOMMUNICATIONS FACILITY (ALL DISTRICTS)

A.

Purpose and Legislative Intent: The Town of Tarboro finds that Wireless Telecommunications Facilities (WTF) may pose significant concerns to the health, safety, public welfare, character and environment of the Town and its inhabitants. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and significant benefit to the Town and its residents. In order to ensure that the placement, construction, or modification of WTFs is consistent with the Town's Land Use Policies, the Town is adopting a single, comprehensive, WTF application and permit process. The intent of this section is to minimize the impact of WTFs, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety, and welfare of the Town. The Town hereby adopts the following policies and related procedures with respect to the submittal, review, approval, and issuance of permits or administratively granted authority for WTFs for the express purpose of achieving the policies and goals set forth herein.

B.

Permit Required:

1.

If it is determined that telecommunications providers cannot: 1) provide an adequate service level from co-locating on an existing telecommunications tower, 2) locate on an existing electrical transmission tower or similar structure, or 3) locate camouflaged stealth antennae equipment on, within, or attached to an existing structure, then new telecommunications towers and equipment facilities will be allowed with the approval of a Conditional Use Permit in all zoning districts.

2.

For providers that co-locate their antennae and equipment facilities on Town-owned property (such as water tanks/towers), on electrical transmission facilities, or on existing towers, the use shall be permitted by-right in all zoning districts, subject to the standards within this Section.

3.

Distributed Antenna Systems (DAS) or Small Cell facilities are permitted by-right in all zoning district subject to the standards within this Section.

C.

Exemptions: This section shall regulate all communications broadcasting, towers, support structures, antennas, broadcast receiving facilities and equipment, and any combination thereof, except for the following:

1.

Television sets;

2.

AM and FM radio receivers;

3.

Amateur (HAM) radio receivers and transmitters;

4.

Citizen Band (CB) radio receivers and transmitters, cellular telephones, pagers, and similar personal communication devices.

D.

Design:

1.

Within all zoning districts, WTFs shall be of a monopole design and construction.

2.

It is the intent of the Town to encourage co-locate facilities in an effort to reduce the number of telecommunications towers. New communications towers shall be capable of supporting up to three additional communications antennas, in addition to the first communications antenna array. Providers shall negotiate in good faith with other providers to lease space at a reasonable cost and for reasonable terms, and to publicize that space is available on a lease basis as part of the permit process.

3.

The maximum allowable height of a new tower is the minimum height necessary to provide the intended service, including lighting, lightning rods, or any appendage in RA-40, RA-20, R-20, R-8, R-6, R-4, MHP, RMU, HB, LI, and HI. The height of the tower or structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the structure.

4.

Any planned increase in tower height to an existing approved telecommunication tower located within RA-40, RA-20, R-20, R- 8, R-6, R-4, MHP, RMU, HB, LI, and HI can occur with approval of a Conditional Use Permit, up to 20 feet, of each occurrence. Similarly, normal maintenance and repair of the structure can be completed without the issuance of a new permit. Planned height increases for towers which were constructed prior to the adoption of these regulations, and located RA-40, RA-20, R-20, R-8, R-6, R-4, MHP, RMU, HB, LI, and HI, shall be required to apply for the permits required by this Ordinance.

5.

Where a telecommunication tower is located on a lot with an existing principal use, the tower shall be located in the rear yard only. In addition, a recorded easement for an access road and utilities at least 20 feet wide shall be maintained by the property owner and/or the applicant from a public street to the tower for use by service and emergency vehicles. Minimum access road shall be at least 12 wide with a gravel surface.

6.

Telecommunications antennae which can be placed in or on an existing structure or telecommunications towers which can be camouflaged to resemble a tree or to otherwise blend in with the surrounding area are encouraged. Towers located in stands of trees are encouraged over those located in open fields.

7.

In non-residential districts (B-1, B-2, B-3, B-6, TC, and UMU), only stealth towers are permitted on roofs or walls with an approved permit after submittal of a report by a qualified and licensed professional engineer indicating the existing structure's suitability to accept the antenna, and the proposed method of affixing the antennae to the support structure. Complete details of all fixtures and couplings, and the precise point of attachment, shall be indicated. Stealth towers on roofs may be allowed given the tower height: 1) does not exceed more than 30% of the height of the buildings, or 2) is no more than 50 feet above the building/structure, whichever is less. Stealth towers on roofs or walls shall be screened, constructed, and/or colored to match the structure to which they are attached.

8.

All accessory structures on the ground which contain switching equipment or other related equipment shall be architecturally compatible with other buildings and land uses in the zoning district, or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. The means structures with pitched roofs, made of local construction materials, such as brick, wood, stone, or vinyl lapped siding.

9.

Freestanding telecommunications towers should be located to avoid a dominant silhouette on ridges or in open fields.

10.

Towers shall not restrict or interfere with air traffic or air travel to and from any existing or proposed public or private airport. All proposed towers shall comply with FAA standards.

E.

Radio Frequency: The Town recognizes that a telecommunications facility cannot be prohibited, nor can a Conditional Use Permit be denied, on the basis of environmental or health concerns relating to the radio emissions if the telecommunications equipment and facility complies with the Federal Radio Frequency Emission Standards (FRFES). The Town requires that each applicant for a permit must provide documentation proving that their telecommunications equipment complies with the FRFES.

F.

Security: A minimum 8-foot high chain link fence is required around the telecommunications tower and any equipment buildings. Barbed wire shall be place along the top of the fence and access to the tower area and equipment shall be through a locked gate. The Administrator may waive fencing requirements for stealth towers and other types of structures if the fencing serves no useful purpose.

G.

Screening:

1.

Landscape screening shall be required along the outside area of the perimeter fenced area to mitigate the visual impacts of the tower and equipment buildings from nearby viewers. Landscape screen shall meet the standards of a Type A Buffer, as defined in Chapter 8 of this Ordinance.

2.

Where no equipment shelters, cabinets, or other structures will be located on the property, landscaping shall still be provided around the base of the tower. The landscape screen shall meet the standards of a Type A Buffer, as defined in Chapter 8 of this Ordinance.

3.

Screening requirements shall not apply to telecommunications providers who use a camouflage tower or antennas within another structure, or providers who co-locate on an existing tower. Similarly, no screening requirements will apply when an antenna is located on a water tower/tank or similar structure.

4.

The Administrator may waive any or all of the screening requirements upon determining that the existing topography or existing natural materials on site will screen the property as effectively as the required screening, provided that the spirit and intent of this subsection are met. The Administrator may also waive screening on those sides of the proposed tower that are located adjacent to undevelopable property. Such a waiver may not be sought to relieve the screening requirement for towers to be located adjacent to vacant properties or along any public right-of-way.

H.

Setbacks:

1.

Minimum setbacks for free-standing towers shall be based on the zoning district in which the property is located.

2.

For the purposes of establishing setbacks, the measurements shall be from the edge of the concrete base on which the tower is located to the property line unless the tower is located in a leased area. Setbacks for towers located on leased parcels shall be measured from the edge of the concrete base on which the tower is located to the edge of the parcel in which the lease area is located. Minimum setback requirements may be reduced by the Town Council to allow the integration of a tower into an existing or proposed structure such as a steeple, lighting poles, power line support device, or similar structure.

3.

All towers shall be a minimum of 300 feet from the nearest residential dwelling unit, with the exception of any existing residential structure located on the same lot as the tower, at the time of application.

4.

Telecommunications providers who are leasing a portion of a lot for the proposed telecommunications tower shall obtain a signed certification from the property owner that no future development of subdivision or leased portions will be made within the established setbacks of the telecommunication tower until such tower is removed from the site. This does not apply to telecommunication providers seeking to co-locate on an existing tower.

I.

Operation and Removal:

1.

Towers and related facilities must be removed by the applicant and/or property owner upon abandonment of the tower for a period of 90 consecutive days. A tower is considered abandoned when it is no longer used for its original intent. Such removal shall take place within six months of the first day the tower was abandoned and be completed within the same six-month period.

2.

The owner of each telecommunications tower must certify to the Administrator the operational status of each antenna located on an approved tower.

3.

Speculative telecommunications towers, that do not have a committed wireless carrier or carriers to locate on the towers, are not permitted.

J.

Lighting: Towers having a height of 199.9 feet or less shall not contain lights or fixtures at a height exceeding 15 feet unless so directed by the Federal Aviation Administration (FAA). Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce glare on adjacent properties. It is recognized that towers over 200 feet in height require night lighting per FAA regulations.

K.

Co-Location:

1.

Placement of additional antenna by a co-locater onto an existing telecommunications tower shall be permitted by-right provided that the tower height is not increased. If the co-locator or owner of the tower proposed to increase the height in RA-40, RA-20, R-20, R-8, R-6, R-4, MHP, RMU, HB, LI, and HI, the co-locator or owner shall submit an application for a new Conditional Use Permit.

2.

Co-location applicants also must comply with any applicable requirements of an approved Conditional Use Permit.

3.

Placement of antenna and equipment buildings on Town-owned water tanks/towers, or electrical transmission lines, or on any tower which has not received a permit from the Town requires the provider to apply for a zoning permit. Authorization from the owner of the supporting device is required documentation.

L.

Signage: Freestanding signs are prohibited. Wall signs shall be limited to: 1) identification signage allowed on equipment structures or fences surrounding the telecommunications tower/structure provided it does not exceed 9 square feet in size; and 2) "No Trespassing" signs, "Danger—High Voltage" signs, and other similar warning signs shall be installed to discourage trespassing by unauthorized persons. Signs shall be installed on the perimeter fence or on the tower at its base.

M.

Outdoor Storage: Outdoor storage of equipment or related items is prohibited, which the exception of equipment enclosed within sheds, cabinets, or other such structures.

N.

Staffing: Associated telecommunications equipment buildings shall be unmanned. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

O.

Application Requirements: All applications for telecommunications towers must include the following information, in addition to any other applicable information required by this Ordinance:

1.

Identification of the intended provider(s).

2.

Documentation of a registered engineer that the tower has sufficient structural integrity to accommodate up to four wireless carriers.

3.

A statement about the general capacity of the tower in terms of the number of additional providers, or co-locaters, it is designed to accommodate.

4.

A statement from the provider indicating intent to allow shared use of the tower and how others will be accommodated, if applicable.

5.

Documentation that all property owners of residentially zoned property within 300 feet of the edge of all sides of the property, as wells as adjacent property owners, have been notified by the applicant of the proposed tower height and design.

6.

Documentation that the telecommunications equipment complies with the FRFES.

7.

A site plan, drawn to scale, identifying the site boundaries, tower, existing and proposed structures, including equipment buildings, access, fencing, fall radius, and landscape screening. A site plan is not needed for providers who are seeking to co-locate on an existing tower when the equipment building is to be located within and existing fenced areas and the tower height is not increased.

8.

Documentation of monopole tower collapse area, if applicable.

9.

Documentation that a monopole tower is not available for the proposed height and that a lattice-type tower is required.

10.

Expert testimony that demonstrates to the satisfaction of the Administrator that the provider has explored all co-location opportunities and stealth tower locations. Evidence may consist of the following:

a.

Existing or approved telecommunications towers with available co-location space are not located within the search area.

b.

Existing or approved towers or structures are not of sufficient height to meet the provider's specifications.

c.

Existing or approved towers or structures do not have sufficient structural strength to support the applicant's propose antenna, and documentation that the existing tower cannot be structurally strengthened to accommodate an additional user.

d.

The provider's proposed antenna would cause objectionable radio frequency interference with existing or planned antenna on an existing or planned tower.

e.

Existing or approved towers lack co-location space.