Walkertown City Zoning Code
ARTICLE II
Zoning Districts, Official Zoning Maps and Uses
2-1 - ZONING DISTRICTS
2-1.1 ZONING DISTRICTS ESTABLISHED
(A)
Jurisdiction .....All the area within the zoning jurisdiction of the adopting jurisdiction is hereby divided into zoning districts within which the use of land and water areas, the location, height, bulk and use of structures, the provision of parking and loading areas, and other development requirements are regulated as herein provided.
(B)
Designated Districts .....General use districts, special use limited districts (indicated on official zoning maps with the District-L designation), special use districts (indicated on official zoning maps with the District-S designation), overlay and special purpose districts, with the symbol designations, general purposes, and other requirements as cited herein, are hereby created.
(C)
Special Use Districts .....The special use districts are established as companion districts to the general use districts, except for the MU-S District. References in this Ordinance to a general use district shall be construed to also include the corresponding special use district. Each special use district is intended to accomplish the purposes of the corresponding general use district through the development of identified uses at a specific location in accordance with a site plan acceptable to the Elected Body. All regulations which apply to a general use district also apply to the corresponding special use district. Additional reasonable site plan conditions which may be required by the Elected Body and agreed to by the petitioner as part of the rezoning process also apply.
(D)
Special Use Limited Districts .....The special use limited districts are established as companion districts to the general use districts. References in this Ordinance to a general use district shall be construed to also include the corresponding special use limited district. Each special use limited district is intended to accomplish the purposes of the corresponding general use district through the development of minimal conditions created to ensure compatibility between the development and the surrounding neighborhood. All regulations which apply to a general use district also apply to the corresponding special use limited district. Additional reasonable conditions which may be required by the Elected Body and agreed to by the petitioner as part of the rezoning process also apply. All conditions in special use limited zoning districts must be clearly expressed in written form without the aid of any supporting graphics. Special use limited zoning is not intended to be a substitute for special use zoning, which requires a detailed site plan and is also accompanied by development conditions.
(E)
Purpose Statements .....District purpose statements in this section refer only to general objectives for each zoning district.
(F)
Dimensional Requirements .....The general dimensional requirements for each zoning district cited in this section are subject to additional provisions as noted in Section B.3-1.
(G)
Growth Management Plan .....The Growth Management Plan of Legacy seeks to guide future development patterns in the community to provide services in a cost effective and efficient manner; allow for urban, suburban, and rural life styles; and preserve environmental and cultural resources. The Growth Management Plan divides the county into five (5) growth management areas as follows:
(1)
City/Town Centers (GMA 1);
(2)
Urban Neighborhoods (GMA 2);
(3)
Suburban Neighborhoods (GMA 3);
(4)
Future Growth (GMA 4); and
(5)
Rural Area (GMA 5).
Goals are identified in Legacy for each of these areas. Zoning districts established by this Ordinance have been designed, in part, to achieve the goals of the growth management areas. Copies of Legacy are available in the office of the Planning Board.
(WA-UDO-7, § 1, 11-29-07)
2-1.2 RESIDENTIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS
The following residential zoning districts are established. For Single Family Districts (RS), the suffix number multiplied by one thousand (1,000) indicates the minimum lot size in square feet. For Multifamily Districts (RM), the suffix number indicates the maximum number of dwelling units per acre. [For example, RS-40 requires a minimum lot size of forty thousand (40,000) square feet for a single family dwelling, while RM-8 allows multifamily development at a density of up to eight (8) units per acre.]
Table B.2.1
Residential Zoning Districts
Each residential district is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, protected from incompatible and disruptive activities which more properly belong in nonresidential districts. The districts are also intended to assist the community in meeting the growth management goals of Legacy. When a residential rezoning proposal is considered, the Growth Management Plan and the residential land use goals and locational criteria contained in Legacy shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district. Other goals of these residential districts are explained in the remainder of this section.
(A)
YR Yadkin River Conservation District
(1)
Purpose. .....The YR District is intended primarily to protect the community's main water supply, preserve the historic features of this area, and preserve the natural beauty of a continuous conservation corridor along the Yadkin River. This zoning district is the most restrictive, with low density residential development the primary use allowed. Objectives of the district are the following:
(a)
Protection of water supply;
(b)
Maintenance of rural character;
(c)
Protection of sensitive natural, historical, recreational, and visual resources;
(d)
Retention of natural topography and vegetation;
(e)
Control of sedimentation and other nonpoint source pollution; and,
(f)
Support and encouragement of agricultural activities.
(2)
General Dimensional Requirements - YR.
1.
Nonconforming lots in the YR District meeting the provisions of Section B.5-3.2(C) must meet the minimum setback requirements of the RS-20 zoning district.
2.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
3.
Cul-de-sac lots shall be exempt from lot width requirements.
4.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
Supplementary District Requirements.
(a)
Boundaries. .....The boundaries of the YR District are defined as a corridor a minimum of two thousand (2,000) feet from the eastern edge of the river channel and including all flood-prone areas up to three thousand (3,000) feet from the edge of the river.
(b)
Development Standards.
(i)
Minimum Lot Size. .....A minimum lot size of three (3) acres shall be required, except for sites developed as planned residential developments. The overall density of a planned residential development may exceed one unit per three (3) acres if a density bonus is received as set forth in the use conditions for planned residential developments in Section B.2-5.58. However, density for planned residential developments shall not exceed two (2) units per acre in developable areas not restricted by floodplain or steep hillsides.
(ii)
Building Setbacks. .....All structures shall be set back at least two hundred (200) feet from the Yadkin River channel, except public utility systems as identified in this section.
(iii)
Stream Buffers. .....To filter pollutants and to trap sediment, undisturbed vegetated buffers shall be maintained along the Yadkin River and along all streams.
[A]
The buffer shall extend horizontally one hundred (100) feet along both sides of the stream channel.
[B]
No land disturbing activity, placement of structures or impervious surface cover, or removal of existing vegetation shall be allowed in the stream buffer, except as permitted under Section B.2-1.2(A)(3)(b)(v).
(iv)
Floodplains. .....No land disturbing activity or placement of structures shall be allowed in the designated floodplains in the YR District except as permitted under Section B.2-1.2(A)(3)(b)(v).
(v)
Uses Permitted in the Stream Buffer and the Floodplain Area. .....The following uses and activities are permitted in YR District stream buffers and floodplains provided the uses and activities are designed to minimize impacts on hydrologic processes, water quality, and wildlife habitat:
[A]
Agricultural uses, except animal feeding operations, with implementation of accepted soil conservation practices of the Soil Conservation Service;
[B]
Forestry operations undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the North Carolina Department of Environment and Natural Resources (DENR);
[C]
New and replacement utility systems, including, but not limited to, stormwater management facilities; utility holes and sanitary sewer mains; overhead utility lines; water supply intake structures; and, gas, electric, and telephone systems (including on-site systems), where there is no practical alternative to locating the systems within the floodplain or the stream buffer;
[D]
Streets, bridges, railway lines and associated facilities, where there is no practical alternative to locating them within the stream buffer or floodplain;
[E]
Parks, greenways, horseback riding trails, open spaces, and other similar private and public passive recreational uses;
[F]
Activities ordinarily associated with a residence, such as lawns, gardens, play areas, utility service lines, and similar uses; and,
[G]
Ponds, boat docks, ramps, piers, or similar facilities.
(c)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(B)
AG Agricultural District
(1)
Purpose. .....The AG District is primarily intended to accommodate uses of an agricultural nature. The district is also intended to accommodate scattered non-farm residences on large tracts of land, but is not intended for residential subdivisions with small lots. The district is intended for application in GMAs 4 and 5 and is established for the following purposes:
(a)
To preserve the rural character of portions of the county and encourage the continued use of land for agricultural, forest, and open space purposes;
(b)
To discourage scattered commercial and industrial land uses;
(c)
To concentrate urban development in and around existing urbanized areas and proposed activity centers, thereby preventing premature conversion of farmland into urban uses; and,
(d)
To discourage any use which may create premature public infrastructure and service demands.
(2)
General Dimensional Requirements - AG.
1.
Nonconforming lots in the AG District meeting the provisions of Section B.5-3.2(C) must meet the minimum setback requirements of the RS-20 zoning district.
2.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
3.
Cul-de-sac lots shall be exempt from lot width requirements.
4.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(C)
RS-40 Residential Single Family District
(1)
Purpose. .....The RS-40 District is primarily intended to accommodate single family detached dwellings on large lots in areas without access to public water and sewer services. The district is established to promote single family detached residences where environmental features, public service capacities, or soil characteristics necessitate very limited development. This district is intended for application in GMAs 4 and 5 and appropriate protected watershed areas. This district may also be applicable to older, larger lot development in GMAs 2 and 3 developed prior to the effective date of this Ordinance.
(2)
General Dimensional Requirements - RS-40.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(D)
RS-30 Residential Single Family District
(1)
Purpose. .....The RS-30 District is primarily intended to accommodate single family detached dwellings on approximately three-quarter (0.75) acre lots in areas without access to public water and sewer services. This district is intended for application in GMAs 4 and 5. The district may also be applicable to older, larger lot development in GMAs 2, and 3 developed prior to the effective date of this Ordinance.
(2)
General Dimensional Requirements - RS-30.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(E)
RS-20 Residential Single Family District
(1)
Purpose. .....The RS-20 District is primarily intended to accommodate single family detached dwellings in suburban areas and may also be applicable to older, large lot development constructed prior to the effective date of this Ordinance. The district is established to promote orderly development in areas where public water is available. This district is intended for application in GMAs 2, 3, and 4.
(2)
General Dimensional Requirements - RS-20.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(F)
RS-15 Residential Single Family District
(1)
Purpose. .....The RS-15 District is primarily intended to accommodate low to moderate density single family detached dwellings in suburban and urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.
(2)
General Dimensional Requirements - RS-15.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(G)
RS-12 Residential Single Family District
(1)
Purpose. .....The RS-12 District is primarily intended to accommodate moderate density single family detached dwellings in suburban and urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - RS-12.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(H)
RS-9 Residential Single Family District
(1)
Purpose. .....The RS-9 District is primarily intended to accommodate relatively high density single family detached dwellings in urban areas. This district is intended for application in GMAs 2 and 3 and may be suitable in Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - RS-9.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(I)
RS-7 Residential Single Family District
(1)
Purpose. .....The RS-7 District is primarily intended to accommodate high density single family detached dwellings in urban areas. This district is intended for application in GMAs 2 and 3, and may be suitable for GMA 4 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - RS-7.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
One Principal Building per Zoning Lot. .....Only one residential building shall be placed on a zoning lot or lot of record, except as permitted under Section B.2-6.4(C).
(J)
RSQ Residential Single Family Quadraplex District
(1)
Purpose. .....The RSQ District is primarily intended to accommodate predominantly single family areas containing a mixture of single family detached dwellings, duplexes, triplexes, and quadraplexes in urban neighborhoods and in areas with adequate infrastructure to support more intense development. This district is intended for application in GMAs 2 and 3 and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.
(2)
General Dimensional Requirements - RSQ.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
4.
Lot area, lot width and building setbacks for Twin Homes shall be the same as for Duplex in this same chart however the land under units may be sold with no setbacks.
5.
Lot area, lot width and building setbacks for 3 and 4 Unit Town houses shall be the same as for Quadraplex in this same chart however the land under units may be sold with no setbacks.
(3)
Supplementary District Requirements.
(a)
Parking in Side or Rear. All off-street parking shall be provided to the side or rear of the principal building(s) unless the Planning staff determines that, due to lot size, shape or topographic features, some or all parking cannot be placed to the side or rear. All parking shall be set back at least five (5) feet off the property line. The intervening five (5) feet shall be landscaped to meet the type I bufferyard standards of Section B.3-5. The provisions of this section shall not apply to single family dwellings.
(b)
Vehicular Use Landscaping Requirements. Vehicular use landscaping requirements of Section B.3-4.3 must be met for multifamily developments (triplexes or quadraplexes) where parking is provided at the front of the principal building.
(c)
Landscaped Separation From Building. A minimum three (3) foot wide landscaped area shall be provided between any parking area and building wall providing access into the unit(s).
(d)
Bufferyard. The bufferyard requirements for multifamily uses in Section B.3-5 shall not apply.
(e)
Roof Pitch. A roof having a pitch with a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run is required on all buildings.
(f)
Units per lot. Only one principal residential building may be erected or placed on a zoning lot, except that two principal buildings existing on a single zoning lot as of the effective date of the Unified Development Ordinances are considered legal and not nonconforming.
(g)
Conversion. Conversion of any existing residential building to accommodate more dwelling units must obtain a special use permit from the Board of Adjustment. No exterior alteration which would detract from the single family character of the building shall be permitted. No new stairways to upper floors are permitted on any side of a building which faces a public street.
(h)
Multifamily Use Conditions. Multifamily buildings in the RSQ District do not need to comply with the use conditions for "Residential Buildings, Multifamily" in Section B.2-5.62.
(i)
No residential building in the RSQ District can have more than four (4) dwelling units.
(K)
RM-5 Residential Multifamily District
(1)
Purpose. .....The RM-5 District is primarily intended to accommodate low density, pedestrian-oriented sites and communities containing duplexes, twin homes, multifamily and townhouse residential buildings with three (3) or four (4) units, and similar residential uses at a maximum overall density of five (5) units per acre. This district is intended for GMAs 2 and 3 and may be suitable for GMA 4 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - RM-5.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Buildings must be set back minimum fifteen (15) feet off front, and side street right-of-way
3.
Buildings must be spaced a minimum of fifteen (15) feet from side to side, fifteen (15) feet from side to rear and thirty (30) feet from rear to rear however the land under units may be sold with no setbacks.
4.
Cul-de-sac lots shall be exempt from lot width requirements.
5.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
6.
Buildings must be spaced a of minimum twenty (20) feet from side to side, twenty (20) feet from side to rear and forty (40) feet from rear to rear however the land under units may be sold with no setbacks.
(3)
Supplementary District Requirements. .....No multifamily or other residential buildings exceeding four units will be allowed in the RM-5 district.
(L)
RM-8 Residential Multifamily District
(1)
Purpose. .....The RM-8 District is primarily intended to accommodate duplexes, twin homes, townhouses, multifamily, and other low intensity multifamily uses at a maximum overall density of eight (8) units per acre. This district is appropriate for GMAs 2 and 3 and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services are available.
(2)
General Dimensional Requirements - RM-8.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.
(4)
Three (3) Story Structures. .....Three (3) story structures must be setback a minimum of fifty (50) feet from adjacent properties zoned for single family residential development.
(M)
RM-12 Residential Multifamily District
(1)
Purpose. .....The RM-12 District is primarily intended to accommodate multifamily uses at a maximum overall density of twelve (12) units per acre. This district is appropriate for GMAs 1, 2, and 3 and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - RM-12.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.
(N)
RM-18 Residential Multifamily District
(1)
Purpose. .....The RM-18 District is primarily intended to accommodate multifamily uses at a maximum overall density of eighteen (18) units per acre. This district is appropriate for GMAs 1 and 2 and may be suitable for GMA 3 and Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available and the site has direct access to a minor or major thoroughfare.
(2)
General Dimensional Requirements - RM-18.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.
(O)
RM-U Residential Multifamily District
(1)
Purpose. .....The RM-U District is primarily intended to accommodate multifamily uses at unrestricted densities. This district is appropriate for GMAs 1 and 2 and may be suitable for Metro Activity Centers where public facilities, including public water and sewer, public roads, parks, and other governmental services, are available and the site has direct access to a minor or major thoroughfare.
(2)
General Dimensional Requirements - RM-U.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family, two family, and multifamily residential buildings on small lots must meet the requirements of Table B.3.3.
(P)
MH Manufactured Housing Development District
(1)
Purpose. .....The MH District is primarily intended to accommodate manufactured housing developments with a maximum overall density of five (5) units per acre. This district is intended for application in GMAs 3 where public facilities, including public water and sewer, public roads, parks, and other governmental support services, are available.
(2)
General Dimensional Requirements - MH. .....The general dimensional requirements for a single home on an individual lot in the MH District are given below. The dimensional requirements for manufactured housing developments are contained in the use conditions for manufactured housing developments, Section B.2-5.47.
1.
Where the main entrance to a single family residence is located on a side yard, the setback for the portion of the wall on which the door is located shall be equal to the front yard setback.
2.
Cul-de-sac lots shall be exempt from lot width requirements.
3.
Cul-de-sac lots may measure the front setback from a chord or straight line between front lot corners provided it does not decrease the front yard setback from the right-of-way of the cul-de-sac or turnaround more than ten (10) feet from the requirements of the zoning district in which the lot is located.
(WA-UDO-7, § 1, 11-29-07; Ord. of 6-24-21)
2-1.3 COMMERCIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS
The following commercial districts are established:
Table B.2.2
Commercial Zoning Districts
The purposes of establishing these commercial districts are to provide areas which accommodate the establishment and operation of business and office uses and to assist the community in meeting the growth management goals of Legacy. When a commercial rezoning proposal is considered, the Growth Management Plan and the commercial, office, and industrial land use goals and recommendations contained in Legacy shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.
(A)
NO Neighborhood Office District
(1)
Purpose. .....The NO District is primarily intended to accommodate very low intensity office uses within converted single family detached units. The district is intended to be located on the periphery of established residential areas, along major and minor thoroughfares. The district is established to provide convenient locations for offices, the size and operating characteristics of which require limited parking and which generate little traffic. Standards are designed so that this district may serve as a transitional land use between residential districts and commercial districts. This district is intended for application in GMAs 2, 3 and 4.
(2)
General Dimensional Requirements - NO.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family residences, duplexes, twin homes and multifamily developments must meet the requirements of Table B.3.4. Other supplemental district requirements are:
(a)
Structures Size. New structures in the NO District shall not exceed four thousand (4,000) square feet in gross floor area.
(b)
Parking Requirements.
(i)
Reductions. Off-street parking requirements contained in Section B.3-3.5(D) are reduced fifteen percent (15%).
(ii)
Location. All off-street parking shall be provided to the rear or to the side of the principal structure with the exception of two (2) parking spaces which may be located in front of the structure. The side parking area may be no closer to the street than the principal structure.
(c)
Landscaping, Bufferyard, and Streetyard Standards. The following landscaping and bufferyard standards apply in the NO District.
(i)
Front Yard. Ten (10) feet of the front yard in the NO District shall be landscaped with plant materials to provide a grassed lawn or other maintained landscaping.
(ii)
Rear Parking. Parking area shall be buffered by a type I bufferyard, as defined in Section B.3-5, adjacent to residentially zoned property.
(iii)
Side Parking. Type I plantings will be provided in the required streetyard. A type II bufferyard, as defined in Section B.3-5, shall be provided if side parking abuts a residentially zoned property.
(d)
Signage. Only one sign per structure will be permitted in NO Districts. This sign may be a ground sign, projecting sign, roof sign, or wall sign. This sign will be limited to eight (8) square feet as defined in Section B.3-2.
(e)
Trash Facilities. Dumpsters shall be enclosed on three (3) sides with walls at least eight (8) feet high and constructed of the same material as the principal building on the zoning lot; the fourth side of the enclosure shall be a permanent gate of wood or other opaque material.
(f)
Exterior Lighting. Exterior lighting on the property shall not be installed at a height of more than eight (8) feet above the finished grade and shall be so shielded as to cast no direct light upon adjacent property.
(g)
Multifamily Residential Development. Multifamily residential development is permitted at a maximum density of four (4) units per acre. Multifamily residential buildings may contain no more than four (4) units per structure.
(B)
LO Limited Office District
(1)
Purpose. .....The LO District is primarily intended to accommodate moderately intense medical, professional, administrative, and government office uses on small to mid-sized sites, in a suburban setting. The district is typically located near the intersection of a collector street or thoroughfare in areas which are otherwise developed with residences. Standards are designed so this district may serve as a transition between residential districts and commercial districts. This district is intended for application in GMAs 2 and 3.
(2)
General Dimensional Requirements - LO.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
(3)
Supplementary District Requirements.
(a)
Structures in the LO District shall not exceed thirty thousand (30,000) square feet in gross floor area.
(b)
Minimum lot sizes for multifamily developments must meet the requirements of Table B.3.4.
(4)
Multifamily Residential Development. .....Multifamily residential development is permitted at a maximum density of twelve (12) units per acre.
(5)
A maximum of five percent (5%) of the gross floor area of development within the LO zoning district may be used for the following uses:
(a)
Food or Drug Store
(b)
Retail Store
(c)
Services, Business A
(d)
Services, Personal
(e)
Restaurant (without drive-through service)
The uses listed above shall be further restricted to the following conditions:
(i)
All non-office uses shall be within the same building as the office development and shall not exceed twenty-five percent (25%) of the gross floor area of said building.
(ii)
All non-office development shall be calculated as a percentage of existing or new office square footage on the same zoning lot.
(iii)
No non-office development shall be occupied until a minimum of seventy-five percent (75%) of office square footage in the building has been built.
(iv)
A maximum of four thousand (4,000) square feet of non-office uses shall be allowed in any single office structure.
(v)
No freestanding signage for non-office uses is permitted.
(vi)
Building signage shall be limited to a maximum of six (6) square feet of copy area and shall not be internally illuminated.
(C)
CPO Corporate Park Office District
(1)
Purpose. .....The CPO District is primarily intended to accommodate office and research and development uses in a planned, campus-like setting compatible with adjacent residential uses. Auxiliary assembly and warehousing activities may be permitted as part of a total project. The district may contain limited commercial uses within employment centers. The district is intended for large sites with direct access to thoroughfares which provide locations for major development in GMAs 1, 2, 3 and 4 and Metro Activity Centers.
(2)
General Dimensional Requirements - CPO.
1.
For outparcels with internal access to the property provided, the minimum lot size is twenty thousand (20,000) square feet; the required minimum lot width is reduced to one hundred (100) feet; and the interior rear and side yard requirements are deleted, except that any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet. Negative access along external roads must be provided and on record.
2.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
3.
Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.
(3)
Supplementary District Requirements.
(a)
Limited Industrial Uses Allowed. Industrial uses permitted in the LI District which are specifically related to the principal use are permitted to a maximum of thirty percent (30%) of the square footage within each building or of the total building square footage of the zoning lot.
(b)
Limited Commercial Uses Allowed. Commercial uses permitted in the LO and LB Districts are limited to a maximum of thirty percent (30%) of the square footage within each building or of the total building square footage of the zoning lot. Noncommercial uses must be developed prior to or concurrent with commercial uses.
(c)
Vehicular Access. Vehicular access onto a major or minor thoroughfare or onto a road improved to necessary standards as determined by the Director of Public Works for the City of Winston-Salem or the North Carolina Department of Transportation.
(D)
GO General Office District
(1)
Purpose. .....The GO District is primarily intended to accommodate high intensity office uses and supporting services. The district is established to provide locations for employment within 1 and 2, Metro Activity Centers, and GMA 3 with access to thoroughfares.
(2)
General Dimensional Requirements - GO.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
The eighty percent (80%) limit applies only to GMAs 3.
3.
There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased one foot for each foot of additional setback beyond the forty (40) foot minimum required if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.
(E)
NB Neighborhood Business District
(1)
Purpose. .....The NB District is primarily intended to accommodate very low intensity office, retail, and personal service uses close to or within residential areas. The district is established to provide convenient locations for businesses which serve the everyday household needs of nearby residents without disrupting the character of the neighborhood. The district is not intended to accommodate retail uses which attract customers from outside the neighborhood or which primarily cater to motorists. This district is intended for application in GMAs 2, 3, 4 and 5.
(2)
General Dimensional Requirements - NB.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family residences must meet the requirements of Table B.3.4. Other supplemental district requirements are:
(a)
Size and Location. Individual NB Districts shall conform to the following requirements:
(i)
Size. The district shall comprise not more than one acre of contiguous site area.
(ii)
Proximity to other NB District. A NB District shall not be established within one-half mile of another NB District, measured in a straight line from the closest points on the boundary lines of the two (2) districts.
(b)
Floor Area Limitation. The following uses are limited to a maximum gross floor area of two thousand five hundred (2,500) square feet:
(i)
Banking/Financial Services;
(ii)
Convenience Store;
(iii)
Drug Store;
(iv)
Food Store;
(v)
Government Office;
(vi)
Offices; and
(vii)
Neighborhood Organization Office.
(c)
Prohibited Uses. The following uses are not permitted in GMAs 1, 2 and 3:
(i)
Motor Vehicle Repair and Maintenance;
(ii)
Convenience Store with Gasoline Sales;
(iii)
Retail Store Specializing in Automobile Supply;
(iv)
Hardware Store; and,
(v)
Veterinary Service.
(d)
Prohibited Activities.
(i)
No drive-through or in-car service shall be permitted.
(ii)
No gasoline sales shall be permitted in an NB District in GMAs 1, 2 and 3.
(e)
Motor Vehicle Storage Yard. A motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair and maintenance facility, where permitted in accordance with Section B.2-1.3(E)(3)(c). Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.
(f)
Automatic Teller Machines. Automatic teller machines shall be permitted as an accessory use if not constructed as a drive-through facility.
(g)
Parking Requirements.
(i)
Reductions. Off-street parking requirements contained in Section B.3-3.5(D) are reduced thirty percent (30%).
(ii)
Location. All off-street parking shall be provided to the rear or to the side of the principal structure with the exception of two (2) parking spaces which may be located in front of the structure. The side parking area may be no closer to the street than the principal structure.
(h)
Landscaping, Bufferyard and Streetyard Standards. The following landscaping and bufferyard standards apply in the NB District.
(i)
Front Yard. Ten (10) feet of the front yard in the NB District shall be landscaped with plant materials.
(ii)
Rear Parking. Parking area shall be buffered by a type I bufferyard, as defined in Section B.3-5, adjacent to residentially zoned property.
(iii)
Side Parking. Type I plantings will be provided in the required streetyard. A type II bufferyard, as defined in Section B.3-5, shall be provided if side parking abuts residentially zoned property.
(i)
Signage. Only one sign per structure will be permitted in NB Districts. This sign may be a freestanding sign, projecting sign, roof sign, or wall sign. This sign shall meet the requirements of Section B.3-2.
(j)
Trash Facilities. Dumpsters shall be enclosed on three (3) sides with walls at least eight (8) feet high and constructed of a material similar to the principal building on the zoning lot; the fourth side of the enclosure may be a permanent gate of wood or other opaque material.
(k)
Exterior Lighting. Exterior lighting on the property shall not be installed at a height of more than twenty-five (25) feet above the finished grade and shall be so shielded as to cast no direct light upon adjacent property.
(F)
PB Pedestrian Business District
(1)
Purpose. .....The PB District is primarily intended to accommodate office, retail, service, institutional and high density residential uses which customarily serve community and convenience business needs of smaller communities and urban nodes in the city and county. The district is intended to encourage the development of attractive, identifiable small towns, and to accommodate the pattern of building in the business concentrations surrounding the central core of Winston-Salem, and the central core of other municipalities in the County. The district should demonstrate pedestrian oriented design through elements such as buildings pulled up to the street, on-street parking, street trees, covered arcades, awnings, storefront display windows, public/private outdoor spaces, wide sidewalks, and building entrances facing the street. This district is intended for application in GMAs 1, 2 and 3.
(2)
General Dimensional Requirements - PB.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
Whenever a residential use in the PB Zoning District shares a side yard boundary line with a lot in a residential district, the requirements of Section B.3-1.2(J)(2) shall apply
(3)
Supplementary District Standards.
(a)
Parking. See Section B.3-3.5(D)(1).
(b)
Screening Mechanical Equipment. All on-site mechanical equipment shall be screened in accordance with Section B.3-4.5(B)
(c)
Within GMA 1.
(i)
General Dimensional Requirements. Except as specified in this section, there are no general dimensional requirements for the PB District within GMA 1, provided that each additional foot of height in excess of sixty (60) feet shall be set back a minimum of four (4) feet from properties zoned RS, RSQ, or H. A minimum fort (40) foot setback from any residential district (except RMU) shall be required in accordance with Section B.3-1.2(J). Under no circumstances shall the heights of structures exceed one hundred fifty (150) feet.
(ii)
Streetyard in PB District. See Section B.3-4.3(B)(6).
(iii)
Parking in PB District. See Section B.3-3.5(D)(1)(d).
(d)
Minimum lot sizes for single family residences and multifamily developments must meet the requirements of Table B.3.4
(e)
Parking. Shared parking may be permitted in accordance with the requirements of Section B.3-3.5(B).
(f)
Loading. Shared loading may be permitted in accordance with the requirements of Section B.3-3.6(E).
(g)
Building Entrance Orientation. All building in the PB District shall have at least one principal building entrance oriented to the street. No surface off-street parking or unloading spaces, except a maximum of two (2) spaces in accordance with Section B.3-3.5(D)(1)(b)(i) shall be located between that building wall and the street or an extension of that building wall through the entire street frontage.
(h)
Building Walls With Street Frontage. Building walls with street frontage shall emphasize pedestrian-oriented architectural features such as facade articulation, windows, awnings, porticoes and similar features.
(i)
Alternative Compliance (PB-S Districts). Alternative site plans which deviate from the strict application of the supplementary district standards in Section B.2-1.3(F)(3), but which adhere to the PB purpose statement, may be approved through the Special Use District zoning process in Section B.6-2.2.
(G)
LB Limited Business District
(1)
Purpose. .....The LB District is primarily intended to accommodate moderately intense neighborhood shopping and service centers close to residential areas. The district is established to provide locations for businesses which serve nearby neighborhoods, including smaller business locations up to ten (10) acres in size in rural areas. The district is typically located near the intersection of a collector street or thoroughfare in areas which are otherwise developed with residences. Standards are designed so that this district, in some instances, may serve as a transition between residential districts and other commercial districts. This district is intended for application in GMAs 2, 3, 4 and 5.
(2)
General Dimensional Requirements - LB.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.
(3)
Supplementary District Requirements in GMAs 4 and 5.
(a)
GMA and Lot Area Limitations. The following uses are permitted only in GMAs 4 and 5 and are limited to a maximum zoning lot size of one acre:
(i)
Outdoor Display Retail;
(ii)
Motor Vehicle Repair and Maintenance.
(b)
Motor Vehicle Storage Yard. In GMAs 4 and 5, a motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair service. Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.
(c)
Signage. Signage shall meet the requirements of Section B.3-2.
(d)
Trash Facilities. Dumpsters shall be screened on three (3) sides with walls of a material similar to the principal building or with vegetation.
(e)
On-Street Parking. Some on-street parking may be permitted to satisfy off-street parking requirements in accordance with Section B.3-3.5(M).
(H)
NSB Neighborhood Shopping Center Business District
(1)
Purpose. .....The NSB District is intended to provide for the development of integrated, self-contained shopping and service centers designed to meet the daily retail and service needs of residents in the surrounding area. The district is designed to be compatible with adjacent residential areas by limiting uses and access drives, and by providing substantial setbacks and landscape buffers. The district is intended for application on sites with good road access in GMAs 1, 2 and 3 and Metro Activity Centers. Development in GMA 4 should be considered only where there is a demonstrated need for retail and service uses. The establishment of a neighborhood shopping center district does not establish justification for future commercial zoning in the area.
(2)
General Dimensional Requirements - NSB.
1.
For outparcels with internal access to the property provided, the minimum lot size is twenty thousand (20,000) square feet; the required minimum lot width is reduced to one hundred (100) feet; and the interior rear and side yard requirements are deleted, except that any side yard provided adjacent to an interior lot line shall not be less than twelve (12) feet. Negative access along external roads must be provided and on record.
2.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
(3)
Supplementary District Requirements.
(a)
Reserved.
(b)
Site Size. The minimum site size shall be four (4) acres, and the maximum site size shall be fifteen (15) acres.
(c)
Building Square Footage. Total building square footage shall be at least thirty-five thousand (35,000) square feet and not more than one hundred thousand (100,000) square feet.
(d)
Access.
(i)
Site Access. The site shall have direct access to a major or minor thoroughfare.
(ii)
Internal Access. All uses shall access only internally to the site.
(iii)
Access Driveways. The location and number of driveways shall be limited to assure safe access and circulation and to promote compatibility with surrounding residential areas. In reviewing site plans, the following conditions may be required by the Director of Planning or the North Carolina Department of Transportation.
[A]
Turn Lanes and Signals. Ingress turn lanes and traffic signals provided at all access driveways.
[B]
Pedestrian Access. Safe pedestrian access from adjacent residential areas.
Other site plan requirements related to access include the following:
[C]
Width of Driveways. Access driveways meeting City or State standards.
[D]
Driveway Alignment. Access driveways shall be aligned with other existing and planned intersections and/or streets, including, but not limited to, streets identified in the Transportation Plan.
[E]
Minimum Number of Driveways. A minimum of two (2) access driveways shall be provided unless approved by the City or the State.
[F]
Maximum Number of Driveways. No more than two (2) access driveways per road frontage shall be permitted, unless approved by the City or the State. The City or the State may approve up to a total of three (3) access driveways per road frontage.
[G]
Parking Aisles. Parking spaces shall not be located along the first forty (40) feet of the access driveway aisles.
[H]
Pedestrian Access. Safe pedestrian access shall be provided internally.
(iv)
Bus Shelters. Sites on current or planned Winston-Salem Transit Authority bus routes shall provide at least one bus shelter, as determined by the Winston-Salem Transit Authority.
(e)
Right-of-Way Dedication. Land shall be dedicated for public right-of-way to meet projected needs for roads shown on the Transportation Plan, or for other roads as determined by the City, Town, or North Carolina Department of Transportation.
(f)
Loading Areas/Docks. Loading areas and docks are considered part of the principal structure and shall meet building setback requirements.
(g)
Stormwater Management. In the City of Winston-Salem, a stormwater management plan shall be submitted to and approved by the City Engineering Department. Outside the City of Winston-Salem, the developer shall demonstrate adequate provision for control of stormwater runoff.
(h)
Signs. Signs shall meet the requirements of Section B.3-2.
(i)
Motor Vehicle Storage Yard. A motor vehicle storage yard with a maximum enclosed storage area of three thousand (3,000) square feet shall be permitted as an accessory use to a motor vehicle repair service. Such yard shall meet all use conditions applicable to motor vehicle storage yards, Section B.2-5.53.
(j)
Other Department Requirements. All site plan requirements of departments reviewing the project shall be met.
(I)
HB Highway Business District
(1)
Purpose. .....The HB District is primarily intended to accommodate retail service and distributive uses. The district is established to provide locations for establishments which require high visibility and good road access, or which cater primarily to passing motorists. However, the district is not intended to encourage or accommodate strip commercial development. Developments in this district generally have substantial front setbacks. This district is intended for application in GMAs 2, 3 and 4.
(2)
General Dimensional Requirements - HB.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.
(J)
GB General Business District
(1)
Purpose. .....The GB District is primarily intended to accommodate a wide range of retail, service, and office uses located along thoroughfares in areas which have developed with minimal front setbacks. However, the district is not intended to encourage or accommodate strip commercial development. The district would accommodate destination retail and service uses, characterized by either a larger single business use or the consolidation of numerous uses in a building or planned development, with consolidated access. This district is intended for application in GMAs 1, 2 and 3 and Metro Activity Centers.
(2)
General Dimensional Requirements - GB.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond the forty (40) foot minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.
(3)
Supplementary District Requirements. .....Minimum lot sizes for multifamily developments must meet the requirements of Table B.3.4.
(K)
CB Central Business District
(1)
Purpose. .....The CB District is intended for application in GMA 1. The district is established to encourage high intensity, compact urban development. The district is intended to accommodate a wide range of uses, including office, retail, service, and institutional developments in a pedestrian-oriented setting. The district also accommodates high density residential development. These uses may be mixed on the same tract or within the same structure.
(2)
General Dimensional Requirements. .....Except as specified in this section, there are no general dimensional requirements for the CB District.
(3)
Streetyard. .....Please refer to Section B.3-4.3(B)(5) for streetyard requirements applicable in the CB District.
(4)
Setbacks from Residential Districts. .....Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
(WA-UDO 7, § 1, 11-29-07; WA-UDO-9, § 2, 2-28-08; WA-UDO-14, §§ 1, 4, 3-25-10; WA-UDO-15, § 8, 2-24-11)
2-1.4 INDUSTRIAL ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS
The following industrial districts are established:
Table B.2.3
Industrial Zoning Districts
These industrial districts are established to accommodate enterprises engaged in the manufacturing, processing, or assembling of goods, merchandise, or equipment. The standards established for these districts are designed to promote industrial development and to protect nearby residential areas from undesirable aspects of industrial development. Whenever possible, these districts should be separated from residential districts by natural or structural boundaries, such as streams, topographic features, vegetation, major streets, or similar features. When an industrial rezoning proposal is considered, the Growth Management Plan and the industrial land use goals and recommendations in Legacy shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.
(A)
LI Limited Industrial District
(1)
Purpose. .....The LI District is primarily intended to accommodate limited manufacturing, wholesaling, warehousing, research and development, and related commercial and service activities which, in their normal operations, have little or no adverse effect upon adjoining properties. The district is established to provide locations for industrial development in GMAs 1, 2, 3 and 4 and Metro Activity Centers.
(2)
General Dimensional Requirements - LI.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.
3.
There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of the structure above seventy (70) feet may be increased by one foot for each foot of additional setback above the minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.
(3)
Supplementary District Requirements. .....See Section B.2-6.2 for permitted accessory uses and limitations.
(B)
Reserved
(C)
GI General Industrial District
(1)
Purpose. .....The GI District is primarily intended to accommodate a wide range of assembling, fabricating, and manufacturing activities. The district is established for the purpose of designating appropriate locations and establishing development regulations for uses which may have significant environmental impacts or which require special measures to ensure compatibility with adjoining properties. The district is established to provide locations for major developments in GMAs 1, 2 and 3.
(2)
General Dimensional Requirements - GI.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard.
3.
There is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of the structure above seventy (70) feet may be increased by one foot for each foot of additional setback beyond the minimum required, if adjacent to property zoned RS, RM (except RM-U), YR, AG, or H.
(3)
Supplementary District Requirements. .....See Section B.2-6.2 for permitted accessory uses and limitations.
(D)
CI Central Industrial District
(1)
Purpose. .....The CI District is intended to accommodate assembly, fabrication, and manufacturing activities within GMAs 1 and 2. The central areas of the City of Winston-Salem contain a variety of industrial land uses. These uses provide a substantial non-office employment base, as well as meeting certain needs in the community for industrial type goods. The CI District is intended to encourage and permit the continuation of a significant non-office employment base in the central area of these two communities and to enable the development of new industrial uses compatible with the goals of Legacy for these areas.
(2)
General Dimensional Requirements. .....Except as specified in this section, there are no general dimensional requirements for the CI District.
(3)
Setbacks from Residential Districts. .....Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
(4)
Streetyard. .....Please refer to Section B.3-4.3(B)(5) for streetyard requirements applicable in the CI District.
(WA-UDO-7, § 1, 11-29-07; WA-UDO-13, § 10, 2-26-09)
2-1.5 INSTITUTIONAL AND MIXED USE ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS
The following institutional and mixed use districts are established:
Table B.2.4
Institutional and Mixed Use Zoning Districts
The purpose of establishing these districts is to accommodate institutional and major mixed use developments in compliance with the Growth Management Plan of Legacy.
(A)
IP Institutional and Public District
(1)
Purpose. .....The IP District is intended to accommodate public and institutional uses which have a limited land use impact or traffic generation potential upon surrounding uses. The district is intended to accommodate smaller, less intensive public and institutional uses which have concentrated service areas and are located in or near residential areas, or larger, less intensive recreational or institutional facilities in rural areas.
(2)
General Dimensional Requirements - IP.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
(B)
C Campus District
(1)
Purpose. .....The C District is intended to accommodate medium to large-sized public, semi-public, and institutional uses which have a major land use impact or traffic generation potential upon surrounding uses. The district is intended to accommodate larger, more intensive public and institutional uses which have extensive service areas and are centrally located.
(2)
General Dimensional Requirements - C.
1.
Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater.
2.
In GMAs 1 and 2, there is no height limit unless adjacent to property zoned RS, RM (except RM-U), YR, AG, or H. Height of structure above sixty (60) feet may be increased by one foot for each foot of additional setback beyond the minimum forty (40) foot required, if adjacent to property zoned RS, RM (except RM-U), or H. If structure is set back at least one hundred twenty (120) feet from property zoned RS, RM (except RM-U), YR, AG or H, there is no height limit.
3.
In GMAs 3, 4, and 5, the maximum height is forty (40) feet. However, the maximum permitted height of any structure may be increased by one foot for every additional five (5) feet of setback beyond the minimum setbacks required, up to a maximum building height of seventy-five (75) feet.
4.
There is no impervious surface coverage limit in GMAs 1 and 2.
(3)
Supplementary District Requirements.
(a)
Reserved.
(b)
Access. Vehicular access onto a major or minor thoroughfare or onto a road improved to necessary standards as determined by the Director of Public Works for the City of Winston-Salem or the North Carolina Department of Transportation.
(c)
Automatic Teller Machine. Automatic teller machines shall be permitted as an accessory use.
(C)
MU-S Mixed Use - Special Use District
(1)
Purpose. .....The MU-S District is intended to accommodate a comprehensively planned, pedestrian oriented mix of three (3) or more distinct land uses. This district has applications in a broad range of urban to suburban locations. The size and intensity of MU-S development may vary based on their physical context and location. The MU-S District provides greater development flexibility in exchange for certain planning and design considerations.
(a)
General Information. The MU-S district is fundamentally different from other zoning districts in the UDO. MU-S zoning can only be established through a special use district zoning process in accordance with Section B.6-2.2, site plan review process. No General Use zoning provisions are available. Since MU-S zoning requires all aspects of internal and external compatibility be clearly shown on the required site plan, absolute requirements which might unnecessarily limit development flexibility are kept to a minimum. Because of enhanced provisions for development flexibility, however, petitions for MU-S zoning are subject to additional site plan review requirements to ensure compatibility with surrounding land uses and compliance with the principal objectives of the MU-S district. The district is intended to be equally suited for new developments or adaptive reuse of existing structures.
(b)
District Objectives. The MU-S District is intended to address new development concepts, innovative design, and other unique situations and proposals which cannot be as easily accommodated through conventional zoning districts. The MU-S district generally permits a broad range of land uses including single family residential, multifamily residential, retail/commercial, office, institutional/public, and Manufacturing A and B. Each MU-S development should incorporate three (3) or more of the previously mentioned categories of land uses in a cohesive, comprehensively planned development which is compatible and well integrated with its physical, natural, and historical context.
MU-S developments should demonstrate the following architectural and site design elements:
(i)
Building Mass and Scale. Building mass and scale should be consistent with the mass and scale of surroundings buildings and their relationship to the street. Additionally, buildings should provide a purposeful transition from the existing architectural context of one site edge to another.
(ii)
Rhythm. Building elements such as facade and roofline articulation, entrances, and fenestration should reflect, harmonize with, and provide a logical transition to the surrounding patterns of proposed or existing development.
(iii)
Vehicular Connectivity. Streets in MU-S developments should demonstrate a high level of internal and external connectivity.
(iv)
Active, Pedestrian Friendly Streets. Developments should demonstrate elements such as buildings pulled up to the street, on-street parking, street trees, covered arcades, awnings, storefront display windows, public/private outdoor spaces, wide sidewalks, building entrances facing the street, and pedestrian level building fenestration.
(v)
Public Art and Environmentally Responsive Designs. Public art and environmentally responsible designs should be used to create a more exciting, unique environment.
(c)
Scope of Application. Appropriate scale and character of MU-S developments may vary depending upon the context and location of the development within Growth Management Areas (GMAs). The MU-S district is comprised of three (3) distinct tiers along the urban to suburban continuum in accordance with Legacy Growth Management Plan objectives. The MU-S District is the primary zoning tool for implementing Transit Oriented Development (TOD) and Traditional Neighborhood Development (TND) in accordance with Legacy and small area planning recommendations.
(i)
Tier 1. Tier 1 includes GMA 1, Activity Center cores, the ⅛ mile wide corridor surrounding streetcar lines, and the core of regional rail TODs. This tier requires a vertically oriented mix of distinct land uses in dense urban areas.
(ii)
Tier 2. Tier 2 includes GMA 2, Activity Center support areas, and the support area of TODs. This tier supports less dense urban mixed use development, and acts as a link between urban and suburban growth areas. Vertical mixing of uses is encouraged in this tier.
(iii)
Tier 3. Tier 3 includes GMA 3 and 4 and locations suited for TND. This tier is designed to promote a mix of uses oriented either horizontally or vertically on site.
(d)
Review Process. While the MU-S District provides greater development flexibility, additional responsibility is required of the developer in exchange. A preapplication conference between the Director of Planning and the developer is required. MU-S zoning allows the developer to work outside the standardized requirements of conventional zoning and focus on the purpose and intent of the district, and as such has minimal fixed requirements. Compatibility and design integration will be ensured by requiring appropriate setbacks, streetyards, bufferyards, building heights, lots sizes, and other requirements through the site plan review process.
Additional site plan review items may be needed to assist planning staff in evaluating the suitability of proposed MU-S developments. Such items may include building elevations, street and building cross sections, and other representative graphics depicting the character, and demonstrating the internal and external compatibility, of the proposed development.
(2)
General Dimensional Requirements - MU-S. .....There are no general dimensional requirements for the MU-S District. Rather, these requirements shall be specified on a site specific basis through the required site plan review process. These requirements include but are not limited to: bufferyards, setbacks, streetyards, building height, and lot dimensions and area. In all situations, Fire Code and other regulations pertaining to general health, safety, and welfare apply.
(3)
Supplementary District Requirements. .....Minimum lot sizes for single family residences, duplexes, twin homes and multifamily developments must meet the requirements of Table B.3.4. Other supplemental district requirements are:
(a)
Preapplication Conference. Prior to the formal submission of a proposed MU-S District, the developer or representative shall attend a preapplication conference with the Director of Planning concerning the proposed plan of development. At this preapplication conference, the developer shall submit a sketch plan for the MU-S District and general information on traffic circulation and utilities for tentative review, comments, and recommendations by the Director of Planning. The Director of Planning shall comment on the information submitted in writing within thirty (30) days. No rezoning petition for an MU-S District may be accepted until this process has been completed.
(b)
MU-S District Application. No rezoning petition for an MU-S District may be accepted unless it is filled within one hundred eighty (180) days from the date of the Director of Planning's written comment relating thereto.
(c)
Effects of Approval. The approval of a development plan and the accompanying preliminary plat shall have the following effects:
(i)
The area of an approved MU-S District shall be noted on the Official Zoning Maps. Approval of a One-Phase or Two-Phase MU-S District shall be in accordance with Section B.6.2.2.
(ii)
Approval of the application shall also constitute the required approval for the preliminary plat included in the application. The applicant may then request approval of a final plat in accordance with the Subdivision Ordinances.
(d)
Sequencing of Development. Conditions for sequencing of development where appropriate will be determined through the Special Use District's site plan review process in accordance with Section B.6-2.2 in order to ensure a balanced mix of uses throughout the entire sequencing process. Proposed sequencing of development shall be discussed at the preapplication conference.
(e)
Platting Requirements. Final plats shall be recorded in the Office of the Register of Deeds prior to the issuance of building permits in accordance with the following provisions:
(i)
Subdivisions. As a minimum all subdivision sections of the MU-S must have final plats recorded in accordance with Section D.4(H).
(ii)
Multiple Building Sites. All sections of the MU-S site plan that have multiple building sites on one zoning lot must be recorded on final plats in accordance with Section D.4(H). These final plats shall show all tentative building locations, access and utility easements on the zoning lot.
(f)
Maintenance. An application for approval of an MU-S District shall be accompanied by copies of documents related to the proposed homeowners association or other entity proposed to manage and maintain private streets, open space, and other common areas and facilities, if any. Such documents shall:
(i)
Set forth the nature of the permanent organization under which common ownership is to be established, including its purposes; how it shall be governed and administered; the provisions made for permanent care and maintenance of the common property, including necessary bonds when required by the city; and, the method of assessing the individual property for its share of the cost of administering and maintaining such common property; and,
(ii)
Set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.
(g)
Supplementary Graphics. In addition to site plans meeting the requirements of Section B.7-4.1, proposed MU-S districts may be required to demonstrate district objectives through graphics such, as but not limited to, representative building elevations, representative building envelopes, and building and/or street cross sections as necessary for Planning Board and Elected Body review.
(h)
Parking. Except for single family residential uses and situations where the provisions of Section B.2-1.5(C)(h)(ii) are applied, all parking shall be located to the rear or side of the principal building. Where required spaces cannot be provided in the rear or side due to lot size, shape, or topographic features, a limited number of parking spaces may be allowed in the front of the building in accordance with the MU-S purpose statement with Planning Board or Elected Body approval.
(i)
Number of Spaces. Off-street parking for any use in the MU-S District shall receive an automatic thirty percent (30%) reduction of the parking requirements of Table B.3.8. A comprehensive off-street parking and loading study which includes shared parking may be approved by Director of Public Works in lieu of the standard parking and loading requirements as specified in Section B.3-3.2
(ii)
On-Street Parking. On-street parking in appropriate locations is encouraged in accordance with the MU-S purpose statement. Some on-street parking may be permitted to satisfy off-street parking requirements in accordance with Section B.3-3.5(M).
(i)
General Requirements. All MU-S developments shall meet the following requirements:
(i)
Distinct Land Uses. All MU-S developments shall contain three (3) or more distinct land uses as listed in section B.2-1.5 (C)(1)(b).
[A]
In situations where new MU-S development is proposed adjacent to existing MU-S development, the requirements of section B.2-1.5(C)(3)(i)(i) above may be waived if the proposed MU-S development is compatible with the existing MU-S development.
(ii)
In mixed use and commercial buildings, ground level street facades shall incorporate pedestrian oriented elements such as, but not limited to, storefront display windows, covered arcades, awnings, and pedestrian level building fenestration.
(iii)
Streetscape Design. MU-S developments shall exhibit characteristics of pedestrian friendly streetscape design such as, but not limited to, buildings pulled up to the street, sidewalks and street trees, public/private outdoor spaces, and traffic calming devices, including on-street angled and parallel parking.
(iv)
Open Space.
[A]
Public/private open space shall be required for all new buildings with a gross floor area greater than or equal to fifty thousand (50,000) square feet. Buildings with a gross floor area ranging from fifty thousand (50,000) to one hundred thousand (100,000) square feet must provide useable public/private open space on the developed property at the rate of one square foot of open space per one hundred (100) square feet of gross floor area. Buildings with a gross floor area of greater than one hundred thousand (100,000) square feet must provide useable open space at the rate of two (2) square feet of open space per one hundred (100) square feet of gross floor area.
[B]
Open space may be located on the roofs of buildings or on the ground. All open space shall be easily accessible by users of the building or the general public.
[C]
The above open space requirements may be waived or reduced for buildings with a gross floor area of greater than one hundred thousand (100,000) square feet by satisfying one of the following conditions:
[1]
The above open space requirements shall be waived for developments which demonstrate environmentally responsive, sustainable design as defined by the USGBC (United States Green Building Council) and possess a LEED (Leadership in Energy & Environmental Design) certification of Silver or higher for all buildings within the development.
(v)
Perimeter Bufferyards. In order to ensure compatibility between uses inside the MU-S District and those outside, bufferyard standards as outlined in Section B.3-5.2 shall serve as guidelines to establish bufferyards through the required site plan review process. Actual bufferyard requirements may be reduced or increased depending on the level of integration with adjacent uses.
(j)
MU-S Tier 1. This tier includes GMA 1, Activity Center cores, the nominal 1/8 mile area surrounding streetcar lines, and the core of regional rail TODs. Developments in Tier 1 shall meet the following additional requirements.
(i)
At least one entrance per building must face the primary street.
(ii)
Vertical mixing of uses is required of all developments
(iii)
In vertically mixed use buildings, fifty percent (50%) or more of the first floor area must consist of retail, office, or institutional uses.
(iv)
Buildings shall have a maximum front setback of fifteen (15) feet unless alternative provisions for public/private open space in accordance with the MU-S purpose statement.
(k)
MU-S Tier 2. This tier includes GMA 2, Activity Center support areas, and the support area of TODs. Developments in Tier 2 shall meet the following additional requirements.
(i)
At least one entrance per building must face the primary street.
(ii)
With the exception of single family residential, all buildings shall have a maximum front setback of fifteen (15) feet unless alternative provisions for public/private open space in accordance with the purpose statement of this ordinance are used.
(l)
MU-S Tier 3. This tier includes GMA 3 and 4 and locations suited for TND. Developments in Tier 3 shall meet the following additional requirements:
(i)
Minimum gross tract size for initial zoning shall be ten (10) acres unless the petitioner can demonstrate to the Elected Body that circumstances exist which make a smaller area suitable due to factors such as, but not limited to, location, topography, or compatibility with adjacent uses. Additions may be made in increments of any size.
(WA-UDO-7, § 1, 11-29-07; WA-UDO-14, § 4, 3-25-10)
2-1.6 OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS - PURPOSE STATEMENTS AND REGULATIONS
The following overlay and special purpose zoning districts are established:
Table B.2.5
Overlay and Special Purpose Zoning Districts
The purpose of establishing these districts is to assist the community in meeting the recommendations of Legacy and to meet requirements of State and federal law. When a rezoning proposal for one of these districts is considered, historic preservation, watershed protection, and other applicable goals and recommendations contained in Legacy shall be used as guides, in conjunction with other factors, in determining the appropriateness of the proposed district.
(A)
NCO Neighborhood Conservation Overlay District
(1)
Purpose. .....The NCO District is intended:
(a)
To preserve and enhance the appearance and special character of certain older neighborhoods by encouraging reuse of existing buildings and new infill development which respects the context of the existing built and natural characteristics;
(b)
To recognize these characteristics as a major part of the community's identity and positive image, and thereby enhance the visual quality of the community;
(c)
To stabilize and improve property values; and,
(d)
To reduce conflicts between new construction and existing development.
(2)
NCO District Requirements.
(a)
Applicability
(i)
New Development. The regulations of the NCO District shall apply to all new development within the boundaries of the NCO District except as specifically exempted by the provision of this section.
(ii)
Existing Development. A structure existing at the time an NCO District is approved shall not be deemed a nonconformity because of the NCO District regulations.
(iii)
Expansion of Existing Development. The regulations of the NCO District shall apply to all work as described in this section that would include expansion of existing structures including but not limited to work such as additions and porches.
(iv)
Work by Local Governments and Utility Companies. The regulations of the NCO District shall apply to changes in appearance made by local governments or utility companies to walls, lighting, fences, structures and buildings on public property.
(b)
Exemptions. The following types of activities are exempt from the provisions of this section where applicable:
(i)
Interior alterations.
(ii)
Routine maintenance where no changes are made to the appearance of the structure of grounds, or repair of any structure or site feature.
(iii)
Routine maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signals, and/or replacement of street light fixtures.
(iv)
The construction, reconstruction, alteration, restoration, moving, or demolition of any structure or site feature which the Director of Housing and Neighborhood Services and/or the Director of Inspections determines is required to protect the public safety because of an unsafe or dangerous condition.
(c)
Development Review Process.
(i)
Site Plan Requirement. Except for projects as specifically exempted herein, no building, grading, or demolition permit shall be issued within the NCO District prior to the submittal and approval of plans by the Director of Planning. The plans shall meet the requirements of Section B.7.
(ii)
Compliance Required. No site plan or subdivision plat shall be approved which does not demonstrate compliance with the provisions of this section and the conservation standards of the applicable design study.
(iii)
Appeals. Any aggrieved party may take an appeal from the actions of the Director of Planning to the Board of Adjustment, whether the site plan was approved or disapproved.
(d)
Standards for Development Within the NCO District.
(i)
Conservation Standards. All development within the NCO District shall be subject to the conservation standards contained in the applicable Neighborhood Design Study. These conservation standards may be more stringent or less stringent than the regulations of the underlying zone; in the event of any conflict, the neighborhood conservation standard shall apply. However, the conservation standards shall be objective standards and may regulate only the following: Dimensional requirements, parking requirements, signage, lighting, vehicular access, location of exterior entrances and stairways, roof shape, building orientation and scale, outdoor storage, location and screening of utilities. No proposed conservation standard shall conflict with the provisions of G.S. 160D-702.
(ii)
Demolition. A demolition permit may not be denied within an NCO District; however, prior to receiving a demolition permit the structure to be removed must be properly documented and submitted to Historic Resources staff.
(3)
Zoning Applications. .....Except for applications filed by the City or County, the Planning Board shall not accept applications for zoning property to an NCO District unless the application meets all of the following criteria:
(a)
The area to be zoned shall contain at least fifteen (15) contiguous acres or shall be an expansion of an existing NCO District.
(b)
The area to be zoned is an area whose development began at least twenty-five (25) years prior to the application for zoning to the NCO District.
(c)
Each NCO District may only contain one neighborhood as defined: (1) by a National Register District (HRC) eligible area (2) by an identifiable street and lot patterns, and/or (3) by any other definable attribute that makes the neighborhood unique.
(d)
A Neighborhood Design Study which outlines the conservation standards for the area has been adopted by the Elected Body.
(4)
Establishment Procedure. .....The Neighborhood Design Study required for an NCO District is a five-step process. The petitioner (neighborhood) will take the lead for each of these steps. The following shall be the procedure for establishing NCO Districts:
(a)
A determination of eligibility that the area meets the size and age of development
criteria. Before proceeding with a Neighborhood Design Study, the petitioner will
first need to go through the pre-application process to determine their eligibility.
The pre-application process will require:
(i)
The support, in writing, of an official Neighborhood Association Committee with by-laws (For each neighborhood/application).
(ii)
The signature of fifty-five percent (55%) of the property owners in the defined district.
(iii)
When support and eligibility is established, the pre-application request will go to the Historic Resources Commission for review and recommendation to the City County Planning Board (CCPB).
(iv)
The CCPB will make a determination on eligibility. If approved, the petitioner shall continue with the Establishment Procedure of the Study.
(b)
An inventory and description of the distinctive natural and built features of the
area /neighborhood. Conducting the inventory and compiling the information is the
responsibility of the petitioner. Staff will supply the petitioner with two (2) base
maps. Neighborhoods having NRD (National Register District) inventories shall use
those as a part of the inventory submission.
The inventory shall include the following information:
(i)
General description and history of the neighborhood.
(ii)
Documentation of predominate architectural building types in neighborhood including roof forms and pitch. (Representative photos should be part of submission.)
(iii)
Documentation of block-by-block front setbacks, side setbacks, building-to-land ratio, lot sizes and configurations, and building orientation (to be averaged and used for standards).
(iv)
General description of natural features including streams, wooded areas, parks, and other open spaces.
(v)
Documentation of standard vehicular access and parking location for existing multifamily residential buildings.
(vi)
Upon completion of inventory, Planning Staff shall review the inventory to determine if all information needed is correct and has been properly documented.
(c)
A listing of the conservation standards to be met within the area if NCO District zoning is adopted. The creation of the standards used in the NCO District is the responsibility of the petitioner. Standards developed as part of the Neighborhood Design Study must be tied to the characteristics defined in the inventory and demonstrate the retention of existing features.
(d)
A listing of voluntary conservation guidelines for the area if desired by petitioners to be administered by the neighborhood.
(e)
Final submission, notification and adoption.
The final submission shall include:
(i)
The completed inventory (four (4) copies)
(ii)
Conservation Standards: Staff will review standards to ensure they relate to the character of the district as described in the inventory and meet NCO district requirements (four (4) copies)
(iii)
Voluntary Standards: Same as listed above in Section B.2-1.6(A)(4)(e)(ii).
(iv)
Proof of neighborhood support including the signatures of fifty-five percent (55%) of the property owners as defined in the NCO district
(v)
List of property owners for notification in label format
(vi)
Signed memorandum of understanding with the Neighborhood Association concerning their responsibility for continued property owner notification and monitoring of District. The memorandum of understanding term limit will extend through the duration of the district.
(f)
Once all the previous procedural steps have been met, an application for rezoning the said general area to an NCO District shall be accepted. The County/City/Town/Village shall proceed in the same manner as would otherwise be required for a change in the Zoning Ordinance and the request shall be processed according to the procedures set forth in Section B.6-2.
(g)
When an NCO District is approved, the conservation standards contained in the applicable Neighborhood Design Study are adopted by reference and become a part of the Zoning Ordinance.
(5)
Enforcement.
(a)
Inspections will review all building permits and rezoning materials, as required in application form, in the NCO District for compliance with conservation standards.
(b)
It is the responsibility of the Neighborhood Association concerning continued property owner notification and monitoring of the District according to the signed memorandum of understanding as stated in Section B.2-1.6 (A)(4)(e)(vi).
(6)
Amendment of District. .....The following shall be required to amend, supplement, change, modify, or repeal any district boundaries of the NCO District.
(a)
If fifty-five percent (55%) or more of the neighborhood no longer desires an NCO District and thus agrees to rezone the NCO District off the official zoning map.
(b)
If the memorandum of understanding signed by the Neighborhood Association is violated by lack of participation by the neighborhood.
(c)
The County/City/Town/Village shall proceed in the same manner as would otherwise be required for a change in the Zoning Ordinance and the request shall be processed according to the procedures set forth in Section B.6-2.
(B)
TO Thoroughfare Overlay District
(1)
Purpose. .....The TO District is intended to:
(a)
Encourage development and redevelopment which preserves the visual quality and functional operation of major roadways;
(b)
Enhance the visual image of the community;
(c)
Promote traffic safety;
(d)
Preserve property values; and,
(e)
Implement the goals, policies, and objectives of Legacy.
(2)
Overlay District Requirements.
(a)
Applicability. Within a TO District, every use of a building or land hereafter established, including demolition and reconstruction of new uses, shall meet the requirements of this section unless otherwise exempted below.
(b)
Exemptions.
(i)
New Residential Development. New single family, duplex, or twin home development shall be exempt from all of the provisions of this section.
(ii)
Reuse or Redevelopment. Reuse, remodeling, repairs, or other redevelopment which do not create additional building floor area or parking spaces shall be exempt from the provisions of this section.
(iii)
Expansions. Building additions, parking lot expansions or other redevelopment that creates additional building floor area or parking spaces not exceeding twenty-five percent (25%) of the floor area or parking spaces existing on the site on the effective date of this Ordinance shall be exempt from the provisions of this section, except no expansion may occur within a required setback area. There shall be only one such expansion.
(iv)
Shallow Lots. Vacant lots of record existing as of the effective date of this Ordinance in GMAs 1, 2 or 3 with less than one hundred fifty (150) feet of depth, or in GMAs 4 and 5 with less than two hundred (200) feet of depth shall be exempt from the provisions of this section, except that these lots are required to meet the ten (10) foot setback for parking off right-of-way and streetyard planting.
(v)
Streetyard. If existing structures or parking areas are located within a landscaped streetyard area required pursuant to this section on the effective date of this Ordinance, reduction in streetyard width is permitted as provided in Section B.3-4.3(A)(3)(b).
(c)
Applicable Roads and Boundaries. The TO District shall consist of the public right-of-way and those lands within one hundred (100) feet of either side of the right-of-way, including access ramps of all freeways and expressways and roads in the Interstate System. Additional roads may be included in a TO District pursuant to Section B.2-1.6(B)(3). The TO District does not include land lying underneath bridges or elevated portions of roadways.
(d)
Development Review. No building or zoning permit or subdivision plat shall be approved which does not demonstrate compliance with the provisions of this section.
(e)
Standards for Development Within the TO District. All development within the TO District shall be subject to the site development standards of the underlying district, in addition to the following:
(i)
Enclosed Facilities. All manufacturing, storage, offices, wholesale, retail sales, or similar uses, other than display areas for motor vehicle sales and plant nurseries, shall be conducted within an enclosed building, except as otherwise provided below.
(ii)
Outside Storage. Outside storage shall be permitted only if screened from view from the thoroughfare. The outside storage shall not occupy an area larger than one-half of the area covered by the principal building.
(iii)
Loading and Garage Bays. All loading areas and entrances to motor vehicle repair bays shall be screened from view from the thoroughfare.
(iv)
Shielding On-Site Utilities. All public utilities and related facilities, heating, ventilation and air conditioning (HVAC) units, including on-ground and rooftop mechanical systems, and dumpsters, shall be so located and/or shielded so as to not be visible from the public right-of-way.
(v)
Utilities. All new utilities providing direct service to individual buildings shall be placed underground. All distribution lines running parallel to the roadway within the TO District and installed or relocated in conjunction with construction of a new thoroughfare or widening of an existing thoroughfare which involves the relocation of power lines and poles shall be located underground, unless required to be placed above ground by the applicable utility provider.
(vi)
Setback. Any new structure or vehicular use area, including parking lots, loading areas, and driveways, and any addition to an existing structure or vehicular use area shall be set back a minimum distance from the right-of-way line as indicated below:
(vii)
Landscaped Streetyard. Within the setback area, the landscaped streetyard requirements of Section B.3-4 shall be met. Use of existing vegetation to meet the requirements is encouraged.
(3)
Establishment of Other Designated TO Districts.
(a)
Along segments of existing and proposed major and minor thoroughfares designated on the adopted Transportation Plan, a TO District may be established following the preparation of a corridor study and plan to protect and enhance the appearance and/or functioning of the roadway, consistent with the purpose of the TO District.
(b)
The corridor study and plan shall describe the conditions and boundaries of the segment of thoroughfare being studied, and may make recommendations in regard to setbacks, landscaping, right-of-way plantings, shielding utilities, access, enclosing facilities, outdoor storage, loading and garage bay provisions, underground utilities, or other areas as deemed appropriate.
(c)
The study and plan shall be submitted to the Planning Board for review and recommendation prior to submission to the Elected Body for adoption.
(d)
The boundaries and recommendations of each corridor plan shall be adopted as a separate and distinct TO District. The development standards contained in the applicable TO District are adopted by reference and become a part of the Zoning Ordinance.
(4)
Variance. .....Applications for variances from the setback and landscaping requirements of the TO District may be approved by the Board of Adjustment in accordance with the procedures in Section B.6-1.4(B). Approval of a variance shall include the determination that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance because of one or more of the following conditions:
(a)
Narrow. .....Unusually narrow sections of land available for planting within the back and/or side yards because of existing permanent structures, existing paving, or natural features such as rock outcroppings.
(b)
Elevation Change. .....Elevation change of more than twelve (12) feet within the area where screening would be located.
(c)
Public Safety. .....Specialized land uses such as public utilities, airports, etc. where strict adherence to the screening standard would significantly interfere with the function of that use and would create a public safety problem.
(d)
Public Agency. .....Actions of a public agency.
(e)
Platting or Deeding. .....Difficulties arising from the recorded platting or deeding of land prior to the adoption of this Ordinance.
(Ord. of 6-24-21)
2-2 - OFFICIAL ZONING MAPS
2-2.1 OFFICIAL ZONING MAPS
(A)
Designation and Description of Official Zoning Maps .....There shall be maps known and designated as the Official Zoning Maps which shall show the boundaries of all zoning districts within the planning jurisdiction of the adopting jurisdiction. The Official Zoning Maps as dated upon adoption are made part of this Ordinance as fully as if set forth herein in detail.
(B)
Location of Official Zoning Maps .....The Official Zoning Maps shall be located in the office of the Planning Board. True copies of the Official Zoning Maps are on file in the office of the Director of Inspections.
(C)
Revision and Replacement of Official Zoning Maps
(1)
Planning Staff Authorization. .....The Planning staff shall control access to the zoning information contained in the Forsyth County Land Records Information System and is authorized to revise the Official Zoning Maps when amended by the Elected Body. No unauthorized person may alter or modify the Official Zoning Maps.
(2)
Amended Map. .....When an Official Zoning Map is amended by the Elected Body, the Planning staff shall revise the appropriate data in the Forsyth County Land Records System and create a new Official Zoning Map reflecting the change.
(3)
Replacement Map. .....In the event that an Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes or additions, the Planning staff may create a new Official Zoning Map. The new Official Zoning Map may be revised to correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the designation or boundaries of any zoning districts on the original Official Zoning Maps or any subsequent amendment thereof.
(D)
Amendments to Official Zoning Maps
(1)
Procedures. .....The Official Zoning Maps may be amended under the same procedures which apply to amendments to the text of this Ordinance, as set forth in Section B.6-2.
(2)
Updates. .....The Planning staff shall update amended Official Zoning Maps in a timely manner after amendments adopted by the Elected Body. Upon entering any such amendment on a map, the Planning staff shall change the date of the map to indicate the map's latest revision.
(3)
Records. .....The Planning Board shall keep copies of superseded prints of the zoning map for historical reference.
2-2.2 ZONING DISTRICT BOUNDARIES
(A)
Location of District Boundaries .....Zoning district boundaries shall follow property lines identified in the City/County Geographic Information System unless otherwise defined by a field survey or computed description based on 1983 North American Datum which defines a closed polygon, or located along centerlines of streets, alleys, railroad rights-of-way, or extensions thereof. Any street, alley, or railroad right-of-way shall be deemed to be in the same district as the abutting property; provided that where the centerline of a street, alley, or railroad right-of-way serves as a district boundary, each half of the right-of-way shall be deemed to be in the same district as the property abutting upon that side of the street, alley, or railroad right-of-way.
(B)
Uncertainty Concerning District Boundaries .....Where uncertainty exists concerning boundaries of districts as shown on the Official Zoning Maps, the following guidelines shall be used:
(1)
Boundary Line is Within a Street. .....In cases where a boundary line is within a street, alley, or easement, the boundary line shall be deemed to be the centerline of such right-of-way.
(2)
Actual Location Varies from Map Illustration. .....If the actual location of a street, alley, or easement varies from the location as shown on the Official Zoning Maps, then the actual location shall control.
(3)
Boundary Line Defined by Proximity to Right-of-Way. .....In cases where a boundary line is shown as being located a specific distance from a street right-of-way line or other physical feature, such distance shall control.
(4)
Water Areas. .....All water areas and the land beneath them are controlled by the applicable zoning district regulations within which they are located.
(C)
Lot Divided by District Boundary Line .....Where a district boundary line divides a lot created by recorded deed, map, plat, or court proceeding, and existing as of the date establishing nonconformity in Section B.5-2.1(A), such boundary shall be presumed to lie on the nearest property line to which it is parallel or most nearly parallel, provided that the district boundary line shown on the Official Zoning Maps is found by the Director of Inspections to be not more than fifty (50) feet, at any point, from said property line. Where a district boundary line is shown on the Official Zoning Maps to be not within fifty (50) feet, at all points, of such property line, then such district boundary line shall be as shown on the Official Zoning Maps, and the exact location thereof shall be as determined by the Director of Inspections through reference to the scale or to notation on the Official Zoning Maps.
(D)
Split Jurisdiction .....If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the local governments may, by mutual agreement pursuant to NCGS 160D-203 and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other nonregulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each Elected Body and recorded with the register of deeds in the county where the property is located within fourteen (14) days of the adoption of the last required resolution.
(Ord. of 6-24-21)
2-3 - APPLICATION OF DISTRICT REGULATIONS
2-3.1 MINIMUM STANDARDS
The regulations established by this Ordinance within each district shall be the minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
Land may be used and buildings may be erected, altered, enlarged or used only for one or more of the uses permitted in the applicable zone as indicated in Table B.2.6 subject to the dimensional and other requirements of this Ordinance.
No part of a yard, lot area, off-street parking area, or loading area required in connection with any building or use for the purpose of complying with this Ordinance, shall be included as part of a yard, lot area, off-street parking area, or loading area similarly required for any other building or use, except as otherwise provided in this Ordinance.
No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth in Section B.3-1, except as otherwise provided in this Ordinance.
The determination of front, side and rear lot lines for corner lots shall be made by the Director of Inspections. The Director of Inspections shall consult with the property owner at the time of application for a building or zoning permit.
2-3.6 SUBDIVIDED ZONING LOTS WITH WRITTEN AGREEMENTS
When a zoning lot existing as of the effective date of this Ordinance is proposed to be subdivided into two or more zoning lots, the other requirements of the Unified Development Ordinances shall be applied to each of the subdivided lots, provided, however, that the residential density requirements of this Ordinance and the limits of floodway fringe encroachment provisions of Section C.2-3.2(A) may be applied, in whole or in part, to any one or more of the subdivided lots and not to the other lot(s) when such original zoning lot is subdivided under the following conditions:
(A)
Floodplain .....The original zoning lot encompasses property with designated floodplain area per Section C.2.
(B)
GMAs .....The original zoning lot lies partially or completely within GMAs 1, 2, 3 or 4 as designated in Legacy.
(C)
Allocation of Development Rights Between Seller and Purchaser .....The owner of the original zoning lot and the purchaser(s) of a subdivided part have in writing allocated development rights between or among themselves concerning the development of the original zoning lot whereby a right, or any portion thereof, to develop all, or any portion of, a subdivided part of the original zoning lot as permitted in this Ordinance is transferred to, or is retained by, the remaining portion of the original zoning lot. Development of each subdivided part pursuant to the terms of the writing shall meet or exceed the requirements of this Ordinance. The writing shall further provide that the allocation of development rights shall be appurtenant to and run with the land so benefitted and have the effect of imposing a negative easement or restriction upon the servient land.
(D)
Director of Inspections Approval of Plat .....The writing constituting the reallocation of development rights must include, or be represented by, a plat illustrating the reallocation. To be effective, the writing and plat shall be reviewed for compliance with this Ordinance by the Director of Inspections, and if the writing and plat complies with this Ordinance, the Director of Inspections shall stamp his approval upon its face, and the writing and plat must then be recorded at the Forsyth County Register of Deeds. A violation of these requirements shall be a violation of this Ordinance and unlawful.
(WA-UDO-11, § 2, 12-18-08)
2-4 - PERMITTED USES
2-4.1 TABLE B.2.6
Table B.2.6 displays the principal uses allowed in each zoning district and references use conditions. Table B.2.6 should be read in conjunction with the definitions of principal uses and other terms in Section A.2. Land, buildings, and structures shall only be used in accordance with the districts shown on the Official Zoning Maps, and subject to all requirements and conditions specified in this Ordinance.
2-4.2 ESTABLISHED NONCONFORMING USES
Nonconforming uses as regulated in Section B.5-2 shall be permitted.
2-4.3 NEW OR UNLISTED USES OF SIMILAR NATURE
When a use is not listed in Table B.2.6, the Director of Inspections shall classify the use with that use in the schedule most similar and enforce the requirements of the similar listed use.
The uses permitted in the H District are not displayed in Table B.2.6. Please refer to Section B.4-6.1 for permitted uses in the H District.
2-4.5 APPLICATION OF TABLE B.2.6
(A)
Zoning Permit from Director of Inspections .....Uses identified in a particular district column with a Z require only issuance of a zoning permit by the Director of Inspections and shall be allowed in such district with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance.
(B)
Site Plan Approval by Planning Board .....Uses identified in a particular district column with a P shall be permitted in such district upon approval by the Planning Board of a site plan meeting such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.6.
(C)
Special Use Permit Approval by Board of Adjustment .....Uses identified in a particular district column with an A shall be permitted in such district upon approval of a special use permit by the Board of Adjustment with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.6.
(D)
Special Use Permit Approval by Elected Body .....Uses identified in a particular district column with an E shall be permitted in such district upon approval of a special use permit by the Elected Body with such conditions as referenced in the Conditions column, subject to all other applicable requirements of this Ordinance as identified in Section B.2-4.6.
(E)
Conditions Column .....The number in the Conditions column references the subsection of Section B.2-5, i.e., condition 23 refers to Section B.2-5.23.
2-4.6 OTHER DEVELOPMENT REQUIREMENTS OF THE ZONING ORDINANCE
(A)
Additional Development Requirements .....In addition to the regulation of uses pursuant to this Section B.2-4 and the use conditions of Section B.2-5, the following additional development requirements of this Ordinance may apply to specific properties and situations.
(B)
Site Plan Review Conditions .....For uses which require review by the Planning Board, the Board of Adjustment, and/or the Elected Body, or for special use district rezoning requests, additional conditions may be recommended or placed on the use pursuant to Sections B.6-1.3, B.6-1.4, 6-1.5, and B.6-2.2.
Click here for a PDF version of Table B.2.6 PERMITTED USES.
(WA-UDO-13, §§ 3—6, 13, 2-26-09; WA-UDO-15, § 8, 2-24-11; WA-UDO-17, § 2, 7-26-12; WA-UDO-23, § 3, 11-16-17; Ord. of 6-24-21)
2-5 - USE CONDITIONS
2-5.1 ACCESS EASEMENT, PRIVATE OFF-SITE
(A)
Applicability .....Access easements and private streets shall meet the following requirements:
1.
Access easements or private streets that cross any of the following zoning districts: CPO, GO, PB, LB, NSB, HB, GB, LI, GI, CI, and MRB-S [or the respective companion Special Use/Special Use Limited districts] to access a use in the CPO, GO, PB, LB, NSB, HB, GB, LI, GI, CI, and MRB-S [or the respective companion Special Use/Special Use Limited districts] shall be permitted without a special use permit.
2.
All other access easements and private streets that cross a zoning district that does not allow the use being served shall require a special use permit in accordance with Section B.6-1.5.
(B)
Special Use District Zoning .....Notwithstanding the requirements of Section B.2-5.1(A), a private access easement established pursuant to Section B.6-1.5 may serve more than one zoning lot or special use district zones.
(C)
Standards .....Private access easements requiring the issuance of a special use permit in Section B.2-5.1(A) must be designed in conformity with the accepted criteria established for public streets of equivalent width, grade, curvature, intersection locations, and other safety features.
(WA-UDO-15, § 2, 2-24-11)
(A)
As an Accessory Use .....This use is permitted as an accessory use operated by a religious institution on the same zoning lot and also within buildings used for religious activities in all zoning districts.
(B)
Space Requirements .....At least fifty (50) square feet of heated space per person enrolled, or sufficient space to meet State requirements, whichever is greater, shall be provided.
(C)
Hours of Outdoor Activities .....Outdoor activities shall be limited to between 8:00 a.m. and 8:00 p.m.
(D)
Passenger Loading Space .....At least one off-street passenger loading and unloading space separate from the parking area shall be provided for every twenty (20) persons enrolled, plus adequate turnaround.
(E)
Certification .....Certification by the State is required.
(A)
Location .....This use is permitted only in a private residence occupied by the operator or as an accessory use operated by a religious institution on the same zoning lot and within buildings also used for religious activities in all zoning districts.
(B)
Space Requirements .....At least fifty (50) square feet of heated space per person enrolled or space sufficient to meet State standards, whichever is greater, shall be provided.
(C)
Hours of Outdoor Activities .....Outdoor activities shall be limited to between 8:00 a.m. and 8:00 p.m.
(D)
Operating Hours .....Operating hours shall be limited to between 6:00 a.m. and 8:00 p.m.
(E)
Passenger Loading Space .....At least one off-street passenger loading and unloading space separate from the parking area, plus adequate turnaround area, shall be provided.
(F)
Certification .....Certification by the State is required.
(A)
Location .....No activities permitted under State law shall be conducted in adult establishments in the following locations:
(1)
Residential Districts. .....Adult establishments may not be located within a distance of one thousand (1,000) feet from any RM or RS District;
(2)
School. .....Adult establishments may not be located within a distance of one thousand (1,000) feet from any public or private school;
(3)
Child Day Care Center. .....Adult establishments may not be located within a distance of one thousand (1,000) feet from any child day care center;
(4)
Other Adult Establishment. .....Adult establishments may not be located within a distance of one thousand (1,000) feet from any other adult establishment.
(B)
Measurements .....All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed adult establishment is to be located to the nearest point of the lot line or boundary of the closest RM or RS District; elementary, secondary or private school; or adult establishment.
(A)
As an Accessory Use .....In the AG, YR, RS-40 and RS-30 Districts, a private airport is permitted as an accessory use. All dimensional and other requirements of this section must be observed.
(B)
Standards and Permits .....All federal and State standards must be met, and the respective approvals obtained.
(C)
Landing Strip Setbacks .....The landing strip must be set back at least two hundred (200) feet from any adjacent property zoned AG, YR, RS or RM.
(D)
Dimensional Requirements .....Hangars and other structures must observe the dimensional requirements for principal buildings in the zoning district.
(E)
Repair and Maintenance Facilities .....Repair and maintenance facilities are limited to those necessary for the aircraft using the private airport. All such facilities, except fuel storage and pumps, must be located within the hangar.
2-5.6 ANIMAL FEEDING OPERATION
(A)
Size .....The minimum site size for an animal feeding operation is three (3) acres.
(B)
Setbacks .....All structures, buildings or enclosed areas used for housing of poultry, hogs, cattle, or other livestock, shall be a minimum of one hundred (100) feet from all property lines.
The following shall apply to all bed and breakfasts in the RS zones:
(A)
Parking to the Rear .....All off-street parking shall be provided to the rear or to the side of the principal structure. The side parking area may be no closer to the street than the principal structure.
(B)
Buffer Around Parking Area
(1)
Rear Parking Areas. .....All rear parking areas shall be buffered by a type I bufferyard, as defined in Section B.3-5, from adjacent residentially zoned property.
(2)
Side Parking Areas. .....Type I plantings will be provided in the required streetyard. A type II bufferyard, as defined in Section B.3-5, shall be provided if side parking abuts residentially zoned property.
2-5.8 BOARDING OR ROOMING HOUSE
(A)
Minimum Lot Size in RM Districts .....In RM Districts, the minimum lot area shall be determined based on the minimum lot area required for a two-unit dwelling in the district, as shown in Table B.3.3.
(A)
Prohibited in RS zones in GMA 1, 2, 3 .....Except as permitted below in subdivisions, borrow sites shall not be permitted in RS Districts in GMAs 1, 2, and 3.
(B)
Subdivisions .....Borrow sites operated by a developer or builder in conjunction with active development of section(s) of a subdivision within five (5) years of final plat approval, including land grading, removal, or filling within the subdivision where the fill material is placed on sites within said section(s) of a subdivision, are exempt from the use conditions of this section and the Special Use Permit requirements specified in Table B.2.6.
(C)
Easements .....No excavation shall take place within easements for underground transmission lines for oil, natural gas, or other potentially hazardous material.
(D)
Fencing .....Any excavation to a depth greater than five (5) feet shall be fenced. However, no fencing shall be required on any property where such fencing would be impracticable, as determined by the Director of Inspections.
(E)
Hours of Operation .....Except in cases of emergency involving safety on the site, borrow sites shall not be operated on Sunday and may not be operated earlier than 7:00 a.m. nor later than 6:00 p.m. on any other day.
(F)
Access .....The borrow site shall have direct access onto a major or minor thoroughfare unless the site is located in GMAs 4 or 5.
(G)
Grading Permit .....A grading permit must be issued for any borrow site ten thousand (10,000) square feet or more.
(H)
Operational Statement .....The petitioner will file an operational statement with the Inspections Division which shall include the following:
(1)
The approximately date to begin operation and its expected duration.
(2)
Estimated type and volume of extraction.
(3)
Description of method of operation, including the disposition of topsoil, overburden, and by-products.
(4)
Description of equipment to be used in the extraction process.
(5)
Any phasing of the operation and the relationship of the various phases.
(I)
Temporary or Permanent Discontinuance of Operations .....Notice of intent to discontinue temporarily a borrow site shall be filed with the Director of Inspections in advance of such temporary discontinuance. Notice of intent to discontinue permanently a borrow site shall be filed with the Director of Inspections.
(J)
Maintenance .....During any period that a borrow site is discontinued temporarily, the site, along with all structures, machinery, and fencing, shall be properly maintained in a safe and orderly condition.
(K)
Reuse or Rehabilitation of Site .....Notice of permanent discontinuance of a borrow site shall include a plan for reuse or rehabilitation of the site. Except where redevelopment for another permitted use is in progress on the site of a discontinued borrow site, the last operator shall perform the following within one year, except that ground vegetation and revegetation of slopes shall comply with the deadlines contained in Section C.4-7.4(A).
(1)
Buildings and Equipment. .....All buildings and equipment shall be removed;
(2)
Materials. .....All nonregulated waste piles, overburden, and other materials shall be graded so that the material assumes it nature angle of repose. These materials shall be planted with vegetation so as to prevent erosion;
(3)
Water Collection and Drainage. .....Any excavation shall be so graded as to provide for natural drainage; if the collection of water in an excavation is unavoidable, the area shall be fenced.
(L)
Other Requirements .....The operator of any borrow site shall file with the Director of Inspections, in addition to any exhibits required elsewhere in this Ordinance, evidence of ownership or control of property, plans for rehabilitation, and notices of intent, as required herein. The Director of Inspections shall inspect the premises annually to determine that all specific conditions are being met. Violation of the requirements herein shall make the operator liable to the penalties set forth in this Ordinance.
The following conditions shall apply to car wash facilities with manually-operated equipment or automatic machinery (hand wash only facilities with no automated machinery do not have to meet these use conditions:
(A)
Vacuum Facilities .....Vacuum facilities shall meet setbacks of the applicable zoning district.
(B)
Vehicle Stacking .....The facility shall provide for off-street stacking space for five (5) times the number of vehicles which can be accommodated at one time in the facility.
(C)
Traffic Flow .....The facility shall be designed to allow adequate traffic flow for cars to enter and exit the facility safely. No portion of an exit or an entrance shall be less than fifty (50) feet from the right-of-way of an intersection.
(D)
Dry Down Area
(1)
Single Bay or Self-Service Facilities. .....Single bay facilities with automated brushes and multiple bay self-service facilities shall provide space for the parking of one car per bay to be used as a dry down area.
(2)
Conveyors or Chain Drag Systems. .....Facilities utilizing a conveyor or chain drag system for moving motor vehicles through the washing area shall provide adequate space at the building exit to allow for a dry down area of three (3) times the number of vehicles which can be accommodated at one time within the structure.
(A)
Prohibited Districts .....Except as otherwise permitted herein, cemeteries shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2 and 3.
(B)
Requirements .....Licensed cemeteries shall meet all licensing requirements of State law.
(C)
Building Setbacks .....Any building, except a gate house, shall be set back not less than one hundred (100) feet from any exterior property line.
(D)
Grave or Burial Plot Setbacks .....Any grave or burial plot shall be set back not less than fifty (50) feet from any exterior property line, except that any grave or burial plot shall be set back not less than three (3) feet from any property line of an adjacent licensed or unlicensed cemetery.
(E)
Required Yards .....All required yards shall be landscaped with a type I bufferyard and adequately maintained.
(F)
Access .....Licensed cemeteries shall have direct access to a major or minor thoroughfare. Municipal and animal cemeteries containing more than five (5) acres shall have direct access to a major or minor thoroughfare.
(G)
Subdivision .....Cemeteries shall meet the platting and other requirements of the Subdivision Regulations. Unlicensed cemeteries existing at the time of adoption of this Ordinance which have not been platted shall be recorded prior to the issuance of any permit for the property, except cemeteries accessory to and located on the main campus of churches.
(WA-UDO-15, § 8, 2-24-11)
Editor's note— Ord. No. WA-UDO-15, § 8, adopted Feb. 24, 2011, deleted § 2-5.12, which pertained to unlicensed cemeteries.
(A)
As a Principal or Accessory Use .....The use is permitted as a principal use in the zoning districts indicated in Table B.2.6, and as an accessory use operated by a religious institution or school on the same zoning lot and within the same buildings also used for religious or educational activities.
(B)
Indoor Space .....At least twenty-five (25) square feet of inside space shall be provided for each child (based on permitted capacity) if outdoor space is provided as indicated in Section B.2-5.13(C). If less or no outdoor space is provided, at least thirty-five (35) square feet of inside space shall be provided for each child (based on permitted capacity).
(C)
Outdoor Space .....If outdoor play area is provided, it shall be enclosed by a minimum four (4) foot tall security fence. A minimum of one hundred (100) square feet for each child (based on permitted capacity) must be provided to reduce the indoor space requirements in Section B.2-5.13(B).
(A)
Site Size .....The following minimum site sizes shall apply:
(1)
Five (5) acres for twenty-five (25) to seventy-five (75) children;
(2)
Ten (10) acres for seventy-six (76) to one hundred twenty-five (125) children;
(3)
Fifteen (15) acres for one hundred twenty-six (126) to one hundred seventy-five (175) children; and,
(4)
Twenty (20) acres for one hundred seventy-six (176) or more children.
(B)
Setback .....No building, dumpster, or recreation area shall be less than one hundred (100) feet from any property line adjacent to property zoned residential.
(C)
Licensing .....Licensing by the State is required.
(D)
Regulations .....Facilities must conform to all State and local building, fire, and health codes which apply to such facilities.
2-5.15 CHILD CARE (SICK CHILDREN)
(A)
As Principal or Accessory Use .....The use is permitted as a principal use in the zoning districts indicated in Table B.2.6, and as an accessory use for internal service (care provided by an employer to its employees).
(B)
Indoor Space .....At least forty-five (45) square feet of inside space shall be provided for each child (based on permitted capacity).
(C)
Medical Care .....Sufficient medical and nursing coverage with due regard to communicable disease control shall be provided and approved by the State.
(D)
Licensing .....Licensing by the State is required.
(A)
As an Accessory Use .....A Child Day Care Center is permitted as an accessory use as follows:
(1)
Church or Religious Institution. .....In all zoning districts permitting churches or religious institutions on the same zoning lot and within buildings also used for religious activities. A Special Use Permit from the Zoning Board of Adjustment shall be required when this accessory use is located in a zoning district that does not permit Child Day Care Centers as a principal use by right. In other zoning districts that permit Child Day Care Centers as a principal use, this accessory use shall follow the same approval process that is required for such principal use.
(2)
Public or Private Schools With an Enrollment of 300 or More Students. .....In all zoning districts permitting public or private schools when operated by the school on the same zoning lot and within buildings also used for school activities, this accessory use shall follow the same approval process that is required for such principal use.
(3)
Public or Private Schools With an Enrollment of Less Than 300 Students. .....In all zoning districts permitting public or private schools when operated by the school on the same zoning lot and within buildings also used for school activities. A Special Use Permit from the Zoning Board of Adjustment shall be required when this accessory use is located in a zoning district that does not permit Child Day Care Centers as a principal use by right. In other zoning districts that permit Child Day Care Centers as a principal use, this accessory use shall follow the same approval process that is required for such principal use.
(B)
Conditions .....Child Day Care Centers must meet the following conditions in all districts when operated as a principal or an accessory use:
(1)
Indoor Space. .....At least twenty-five (25) square feet of inside space shall be provided for each child enrolled.
(2)
Outdoor Space. .....Outdoor play area of one hundred (100) square feet for each child enrolled, with four thousand (4,000) square feet minimum, shall be provided, except that in the CB, CB-S, PB, and PB-S Districts the outdoor play area requirements shall be the same as that required by the North Carolina Day Care Licensing Bureau; such outdoor play area shall be enclosed by a minimum four (4) foot tall security fence. Outdoor activities are limited to the fenced area between 8:00 a.m. and 10:00 p.m.
(3)
Passenger Loading Space. .....At least one off-street passenger loading/unloading space separate from parking shall be provided for each twenty (20) children enrolled, plus adequate turnaround area. The loading/unloading spaces and turnaround areas are required in all districts, including the CB and CI Districts.
(4)
Safety. .....The review and approval of site plans by the staff and approving authorities should give special consideration to internal traffic circulation and safety of the children on the site.
(5)
Licensing. .....Licensing by the State is required.
(WA-UDO-15, § 2, 2-24-11)
2-5.17 CHILD DAY CARE (LARGE HOME)
(A)
As a Principal or Accessory Use .....This use is permitted only in a private residence occupied by the licensed operator in RS and RM Districts, or as an accessory use operated by a religious institution on the same zoning lot and within buildings also used for religious activities in all zoning districts.
(B)
Indoor Space .....At least twenty-five (25) square feet of heated inside space shall be provided for each child enrolled.
(C)
Outdoor Space .....Outdoor play area of one hundred (100) square feet for each child enrolled, with a two thousand (2,000) square foot minimum, shall be provided. Such outdoor play area shall be enclosed by a minimum four (4) foot tall security fence. Outdoor activities shall be limited to the fenced area between 8:00 a.m. and 8:00 p.m.
(D)
Passenger Loading Space .....At least one off-street passenger loading or unloading space separate from parking shall be provided, plus adequate turnaround area. The loading/unloading spaces and turnaround area are required in all districts, including the CB District.
(E)
Licensing .....Licensing by the State is required.
2-5.18 CHILD DAY CARE (SMALL HOME)
(A)
Location .....This use is permitted only in a private residence occupied by the licensed operator or as an accessory use operated by a religious institution on the same zoning lot and within buildings also used for religious activities in all zoning districts.
(B)
Indoor Space .....At least twenty-five (25) square feet of inside space shall be provided for each child enrolled.
(C)
Outdoor Space .....Outdoor play area of one hundred (100) square feet for each child enrolled, with an eight hundred (800) square feet minimum, shall be provided; such outdoor play area shall be enclosed by a minimum four (4) foot tall security fence. Outdoor activities shall be limited to the fenced area between 8:00 a.m. and 8:00 p.m.
(D)
Registration .....Registration with the State is required.
2-5.19 CHURCH OR RELIGIOUS INSTITUTION, COMMUNITY SCALE
(A)
Access .....The site shall have direct access to a major or minor thoroughfare or a collector street.
(B)
Impervious Surface Cover .....In RS Districts, impervious surface cover for all church or religious institution property within the block of the principal building shall not exceed sixty percent (60%), however impervious surface cover in the RS and IP Districts may be increased to seventy-five percent (75%) with staff approval of a landscaping plan which demonstrates greater tree canopy coverage of parking area by doubling the planting ratio of Section B.3-4.3(C)(4) and reducing by at least one-half the spacing requirements of Section B.3-4.3(C)(5). In other districts, churches are subject to the impervious surface cover requirements of the underlying zone.
(C)
Bufferyard .....All buildings and parking areas on site shall be buffered by a type I bufferyard, as described in Section B.3-5, from adjacent residentially zoned property.
(D)
Parking .....Off-site parking may be used to meet up to fifty percent (50%) of on-site parking requirements upon recommendation of the City Department of Transportation regarding the safety of potential on-street parking. A special use permit from the Board of Adjustment is required.
2-5.20 CHURCH OR RELIGIOUS INSTITUTION, NEIGHBORHOOD SCALE
(A)
Impervious Surface Cover .....In RS Districts, impervious surface cover for all church or religious institution property within the block of the principal building shall not exceed sixty percent (60%), however impervious surface cover in the RS and IP Districts may be increased to seventy-five percent (75%) with staff approval of a landscaping plan which demonstrates greater tree canopy coverage of parking areas by doubling the planting ratio of Section B.3-4.3(C)(4) and reducing by at least one-half the spacing requirements of Section B.3-4.3(C)(5). In other districts, churches are subject to the impervious surface cover requirements of the underlying zone.
(B)
Buffering of Parking Areas .....All parking areas on site shall be buffered by a type I bufferyard, as described in Section B.3-5, from adjacent residentially zoned property.
(C)
Parking .....Off-site parking may be used to meet up to fifty percent (50%) of on-site parking requirements, upon recommendation of the City Department of Transportation regarding the safety of potential on-street parking. A special use permit from the Board of Adjustment is required.
The following conditions apply in the IP District:
(A)
Minimum Size .....The minimum site size shall be one acre.
(B)
Access .....The site shall have direct access to a collector street, or major or minor thoroughfare.
(C)
Setbacks .....No structure or outdoor recreation area shall be located less than forty (40) feet from any property line adjacent to residentially zoned property.
(D)
Public Address Systems .....Public address systems shall not be permitted except within a building.
(A)
Dwelling Unit Location .....No dwelling unit(s) shall be located at ground level fronting the street.
(B)
NO and NB Districts .....In the NO and NB Districts a maximum of two (2) residential dwelling units per building are permitted.
Editor's note— Ord. No. WA-UDO-15, § 8, adopted Feb. 24, 2011, deleted § 2-5.23, which pertained to congregate care facilities.
2-5.24 CORRECTIONAL INSTITUTION
In CB and CI Districts, additional setbacks may be required to preserve important view corridors and/or create open space, at the discretion of the Director of Planning.
(A)
Prohibited in RS Zones in GMA 1, 2, 3. .....Dirt storage shall not be permitted in RS Districts in GMA1, 2, and 3.
(B)
Subdivisions .....Dirt storage areas operated by a developer or builder in conjunction with active development of section(s) of a subdivision within five (5) years of final plat approval, including land grading, removal, filling, or storage within the subdivision where the fill material is placed on sites within said section(s) of a subdivision, are exempt from the use conditions of this section and the Special Use Permit requirements specified in Table B.2.6.
(C)
Access .....Access to the dirt storage area shall be controlled with security fencing or other barrier to vehicular access.
(D)
Fencing .....Dirt storage sites which are residentially zoned and lie within one hundred (100) feet of an adjacent property shall be completely enclosed with security fencing of a minimum six (6) feet in height. Any existing natural or constructed barrier approved by the Director of Inspections may be used in place of part of the fencing.
(E)
Bufferyard and Landscaping .....No bufferyard landscaping according to Section B.3-5 is required if a permit for dirt storage is granted for less than six (6) months, and the site remains at least one hundred (100) feet off the property line and the intervening area is left undisturbed. Where a bufferyard is required, a dirt storage site is considered a high intensity use. Streetyard landscaping meeting the standards of Section B.3-4 shall be installed on the outside of the security fencing along any adjacent public street right-of-way.
(F)
Permit Duration and Renewals .....The Board of Adjustment shall issue permit approvals for dirt storage sites which shall be valid for a maximum of three (3) years, after which time renewals may be granted for up to three (3) years at a time.
(G)
Rehabilitation/Reuse Plan .....A rehabilitation/reuse plan shall accompany the permit or site plan application, and shall be implemented by the owner of the site within the deadlines for establishing ground cover and slope revegetation contained in Section C.4-7.4(A).
(H)
Temporary Discontinuance .....Notice of intent to discontinue temporarily a dirt storage site shall be filed with the Director of Inspections in advance of such temporary discontinuance. Notice of intent to discontinue permanently a dirt storage operation shall be filed with the Director of Inspections.
(I)
Maintenance .....During any period that a dirt storage operation is temporarily discontinued, the site, along with all structures, machinery, and fencing, shall be properly maintained in a safe and orderly condition.
(A)
A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts.
(B)
A family care home shall not be located within a one-half mile radius of an existing family care home.
(Ord. of 6-24-21)
(A)
Management .....If not State licensed, the Family Group Home B shall have written operating procedures or manuals, established goals and objectives for persons receiving therapy or treatment, a structured system of management with a Board of Directors, and on-premises management/supervisory personnel.
(B)
Minimum Lot Area .....In RM Districts, the minimum lot area of a Family Group Home B shall be determined based on the minimum lot area required for a two (2) unit dwelling in the district, as shown in Table B.3.3.
(Ord. of 6-24-21)
Editor's note— An Ord. adopted June 24, 2021 renumbered former § 2-5.26 as 2-5.27 and amended the title of the same by removing "family group home A."
(A)
Management .....If not State licensed, the Family Group Home C shall have written operating procedures or manuals, established goals and objectives for persons receiving treatment or therapy, a structured system of management with a Board of Directors, and on-premises management/supervisory personnel.
(B)
Minimum Lot Area .....In RM-12, RM-18, and RM-U Districts, the minimum lot area shall be based on Table B.3.3 with four (4) residents equal to one dwelling unit. In the IP District, the minimum lot area shall be calculated in the same manner based on the requirements of the RM-8 District.
(C)
Heated Building Area .....One hundred (100) square feet of heated building shall be provided per resident.
(D)
Spacing Requirement .....A Family Group Home C may not be located within a distance of two thousand five hundred (2,500) feet from any other Family Group Home C. All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed Family Group Home is to be located to the nearest point of the lot line of another Family Group Home.
(Ord. of 6-24-21)
Editor's note— An Ord. adopted June 24, 2021 renumbered former § 2-5.27 as 2-5.28.
In the AG, RS-40, RS-30, RS-20, RS-15, and YR Districts, the following conditions shall apply:
(A)
Setbacks .....No building or fishing area shall be located less than one hundred (100) feet from any property line.
(B)
Parking Areas .....Parking areas shall be located not less than one hundred (100) feet from the right- of-way of any public street or other property line.
(Ord. of 6-24-21)
Editor's note— An Ord. adopted June 24, 2021 renumbered former § 2-5.28 as 2-5.29.
The following conditions apply in the RM Districts:
(A)
Minimum Site Size .....The minimum site size shall be one-half acre.
(B)
Setbacks .....No structure, or outdoor gathering or recreation area shall be located less than forty (40) feet from any property line adjacent to property zoned for residential use.
(C)
Public Address Systems .....Public address systems shall not be permitted, except within buildings.
(Ord. of 6-24-21)
Editor's note— An Ord. adopted June 24, 2021 renumbered former § 2-5.29 as 2-5.30.
(A)
Setbacks .....No building shall be nearer to any property line than one hundred (100) feet.
(B)
Hours of Operation .....In RS and RM Districts, hours of operation shall be limited to between the hours of 6:00 a.m. and 10:00 p.m.
(C)
Lighting .....In RS and RM Districts, no lighting is permitted for nighttime outdoor operations, including accessory golf driving ranges.
(D)
YR District .....In the YR District, best management practices for the protection of water quality shall be utilized in golf course design and operation.
(Ord. of 6-24-21)
Editor's note— An Ord. adopted June 24, 2021 renumbered former § 2-5.30 as 2-5.31.
2-5.32 GROUP CARE FACILITY A, GROUP CARE FACILITY B
(A)
Management .....If not State licensed, the Group Care Facility A or B shall have written operating procedures or manuals, established goals and objectives for persons receiving therapy or treatment, a structured system of management with a Board of Directors, on-premises management/supervisory personnel, and admission standards that allow only residents that have a commitment and desire to adjust to society and are not dangerous to others as defined in State law.
(B)
Minimum Lot Area .....In RM-12, RM-18, and RM-U Districts, the minimum lot area shall be based on Table B.3.3 with four (4) residents equal to one dwelling unit.
(C)
Heated Building Area .....One hundred (100) square feet of heated building shall be provided per resident.
(D)
Limits on Accessory Production Activities .....Accessory production of goods shall occur only within the principal structure. The area used for production activities shall not exceed twenty-five percent (25%) of the gross floor area of the principal structure.
(E)
Spacing Requirement .....A Group Care Facility may not be located within a distance of two thousand five hundred (2,500) feet from any other Group Care Facility. All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed Group Care Facility is to be located to the nearest point of the lot line of another Group Care Facility.
(F)
Display of Goods .....No outside or inside display of any goods or products is allowed on the property.
(G)
Prohibition on Retail Sales .....No retail sales shall take place in the facility.
(H)
Signage .....Only one sign with a maximum of one square foot of copy area may be erected on the property.
2-5.33 HABILITATION FACILITY A
(A)
As an Accessory Use .....This use is permitted as an accessory use operated by a church or religious institution on the same zoning lot and within buildings also used for religious activities in all zoning districts.
(B)
Inside Space .....At least one hundred (100) square feet of heated space shall be provided for each person enrolled.
(C)
Outdoor Play Area .....Outdoor play area of one hundred (100) square feet for each person enrolled, with a four thousand (4,000) square foot minimum shall be provided. Such outdoor play area shall be enclosed by a minimum five (5) foot high security fence if the facility provides services for children under the age of eighteen (18) years old. Fencing of said play area is optional if the facility does not provide services for children under the age of eighteen (18) years old. Outdoor activities shall be limited to the fenced area between 8:00 a.m. and 8:00 p.m.
(D)
Passenger Loading Space .....At least one off-street passenger loading or unloading space separate from the parking area shall be provided, plus adequate turn around.
(E)
Licensing .....Licensing by the State is required.
2-5.34 HABILITATION FACILITY B OR C
(A)
Permitted as an Accessory Use .....This use is permitted as an accessory use operated by a church or religious institution on the same zoning lot and within buildings also used for religious activities in all zoning districts.
(B)
Inside Space .....At least one hundred (100) square feet of heated space shall be provided for each person enrolled.
(C)
Outdoor Play Area .....Outdoor play area of one hundred (100) square feet for each person enrolled with a four thousand (4,000) square foot minimum shall be provided. Such outdoor play area shall be enclosed by a minimum five (5) foot high security fence if the facility provides services for children under the age of eighteen (18) years old. Fencing of said play area is optional if the facility does not provide services for children under the age of eighteen (18) years old.
(D)
Passenger Loading Space .....At least one off-street passenger loading or unloading space separate from parking shall be provided for each twenty (20) persons enrolled, plus adequate turn around. The loading/ unloading spaces and turnarounds are required in all districts, including the CB District.
(E)
Licensing .....Licensing by the State is required.
2-5.35 HAZARDOUS WASTE MANAGEMENT FACILITY
Approval of a special use permit by the Elected Body shall be subject to the following:
(A)
Use Conditions
(1)
Compliance with Applicable Laws. .....The establishment and operation of any hazardous waste management facility must comply with all applicable federal and State laws.
(2)
Size. .....The minimum site size shall be ten (10) acres.
(3)
Setbacks. .....All facilities, including internal roads, shall be located at least two hundred (200) feet from any exterior property line and at least one thousand three hundred twenty (1,320) feet from any residential or institutional district.
(4)
Floodplains or Wetlands. .....All storage and handling of hazardous waste shall occur at least five hundred (500) feet from a designated floodplain or wetland area.
(5)
Storage of Hazardous Waste. .....Storage of hazardous waste shall be above ground and in a manner consistent with applicable State or federal regulations covering each specific stored waste.
(6)
Surface Water and Groundwater. .....All surface water and groundwater on the property will be protected so as to minimize to the greatest possible extent, using the best technology available, the probability of contamination by hazardous waste.
(7)
Water Supply Watersheds. .....No hazardous waste management facility shall be located within a public surface water supply watershed as designated by the North Carolina Department of Environment and Natural Resources (DENR) and the Public Health Department.
(8)
Public Sewer and Stormwater Systems. .....All public sewer and stormwater management systems on the property will be protected so as to minimize to the greatest possible extent using the best available technology, the probability of contamination by hazardous waste.
(9)
Fences. .....A chain link security fence, minimum six (6) feet in height, shall enclose all facilities for the storage and handling of hazardous waste.
(10)
Landscaping. .....Streetyard landscaping meeting the standards of Section B.3-4 shall be installed outside the required fencing along any adjacent public street right-of-way.
(11)
Access. .....Vehicular access to the facility will be provided on a major or minor thoroughfare or on a road improved to necessary industrial capacity as determined by the Director of Public Works for the City of Winston-Salem or the North Carolina Department of Transportation for Forsyth County.
(12)
Governmental Certification. .....A certification from the appropriate local, State, and/or federal agencies that the use for the proposed site is in compliance with the appropriate local, State, and/or federal regulations governing air quality, water quality, and wastewater discharge shall be required.
(A)
Standards and Requirements .....All heliports and helistops will meet the standards and requirements imposed by the Federal Aviation Administration and all other federal, State, or local agencies having jurisdiction.
(B)
Site Size .....The minimum site size of helicopter terminal facilities shall be:
(1)
Helistops. .....One hundred (100) feet in width by one hundred (100) feet in length for a rectangular area, or one hundred twenty (120) feet in diameter for a circular area.
(2)
Heliports. .....Two hundred (200) feet in width by four hundred (400) feet in length for a rectangular area, or three hundred twenty-five (325) feet in diameter for a circular area.
(C)
Hours of Operation .....Nonemergency use of heliports and helistops between the hours of 10:00 p.m. and 6:00 a.m. is prohibited. Emergencies excepted are for public safety or medical purposes.
(D)
Setbacks .....Landing pads for on-grade helistops and heliports shall be set back a minimum of one hundred (100) feet from any property line and four hundred (400) feet from any building used for residential purposes, public or private schools, hospitals, or public parks.
(E)
Location .....Heliports shall be located a minimum one thousand (1,000) feet from other heliports or on-ground helistops and fifty (50) feet from the easements for high voltage transmission lines.
(F)
Access .....An on-ground helistop or heliport shall be surrounded by a fence or other barrier which prohibits access except at a controlled access point. Adequate access for fire and other emergency vehicles shall be provided to on-ground sites.
(G)
Design Standards .....Federal Aviation Administration standards for design of helicopter landing pads, taxiways, parking positions, and pavement grades shall be met. The helistop or heliport landing area shall be constructed of a material free of dust and loose particles which may be blown about by the down blast of the helicopter rotor. Adequate drainage shall be provided for the site and approved by the local jurisdiction.
(H)
Lighting .....Lighting for helistops or heliports is to be provided according to Federal Aviation Administration requirements and is to be oriented as much as possible away from adjacent uses.
(I)
Approach Surfaces .....Approach surfaces and transitional surfaces for landings and take-offs must be sufficiently clear of obstructions to meet Federal Aviation Administration slope standards. If necessary, a curved approach may be used. The landing area shall be aligned to give maximum into-the-wind operation.
(J)
Location on Structures .....Heliports may not be located on structures. Helistops located on structures require certification of the structure's integrity by an engineer.
(K)
Setback Adjustments .....All setback and distance requirements for elevated helistops may be reduced one foot for each one foot of the elevation above ground level.
(L)
Operation at an Airport .....A heliport or helistop may be operated at an airport facility with the approval of the Federal Aviation Administration and airport administration.
(A)
Location and Setbacks .....Indoor kennels services may be permitted in attached buildings; however, any end unit in an attached building or any freestanding building containing such a use must be set back at least twenty (20) feet from any side lot line and forty (40) feet from any rear lot line. Any end unit of an attached building or any freestanding building containing such a use abutting a residential district shall be set back not less than forty (40) feet from any residential boundary.
(B)
Enclosure of Facilities .....The indoor kennel services use shall be fully enclosed. There shall be no outside runs or exercise areas for animals or pets. Any outside use of the property for the animals or pets must be supervised and on leashes.
(A)
Lot Size .....Any kennel shall occupy a zoning lot of not less than five (5) acres.
(B)
Setbacks and Bufferyards .....Kennel or exercise area may be located within one hundred (100) feet of any street or property line with the installation of a type IV bufferyard as required in Section B.3-5.2(1)(e). No bufferyard will be required if the kennel or exercise area is setback at least one hundred eighty (180) feet from any street or property line.
(C)
Outside Runs .....Any outside run for animals or pets shall be enclosed on a minimum of three (3) sides with a wall of cement block or similar construction not less than four (4) feet in height.
2-5.38 LANDFILL, CONSTRUCTION AND DEMOLITION
(A)
Prohibited Districts .....Construction and demolition landfills shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2 and 3.
(B)
Compliance with State and Federal Laws .....The establishment and operation of any landfill must comply with all applicable federal and State laws.
(C)
Watersheds, Floodplains, and Wetlands .....No landfill disposal areas shall be located in a designated water supply watershed, floodplain, or wetland area, or block a natural drainage way so that water is impounded.
(D)
Bufferyard .....A minimum one hundred (100) foot bufferyard area is required along all property lines and public rights-of-way. No landfill activities, including parking, access roads, buildings, or disposal shall occur in the bufferyard area. Roads for access to the site may cross the one hundred (100) foot area and monitoring wells may be located within the one hundred (100) foot area. All existing trees within the bufferyard area shall be preserved, except to allow for construction of necessary road crossings and monitoring wells.
(E)
Landscape Plantings .....Landscape plantings meeting the standards of the type IV bufferyard, defined in Section B.3-5, are required in the bufferyard area along all property lines and public rights-of-way regardless of the adjacent zoning. Existing plant material may be included in the computation of the required plantings with approval of the Director of Inspections.
(F)
Fencing .....A chain link security fence, minimum six (6) feet in height, shall enclose the entire site. The fence may be placed inside the one hundred (100) foot bufferyard area with approval of the Director of Inspections.
(G)
Access .....Vehicular access to the landfill site shall be provided on a major or minor thoroughfare or on a road improved to necessary industrial capacity as determined by the Director of Public Works for the City of Winston-Salem or the North Carolina Department of Transportation for Forsyth County.
(H)
Reclamation Plan .....Developer shall file in the office of the Register of Deeds, prior to issuance of a certificate of occupancy, a reclamation plan for the reuse of the site. Such plan shall indicate that the developer, or other entity approved by the Elected Body, shall remain the owner and be liable for the site forever or until the Elected Body approval is given to release this requirement.
2-5.39 LANDFILL, LAND CLEARING AND INERT DEBRIS
(A)
State Law .....Land clearing and inert debris landfills (LCID) shall comply with State law.
(B)
Exemption
(1)
Beneficial Fill. .....Land clearing and inert debris landfills which affect areas ten thousand (10,000) square feet or less and in which the fill material consists only of inert debris strictly limited to concrete, brick, concrete block, uncontaminated soil, rock, gravel, and asphalt, shall be exempt from the use conditions of this section and either the Planning Board Review or Board of Adjustment Special Use Permit requirements specified in Table B.2.6.
(2)
Within Subdivisions. .....Land clearing and inert debris landfills operated by a developer or builder in conjunction with active development of section(s) of a subdivision within five (5) years of final plat approval, including land grading, removal or filling within the subdivision where the fill material is obtained from within the subdivision and is placed on sites within said section(s) of a subdivision, are exempt from the use conditions of this section and the Special Use Permit requirements specified in Table B.2.6.
(C)
Access .....Access to the land clearing and inert debris landfill area shall be controlled with security fencing or other barrier to vehicular access.
(D)
Fencing .....Land clearing and inert debris landfills which are residentially zoned and lie within a block in which at least fifty percent (50%) of the lots are developed, or where either of the adjacent lots are developed, shall be completely enclosed with security fencing of a minimum six (6) feet in height. Any existing natural or constructed barrier approved by the Director of Inspections may be used in place of part of the fencing.
(E)
Bufferyard and Landscaping .....No bufferyard landscaping according to Section B.3-5 is required if a permit for the land clearing and inert debris landfill is granted for less than six (6) months or the land clearing and inert debris landfill site remains at least one hundred (100) feet off the property line, and the intervening area is left undisturbed. Where a bufferyard is required, a land clearing and inert debris landfill is considered a high intensity use. Streetyard landscaping meeting the standards of Section B.3-4 shall be installed on the outside of the security fencing along any adjacent public street right-of-way.
(F)
Permit Duration and Renewals .....Any land clearing and inert debris landfills which received approval from the State of North Carolina Department of Environment and Natural Resources (DENR) and were established prior to December 31, 1994, and for which a valid State permit has been continuously maintained shall not be required to obtain a special use permit from the Board of Adjustment. All other land clearing and inert debris landfills must obtain a special use permit from the Board of Adjustment. Said permit shall be valid for a maximum of three (3) years, after which time renewals may be granted for up to three (3) years at a time.
(G)
State Permit Approval .....No permits or site plans for land clearing and inert debris landfills shall be approved until all plans, including plans for rehabilitation of sites, have been reviewed and approved by the North Carolina Department of Environment and Natural Resources (DENR).
(H)
Rehabilitation/Reuse Plan .....Developer shall file in the office of the Register of Deeds a record of use of the site for a landfill and a rehabilitation/reuse plan for the site, prior to the issuance of a zoning or grading permit. Said plan shall be implemented by the owner of the site within six (6) months of discontinuance of the land clearing and inert debris landfill operation or expiration of the permit.
(I)
Temporary Discontinuance .....Notice of intent to discontinue temporarily a land clearing and inert debris landfill shall be filed with the Director of Inspections in advance of such temporary discontinuance. Notice of intent to discontinue permanently a land clearing and inert debris landfill operation shall be filed with the Director of Inspections not less than three (3) months in advance.
(J)
Maintenance .....During any period that a land clearing and inert debris landfill operation is temporarily discontinued, the site, along with all structures, machinery, and fencing shall be properly maintained in a safe and orderly condition.
(K)
Schedule for Improvements .....All land clearing and inert debris landfills existing as of the effective date of this Ordinance shall comply with all requirements of this section within two (2) years of the effective date of this Ordinance.
(L)
Siting Criteria .....The siting criteria for land clearing and inert debris landfills, found in Solid Waste Management Rules, 15 A NCAC 138, Section .0564, shall be followed.
(M)
Accessory Uses .....The Zoning Board of Adjustment may issue a permit for the separation, processing, storage, or wholesale sale of materials received through lawful operation of the land clearing and inert debris (LCID) landfill on the site as an accessory use on the site of an LCID, provided such activities occur within the original boundaries of the State-approved LCID landfill and are conducted at least one hundred feet from any adjacent zoning lot zoned RS or RM. No permit shall be required for those land clearing and inert debris (LCID) landfills established prior to December 31, 1994, to which Section B.2-5.39(F) applies.
(N)
Hours of Operation .....In RS and RM Districts, the hours of operation shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Approval of a special use permit by the Elected Body shall be subject to the following conditions:
(A)
Prohibited Districts .....Landfills, sanitary, shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2 and 3.
(B)
Compliance with State and Federal Laws .....The establishment and operation of any landfill must comply with all applicable federal and State laws.
(C)
Watersheds, Floodplains, and Wetlands .....No landfill disposal areas shall be located in a floodplain or wetland area, nor block a natural drainage way so that water is impounded. No new landfills shall be located in a designated water supply watershed. Expansion of legally existing landfills in water supply watersheds shall be permitted. The expansion is limited to contiguous land area and must be in accordance with North Carolina Solid Waste Rules and other provisions of this Ordinance.
(D)
Bufferyard .....A minimum one hundred (100) foot bufferyard area is required along all property lines and public rights-of-way. No landfill activities, including parking, access roads, buildings, or disposal shall occur in the bufferyard area. Roads for access to the site may cross the one hundred (100) foot area and monitoring wells may be located within the one hundred (100) foot area. All existing trees within the bufferyard area shall be preserved, except to allow for construction of necessary road crossings and monitoring wells.
(E)
Landscape Plantings .....Landscape plantings meeting the standards of the type IV bufferyard, defined in Section B.3-5, are required in the bufferyard area along all property lines and public rights-of-way regardless of the adjacent zoning. Existing plant material may be included in the computation of the required plantings with approval of the Director of Inspections.
(F)
Fencing .....A chain link security fence, minimum six (6) feet in height, shall enclose the entire site. The fence may be placed inside the one hundred (100) foot bufferyard area with approval of the Director of Inspections.
(G)
Access .....Vehicular access to the landfill site shall be provided on a major or minor thoroughfare or on a road improved to necessary industrial capacity as determined by the Director of Public Works for the City of Winston-Salem or the North Carolina Department of Transportation for Forsyth County.
(H)
Reclamation Plan .....Developer shall file in the office of the Register of Deeds, prior to issuance of a certificate of occupancy, a reclamation plan for the reuse of the site. Such plan shall indicate that the developer, or other entity approved by the Elected Body, shall remain the owner and be liable for the site forever or until the Elected Body approval is given to release this requirement.
The following conditions apply in the RS and RM Districts:
(A)
Access .....The site shall have direct access to a major or minor thoroughfare.
(B)
Building Size .....The building square footage shall not exceed ten thousand (10,000) square feet.
(C)
Site Size .....The maximum site size shall be five (5) acres.
Use conditions and approval requirements for a planned residential development shall apply to a Life Care Community.
(A)
Consistent with Neighborhood .....The use shall be conducted within an existing building or a building with a scale and massing consistent with the structures in the neighborhood in which the building is located.
(B)
Dimensional Requirements .....Any structure shall comply with all dimensional requirements of the applicable district. If applicable, the older neighborhood provisions of Section B.3-8 may apply.
(C)
Student Housing .....In buildings used for student housing, a minimum of two hundred fifty (250) square feet of gross floor area shall be provided for each student resident.
(D)
Impervious Surface Cover .....Impervious surface cover of the lot shall not exceed sixty percent (60%).
(E)
Proximity to Campus District .....The use must be conducted within a structure which is entirely within five hundred (500) feet of the C District.
(F)
Access .....The limited campus use must be located on a major or minor thoroughfare unless the lot is adjacent to land zoned C (Campus District).
(G)
Bufferyards .....A type I bufferyard shall be installed adjacent to residential zoning at the discretion of the Planning Board.
(H)
Off-Street Parking .....All off-street parking shall be to the rear of the structure.
2-5.44 MANUFACTURED HOME, CLASS A
Each Class A manufactured home shall meet the following criteria in all districts in which it is permitted, except the MH District:
(A)
Orientation .....The longest axis shall be oriented parallel or within a ten (10) degree deflection of being parallel to the lot frontage, unless other orientation is permitted by the Board of Adjustment following a public hearing.
(B)
Foundation .....The manufactured home shall be set up in accordance with the standards established by the North Carolina Department of Insurance. In addition, a continuous, permanent, brick foundation or brick curtain wall constructed in accordance with the standards of the State Residential Building Code, unpierced except for required ventilation and access, shall be installed under the perimeter. No continuous, brick foundation or brick curtain wall shall be required if the Manufactured Home, Class A is installed as a detached accessory dwelling on the same lot with a principal dwelling in accordance with Section B.2-6.4(C).
(C)
Entrances .....Stairs, porches, entrance platforms, ramps, and other means of entrance and exit shall be installed or constructed in accordance with the standards set by the State Building Code, attached firmly to the primary structure. Stairs meeting the NC Building Code shall be used in conjunction with a porch or entrance platform with a minimum of twenty-four (24) square feet.
(D)
Occupancy .....No manufactured home shall be used as a storage building. No manufactured home in a residential zoning district shall be permitted to remain unoccupied for more than sixty (60) days.
(E)
Previously Approved Class A Manufactured Home .....Any Class A manufactured home permitted through the Board of Adjustment prior to the effective date of this Ordinance, but which is no longer permitted under Table B.2.6, may request a renewal of the permit from the Board of Adjustment according to Section B.6-1.4(A).
(WA-UDO-23, § 2, 11-16-17)
2-5.45 MANUFACTURED HOME, CLASS B OR CLASS C
(A)
Set Up .....Each Class B or Class C manufactured home shall be set up in accordance with the standards established by the North Carolina Department of Insurance.
(B)
Skirting .....Each Class B or Class C manufactured home shall have skirting installed in accordance with the following requirements:
(1)
Material. .....Skirting shall be of noncombustible material or material that will not support combustion. Skirting material shall be durable and suitable for exterior exposures.
(2)
Wood Framing. .....Any wood framing used to support the skirting shall be of approved moisture resistant treated wood.
(3)
Venting. .....The skirting shall be vented in accordance with State requirements.
(4)
Installation. .....Skirting manufactured specifically for this purpose shall be installed in accordance with the manufacturer's specifications.
(5)
Maintenance. .....Skirting shall be properly maintained.
(C)
Previously Approved Class B or C Manufactured Home .....Any Class B or C manufactured home permitted through the Board of Adjustment prior to the effective date of this Ordinance, but which is no longer permitted under Table B.2.6, may request a renewal of the permit from the Board of Adjustment according to Section B.6-1.4(A).
(D)
Occupancy .....No manufactured home shall be used as a storage building. No manufactured home in a residential zoning district shall be permitted to remain unoccupied for more than sixty (60) days.
2-5.46 MANUFACTURED HOME, CLASS D
(A)
Temporary Use .....A Class D manufactured home is allowed as a temporary use in conformance with Section B.2-7.2(H).
(B)
Existing Manufactured Home .....Class D manufactured homes lawfully existing at the time of adoption of this Ordinance may remain, but if removed, may only be replaced with a Class A, B or C manufactured home or other use permitted in that zoning district.
(C)
Occupancy .....No manufactured home shall be used as a storage building. No manufactured home in a residential zoning district shall be permitted to remain unoccupied for more than sixty (60) days
2-5.47 MANUFACTURED HOUSING DEVELOPMENT
(A)
Site Size and Dimensional Requirements
(1)
Minimum Size. .....The minimum size of a zoning lot to be used as a manufactured housing development shall be four (4) acres for initial development.
(2)
Minimum Width. .....The minimum width of a zoning lot to be used as a new manufactured housing development shall be two hundred fifty (250) feet. The site width shall be measured at the manufactured home space closest to the front lot line of the development.
(3)
Lot Size. .....Each manufactured home space shall have a minimum area of four thousand (4,000) square feet with a minimum width of forty (40) feet for singlewide homes and a minimum area of five thousand (5,000) square feet with a minimum width of fifty (50) feet for multisectional units.
(4)
Setbacks. .....Each manufactured home space shall meet the following setback requirements:
(a)
Front Yard. The minimum front yard shall be twenty (20) feet.
(b)
Rear Yard. The minimum rear yard shall be ten (10) feet.
(c)
Side Yard. The minimum side yard shall be five (5) feet, with a combined width of both side yards of fifteen (15) feet.
(B)
Minimum Number of Spaces .....A manufactured home development shall contain no fewer than ten (10) manufactured home spaces for initial development.
(C)
Density .....The maximum density of a manufactured housing development shall not exceed five (5) spaces per gross acre; with the exception that the maximum density may be increased to five and one-half (5.5) manufactured home spaces per gross acre when at least twelve percent (12%) of the gross site area is in common recreation area.
(D)
Utilities
(1)
Location. .....All utilities within a manufactured home development shall be located underground.
(2)
Water. .....Connection to a public water system and installation of fire hydrants meeting the standards of the appropriate jurisdiction are required.
(3)
Sewer. .....Connection to a public sewer system or installation of an approved package treatment plant is required.
(E)
Bufferyards .....A type II bufferyard of a minimum width of thirty (30) feet shall be established along each exterior property line, except where adjacent to a private street or public right-of-way not internal to the development. Along external private streets or public rights-of-way, a type II bufferyard of a minimum of fifty (50) feet shall be established.
(F)
Access
(1)
External Access. .....No manufactured home space shall have direct vehicular access to a public or private street outside the development.
(2)
Internal Access. .....Each manufactured home space shall have direct vehicular access to an internal private access easement and street.
(G)
Common Recreation Area .....A minimum of four thousand (4,000) square feet or one hundred (100) square feet per manufactured home, whichever is greater, of common recreation area shall be provided in accordance with the standards of Section B.3-6.
(H)
Manufactured Home Spaces
(1)
Construction. .....Each manufactured home space shall be constructed in compliance with the North Carolina Manufactured Home Code.
(2)
Patio or Deck Area. .....A patio or deck area, constructed of concrete, brick, flagstone, wood, or other hard surface material and being a minimum of one hundred forty-four (144) square feet in area, shall be constructed within each space.
(3)
Walkway. .....A hard surface walkway, being a minimum of two (2) feet wide, leading from the major entrance of the manufactured home to its parking spaces or to the street shall be constructed.
(4)
Solid Waste. .....Each space shall have a minimum of one solid waste container with a tight fitting cover and a capacity of not less than thirty-two (32) gallons, or dumpsters of adequate capacity may be substituted. If dumpsters are provided, each such container shall be located on a concrete slab and screened on three (3) sides by an opaque fence at least eight (8) feet in height.
(I)
Manufactured Homes
(1)
Class D. .....Class D manufactured homes shall not be permitted in new manufactured housing developments or expansions of existing manufactured housing developments. Existing Class D manufactured homes located in a manufactured housing development in operation at the time of adoption of this Ordinance are allowed to remain, but if removed, shall be replaced with a Class A, B, or C manufactured home.
(2)
Setup. .....Each manufactured home shall meet the setup requirements of the North Carolina Manufactured Home Code.
(3)
Skirting. .....Each manufactured home shall have skirting installed in accordance with the following requirements:
(a)
Skirting shall be of noncombustible material or material that will not support combustion. Skirting material shall be durable and suitable for exterior exposures;
(b)
Any wood framing used to support the skirting shall be of approved moisture resistant treated wood;
(c)
The skirting shall be vented in accordance with State requirements;
(d)
Skirting manufactured specifically for this purpose shall be installed in accordance with the manufacturer's specifications;
(e)
Skirting shall be installed no later than sixty (60) days after the set up of the home; and,
(f)
Skirting shall be properly maintained.
(4)
Additions. .....Prefabricated structures built by a manufacturer of manufactured home extensions meeting United States Department of Housing and Urban Development standards and any other additions meeting the State Residential Building Code may be added to any manufactured home provided that setbacks within the space can be met and a building permit is obtained.
(5)
Vacant Manufactured Homes. .....No storage of unoccupied and/or damaged manufactured homes is permitted.
(J)
Accessory Structures and Uses .....Accessory structures and uses permitted in manufactured housing developments shall meet standards in Sections B.2-6 and B.3-1.2(F) and (G).
(K)
Site Plans
(1)
Site Plan Review by Planning Board. .....Prior to approval of a zoning permit by the Director of Inspections for the construction of a new or expansion of an existing manufactured housing development, a site plan shall be reviewed by the Planning Board. Said site plan shall meet the site plan requirements found in Section B.7.
(2)
Conditions. .....In approving the site plans for manufactured housing developments, the Planning Board shall determine that adequate provision is made for the following:
(a)
Vehicular traffic to and from the development, and traffic internal to the development, including adequate access for emergency vehicle and personnel, postal service, delivery service, and other public and private services and individuals who would require access to the premises.
(b)
Pedestrian traffic to and from the proposed manufactured home sites, common facilities, and parking areas on the premises.
(c)
Adequate types of common recreation areas, including any needed screening or landscaping.
(3)
Final Development Plan. .....Prior to the issuance of a certificate of occupancy, a final development plan indicating each manufactured home space and prepared in conformance with the Subdivision Ordinances shall be approved by the Planning staff and recorded in the office of the Register of Deeds. In addition, the corners of all manufactured home spaces shall be clearly marked on the ground with iron stakes.
(L)
Existing Manufactured Housing Developments
(1)
Schedule for Improvements. .....Manufactured housing developments lawfully existing as of December 31, 1994, shall be required to meet the following standards of this section by January 1, 2001:
(a)
Bufferyards. .....Section B.2-5.47(E), with the exceptions:
(i)
No bufferyards shall be required where existing structures or manufactured homes interfere with installation of the bufferyard to the extent that there is less than a ten (10) foot area to plant a type II bufferyard; or,
(ii)
No bufferyards shall be required where all existing structures or manufactured homes are more than one hundred (100) feet from any public right-of-way or any adjoining property line; or,
(iii)
No bufferyards shall be required where existing utilities or septic fields interfere with installation of the bufferyard.
(b)
Solid Waste. .....Section B.2-5.47(H)(4) with the following exceptions regarding the screening of dumpsters:
(i)
No screening shall be required if the dumpster is located at least two hundred (200) feet off any public right-of-way or is screened from view of any public right-of-way by existing structures or manufactured homes or natural topographic feature; and,
(ii)
No screening shall be required if the dumpster is located at least fifty (50) feet from any adjoining property line or is screened from view of any adjoining property line by existing structures or manufactured homes or natural topographic feature.
(c)
Skirting. .....Section B.2-5.47(I)(3).
(d)
Utilities. .....Section B.2-5.47(D), with the following exceptions:
(i)
No undergrounding of utilities shall be required;
(ii)
No connection to public water and/or sewer shall be required if public water and/or sewer lines are located more than two (200) feet from the manufactured housing development, or if there is no public health or safety problems with the existing water or sewer systems on the property as determined by the Forsyth County Department of Public Health.
(e)
Streets. .....Streets shall have a minimum of four (4) inches of gravel and be well maintained.
(2)
Expansion of Nonconforming Manufactured Housing Developments. .....No expansion of a nonconforming manufactured housing development shall be permitted unless all units in the development, both pre-existing and additional, have vertical skirting or a similar structural enclosure around the entire base of the unit between the outer walls and the ground or paved surface, and are anchored to the ground in accordance with the regulations set forth by the State of North Carolina for manufactured and modular housing units.
2-5.47.1 MANUFACTURING A AND B
(A)
Manufacturing Processes
(1)
Location of manufacturing operations. .....Manufacturing operations, including storage of materials, processing, fabrication or assembly of products, and loading and unloading of new materials and finished products must occur completely within an enclosed building.
(B)
Storage Tanks
(1)
Size of Storage Tanks. .....External storage tanks and/or process equipment shall not exceed twenty-five percent (25%) of the building footprint of the building(s) on site.
(2)
Location and Screening of Storage Tanks. .....External storage tanks physically connected to the principal building and/or process equipment shall be located to the sides or rear of the principal building, or so as not to be visible from public rights-of-way contiguous to the subject property. In situations where this is not practicable, such as multiple primary street frontages or other site limitations, screening shall be required. Screening shall be opaque architectural screening of masonry, stone, or the same material as that of the principal building, adequate to completely screen storage tanks and/or equipment; or a type III bufferyard shall be installed. Screening shall be installed around the base of storage tanks and/or process equipment to minimize visual impacts on adjacent public rights-of-way. No screening is required for storage tanks and/or process equipment located more than five hundred (500) feet from public rights-of-way. Storage tanks shall be painted colors which are consistent to those of the principal structure.
(A)
Setbacks .....No portion of a building or other enclosure to be used for retention of animals or processing of animal products shall be located less than three hundred (300) feet from property zoned RS, RM, IP or C.
(B)
Building Design and Construction .....Building design and construction must comply with all applicable health regulations.
Editor's note— Ord. No. WA-UDO-15, § 8, adopted Feb. 24, 2011, deleted § 2-5.49, which pertained to medical or surgical offices.
2-5.50 MINING, QUARRY, OR EXTRACTIVE INDUSTRY
(A)
Operations Affected by Regulations .....Mining operations which affect more than one acre of land, including borrow pits which disturb more than one acre of land at any one time, shall meet the following regulations.
(B)
Dimensional Requirements .....Dimensional requirements for mining operations are specified below. Buildings shall meet the setback and other dimensional requirements of the underlying zoning district.
Table B.2.7
Dimensional Requirements for Mining Operations
Required Minimum Distance from any Public Right-of-Way
or from Property that is Adjacent to:
(C)
Easements .....No excavation shall take place within easements for underground transmission lines for oil, natural gas, or other potentially hazardous material.
(D)
Fencing .....Any excavation to a depth greater than five (5) feet shall be fenced. However, no fencing shall be required on any property where such fencing would be impracticable, as determined by the Director of Inspections, by reason of the location of such property in a floodplain.
(E)
Hours of Operation .....Quarry drilling, blasting, and crushing, except in cases of emergency involving safety on the site, shall not be operated on Sunday and may not be operated earlier than 7:00 a.m. nor later than 6:00 p.m. on any other day.
(F)
Access .....The site of the mining operation shall have direct access onto a major or minor thoroughfare unless the site is located in GMAs 4 or 5. Any road which the mining operation accesses may be required to be improved to necessary industrial capacity as a condition of approval.
(G)
Spillage and Effluent .....The loading of trucks shall be accomplished in such a way as to prevent spillage on roads. The effluent of extraction or processing going into streams must comply with requirements of State law.
(H)
Flooding .....Whenever a mining operation would in the course of its operation create a flooding hazard, the operator, before commencing any such excavation, and at such other times during the excavation as may be necessary, shall erect such dikes, barriers, or other structures as will afford the same protection as if no excavation were made. No mining operation shall impede the flow of any watercourse.
(I)
Operational Statement .....The petitioner will file an operational statement with the Inspections Division which shall include the following:
(1)
The approximate date to begin operation and its expected duration.
(2)
Estimated type and volume of extraction.
(3)
Description of method of operation, including the disposition of topsoil, overburden, and by-products.
(4)
Description of equipment to be used in the extraction process.
(5)
Any phasing of the operation and the relationship of the various phases.
(J)
Temporary or Permanent Discontinuance of Operations .....Notice of intent to discontinue temporarily a mining operation shall be filed with the Director of Inspections in advance of such temporary discontinuance. Notice of intent to discontinue permanently a mining operation shall be filed with the Director of Inspections not less than three (3) months in advance.
(K)
Maintenance .....During any period that a mining operation is discontinued temporarily, the site, along with all structures, machinery, and fencing, shall be properly maintained in a safe and orderly condition.
(L)
Reuse or Rehabilitation of Site .....Notice of permanent discontinuance of mining operation shall include a plan for reuse or rehabilitation of the site. Except where redevelopment for another permitted use is in progress on the site of a discontinued mining operation, the last operator shall perform the following within one year:
(1)
Buildings and Equipment. .....All buildings and equipment shall be removed;
(2)
Materials. .....All nonregulated waste piles, overburden, and other materials shall be graded so that the material assumes its natural angle of repose. These materials shall be planted with vegetation so as to prevent erosion;
(3)
Walls. .....Any quarry walls shall be cleared of loose materials;
(4)
Water Collection and Drainage. .....Any excavation shall be so graded as to provide for natural drainage; if the collection of water in an excavation is unavoidable, the area shall be fenced.
(M)
Other Requirements .....The operator of any mining operation shall file with the Director of Inspections, in addition to any exhibits required elsewhere in this Ordinance, evidence of ownership or control of property, plans for rehabilitation, and notices of intent, as required herein. The Director of Inspections shall inspect the premises annually to determine that all specific conditions are being met. Violation of the requirements herein shall make the operator liable to the penalties set forth in this Ordinance.
(N)
Sand Dredging Operations .....In addition to complying with the applicable provisions of this section, sand dredging operations shall be conducted in a manner which does not result in the erosion of the banks of a stream. The use of drag lines or other devices which remove vegetation and sediment from the banks of a stream are specifically prohibited.
2-5.51 MOTOR VEHICLE DISMANTLING AND WRECKING YARD
(A)
Within the GI District .....All motor vehicle dismantling operations located in the GI District shall comply with the following:
(1)
Fencing.
(a)
Location. .....An opaque fence or wall shall be erected along any property line which is adjacent to any street, road, or highway; and all business activity, including storage of vehicles or other materials, shall be conducted within the fence. Fencing requirements shall be one of the following:
(i)
Within Fifty (50) Feet of Right-of-Way. .....An eight (8) foot high opaque fence is required if located within fifty (50) feet of the right-of-way boundary; or,
(ii)
More than Fifty (50) Feet from Right-of-Way. .....A six (6) foot high opaque fence is required if located more than one hundred (100) feet from the right-of-way boundary.
(b)
Conditions. .....Such fencing shall meet the following conditions:
(i)
Construction. .....The fence and screening shall be constructed of materials manufactured, sold and used exclusively as fencing materials with consistent height, materials, and color;
(ii)
Maintenance. .....All fences shall be maintained in sound condition at all times;
(iii)
Advertising. .....Fences shall not contain advertising or other lettering other than lettering or a sign which identifies the operation carried on within the enclosure.
(c)
Parking. .....Customers of the business may park their personal vehicles outside the fence, but not within the right-of-way of the street, provided the vehicles of customers are not parked in such a manner as to impair the view of motorists using the street.
(d)
Bufferyards. .....In addition to the bufferyard requirements of Section B.3-5, a type I bufferyard shall be provided along side and rear lot lines adjacent to property zoned for commercial or industrial use.
(e)
Effective Date. .....Automobile dismantling operations lawfully existing on the effective date of this Ordinance shall install fencing and buffering, as herein specified, within a period of three (3) years after the effective date of this Ordinance.
(2)
Open Burning. .....Open burning is prohibited.
(3)
Abandoned Vehicles. .....In the event that wrecked automobiles or other materials are abandoned or appear to be abandoned upon any property, the real property owner and/or occupant shall, upon notification, remove or cause the removal of such automobiles or other materials, or conduct the operation in full compliance with the requirements of this Ordinance, provided that such use is permitted.
(4)
Hours of Operation. .....No dismantling, disassembling, salvaging, wrecking, or processing operation on the premises shall be carried on between the hours of 9:00 p.m. and 7:00 a.m.
(5)
Hazardous Materials. .....Any gasoline, oil, or other materials spilled or collected on the site shall be contained and disposed of in accordance with State and federal laws.
(B)
Outside the GI District
(1)
Fencing
(a)
Location. .....An opaque fence or wall shall be erected along any property line which is adjacent to any street, road, or highway; and all business activity, including storage of vehicles or other materials, shall be conducted within the fence. Fencing requirements shall be one of the following:
(i)
Within Fifty (50) Feet of Right-of-Way. .....An eight (8) foot high opaque fence is required if located within fifty (50) feet of the right-of-way boundary; or,
(ii)
Within Fifty (50) to One Hundred (100) Feet from Right-of-Way. .....A six (6) foot high opaque fence is required if located fifty (50) feet or more from the right-of-way boundary.
(iii)
More than One Hundred (100) Feet from Right-of-Way. .....A five (5) foot high opaque fence is required if located more than one hundred (100) feet from the right-of-way boundary.
(b)
Conditions. .....Such fencing shall meet the following conditions:
(i)
Construction. .....The fence shall be constructed of materials sold and used as fencing materials with consistent height, materials, and color;
(ii)
Maintenance. .....All fences shall be maintained in sound condition at all times; and,
(iii)
Advertising. .....Fences shall not contain advertising or other lettering other than lettering or a sign which identifies the operation carried on within the enclosure.
(c)
Parking. .....Customers of the business may park their personal vehicles outside the fence but not within the right-of-way of the street; provided the vehicles of customers are not parked in such a manner as to impair the view of motorists using the street.
(d)
Screening Requirements. .....Screening requirements along side and rear property lines shall be one or both of the following:
(i)
Material Stored up to Property Line. .....A six (6) foot high opaque fence may be installed along the side and rear property lines. Storage of motor vehicles or materials is permitted up to the fence line. Said fence shall have the same requirements as Section B.2-5.51(A)(1); and/or
(ii)
Material Stored Ten (10) Feet off Property Line. .....A type I bufferyard shall be installed along the side or rear property lines. Storage of motor vehicles or materials is permitted up to the bufferyard line which is ten (10) feet off the property line.
(e)
Nonconforming Use Status. .....All operators of this use must certify to the Director of Inspections' satisfaction that the use is legally nonconforming as specified in Section B.5 before an application may be accepted by the Planning Board for a site plan review.
(f)
Effective Date. .....Any motor vehicle dismantling operation existing as a legal nonconforming use on the effective date of this Ordinance shall install fencing and buffering, as herein specified, within a period of one year after the effective date of this Ordinance.
(2)
Open Burning. .....Open burning is prohibited.
(3)
Abandoned Vehicles. .....In the event that wrecked motor vehicles or other materials are abandoned or appear to be abandoned upon any property, the real property owner and/or occupant shall, upon notification, remove or cause the removal of such motor vehicles or other materials, or conduct the operation in full compliance with the requirements of this Ordinance, provided that such use is permitted.
(4)
Hours of Operation. .....No dismantling, disassembling, salvaging, wrecking, or processing operation on the premises shall be carried on between the hours of 9:00 p.m. and 7:00 a.m.
(5)
Hazardous Materials. .....Any gasoline, oil, or other materials spilled or collected on the site shall be contained and disposed of in accordance with State and federal laws.
2-5.52 MOTOR VEHICLE REPAIR AND MAINTENANCE, AND MOTOR VEHICLE BODY OR PAINT SHOP
(A)
LB District .....Motor Vehicle Repair and Maintenance is permitted in the LB District only in GMAs 4 and 5 and limited to a maximum zoning lot size of one acre (Section B.2-1.3(G)(3)(a)).
(B)
Compliance with Motor Vehicle Storage Yard Requirements .....A legally established motor vehicle repair and maintenance facility or motor vehicle body or paint shop which has inoperative motor vehicles on site shall store such vehicles in an enclosed building or in a motor vehicle storage yard which meets the requirements of Section B.2-5.53; except that the requirements of Section 2-5.53 shall not be required for two (2) inoperative vehicles per service bay, up to ten (10) inoperative motor vehicles maximum at motor vehicle repair and maintenance facilities. Excluded from consideration as an inoperative motor vehicle for purposes of this section shall be any vehicle whose sole reason for otherwise being considered inoperative is a North Carolina Vehicle Inspection Certificate less than four (4) months out of compliance at motor vehicle repair and maintenance facilities authorized to do NC Inspection Certificates.
2-5.53 MOTOR VEHICLE STORAGE YARD
(A)
Maximum Size .....A motor vehicle storage yard created or expanded after the adoption date of this Ordinance shall have an enclosed storage area which shall not exceed the following area requirements for the zoning district in which the yard is located:
Accessory motor vehicle storage yards in the LB and PB Districts shall have a maximum size of three thousand (3,000) square feet.
(B)
Repair Work or Sale of Vehicles .....No repair work shall be done on motor vehicles while stored in the storage yard. No parts or other articles may be removed from the vehicles except for security purposes, nor shall any parts or articles be sold. The sale of whole vehicles shall be permitted only to satisfy a mechanics lien or by order of a law enforcement agency.
(C)
Right-of-Way Screening and Access - New or Expanded Storage Yards .....A Motor Vehicle Storage Yard or expansion of an existing storage yard created after the effective date of this Ordinance shall meet the following:
(1)
Outdoor Storage Area Standards. .....A motor vehicle storage yard not screened by an intervening building from any public or private street, whether or not such streets provide access to the site, shall meet the outdoor storage area screening standards of Section B.3-4.5.
(a)
If the fencing option of Section B.3-4.5(B)(1) is selected, streetyard plantings as specified in Section B.3-4.3(B)(3) and (4) are required on the outside of the fence;
(b)
If the planting option of Section B.3-4.5(B)(2) is selected and chain link fencing is installed in conjunction with the plantings, said fencing shall be a minimum six (6) feet in height and black or dark green in color. The plantings may be installed within a minimum five (5) foot strip either on the exterior of the fence or on the property owner's side of the fencing, in which case wheel stops shall be placed a minimum seven (7) feet from the fence.
(2)
Visibility. .....Fencing and plantings must not obstruct traffic visibility at driveways.
(3)
Maintenance. .....Fencing and vegetation shall be maintained in good condition throughout the life of the use.
(4)
Topographic Irregularities. .....Where topographic irregularities require a different location to meet the intent of this section, the location of the landscaping or fencing may be varied with approval of the Director of Inspections.
(5)
Fencing Setback. .....Fencing shall be set back a minimum five (5) feet from the public right-of-way or private street easement.
(6)
Access. .....The maximum number of access points to a motor vehicle storage yard shall be two (2).
(D)
Right-of-Way Screening and Access - Existing Storage Yards .....Motor vehicle storage yards existing prior to the adoption date of this Ordinance shall meet the following:
(1)
Outdoor Storage Area Standards
(a)
The requirements of Section B.2-5.53(C)(1) shall be met; or,
(b)
Chain link fencing with wood, metal, or vinyl slats of a single color shall be installed. No other plastic or fiberglass cloth or other sheeting materials is permitted unless said material is constructed of materials manufactured, sold, and used exclusively as fencing materials with consistent height, materials, and color; and,
(c)
Streetyard landscaping area in accordance with Section B.3-4.3(B).
(2)
Other Requirements. .....The additional provisions of Sections B.2-2.53(C)(2)-(6) shall be met.
(E)
Bufferyard Requirements - New or Expanded Storage Yards
(1)
Bufferyard Standards. .....A motor vehicle storage yard or expansion of an existing storage yard created after the effective date of this Ordinance shall meet the requirements of Section B.3-5, Bufferyard Standards. In addition, a type I bufferyard shall be provided adjacent to property designated as High Intensity Commercial (HIC) or Industrial (IND).
(2)
Intervening Building. .....No bufferyard is required where the motor vehicle storage yard is screened from view of an adjacent zoning lot by an intervening building.
(3)
Buffering Internal to the Zoning Lot. .....No bufferyard is required along an edge of the motor vehicle storage yard internal to the same zoning lot, unless such edge is clearly visible from a street or an adjacent zoning lot.
(F)
Bufferyard Requirements - Existing Storage Yards
(1)
Bufferyard Standards and Alternatives. .....Motor vehicle storage yards existing prior to the adoption date of this Ordinance shall select one of the following alternative buffer requirements:
(a)
The bufferyard requirements of Section B.3-5. In addition, a type I bufferyard shall be provided adjacent to property designated as High Intensity Commercial (HIC) or Industrial (IND).
(b)
An opaque fence at least six (6) feet in height.
(c)
A chain link fence at least six (6) feet in height with wood, metal, or vinyl slats of a single color. No other plastic or fiberglass cloth or other sheeting material is permitted.
(2)
Intervening Building. .....No bufferyard is required where the motor vehicle storage yard is screened from view of an adjacent zoning lot by an intervening building.
(3)
Buffering Internal to the Zoning Lot. .....No bufferyard is required along an edge of the motor vehicle storage yard internal to the same zoning lot, unless such edge is clearly visible from a street or an adjacent zoning lot.
(G)
Vertical Stacking .....Vertical stacking of motor vehicles is prohibited.
(H)
Hazardous Substance
(1)
Containment. .....Any gasoline, oil, or other materials spilled or collected on site shall be contained and disposed of in accordance with State and federal laws.
(2)
Storage of Vehicles Carrying Hazardous Substances. .....Tractor trailers, tankers and/or any vehicle carrying a hazardous material shall be stored only in motor vehicle storage yards located in the HB, LI, or GI Districts. A motor vehicle storage yard which stores a tanker which has contained a hazardous substance shall be enclosed by a minimum six (6) foot high fence which shall be locked during nonoperating hours. In addition, a spill containment structure certified by a registered professional engineer as being adequate for spill containment is required. No tanker shall be stored closer than two hundred (200) feet from any residential zoning district.
(I)
Schedule for Improvements .....Such uses shall meet all requirements of this section by June 30, 2000.
2-5.54 NURSING CARE INSTITUTION
(A)
Prohibited Districts .....Nursing Care Institutions shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2 and 3.
(B)
Minimum Site Size .....Minimum site size shall be: two (2) acres in the AG and RS-40 Districts; one acre in RS-20 and RS-30 Districts. In RM-8, RM-12, RM-18, and RM-U, the minimum site size shall be based on Table B.3.3 with three (3) beds equal to one dwelling unit. In the IP District, the minimum site size shall be calculated in the same manner based on the requirements of the RM-8 District.
(C)
Access .....In the AG, RS, and IP Districts, the site shall have direct access to a major or minor thoroughfare.
(D)
Permitted Density in RS Districts .....In the RS Districts, the maximum density shall be eighteen (18) beds per acre.
(E)
Calculation of Density in RM Districts .....In the RM Districts, density shall be calculated with three (3) beds equaling one dwelling unit.
(A)
LB District .....In the LB District, outdoor display retail is only permitted in GMAs 4 and 5 and limited to a maximum zoning lot size of one acre (Section B.2-1.3(G)(3)(a)).
(B)
Motor Vehicle Storage Yards .....Any outdoor area meeting the definition of a motor vehicle storage yard shall comply with the requirements of Section B.2-5.53.
(A)
In Residential Districts .....Where any newly constructed park and shuttle lot abuts residentially zoned land or a residential use, said parking shall be set back a minimum of fifteen (15) feet. All parking shall comply with the design standards and requirements in Section B.3-3.3.
(B)
In Business, Office and Industrial Districts .....Park and shuttle lots in business and industrial zoning districts shall comply with the design standards and requirements in Section B.3-3.5(C).
2-5.57 PARKING, OFF-SITE, FOR MULTIFAMILY OR INSTITUTIONAL USES IN RS AND RM DISTRICTS
Off-site parking in RS or RM District for multifamily or institutional uses not permitted in the applicable zoning district must meet the requirements of Section B.3-3.4(A).
2-5.58 PLANNED RESIDENTIAL DEVELOPMENT
(A)
Purpose .....The purpose of the Planned Residential Development (PRD) is to encourage the development of environments which provide certain development privileges in exchange for preplanning and design considerations. PRDs provide an alternative to conventional subdivision design by promoting the conservation and creation of viable, connected open space and more flexible design options while minimizing development costs. Three (3) distinct types of open space shall be required in PRDs: (1) Active Open Space; (2) Passive Open Space; and (3) Thoroughfare Open Space. In return for development flexibility, additional site plan information may be required of the developer to assist in evaluating the suitability of proposed PRDs. PRDs are suitable for Growth Management Areas 2, 3, 4, and 5. The character of a PRD should be appropriate to the GMA in which the PRD is located. While maximum open space preservation is the primary goal of rural PRDs, open space within urban and suburban PRDs should balance the need for open space preservation with an increased need for integration with surrounding developments through street connectivity and compatibility with adjacent and internal land uses.
(B)
Minimum Size .....A (PRD) shall be located on a site containing at least three (3) contiguous acres in GMAs 3 and 4, and at least five (5) contiguous acres in GMA 5. There is no minimum size requirement for PRDs in GMA 2.
(C)
Preapplication Review .....Prior to the formal submission of a proposed PRD, the petitioner or their representative shall attend an interdepartmental sketch plan meeting. The petitioner shall be required to produce a scaled sketch site plan showing the existing cultural, historic, and physical features of the site for review by the planning staff. Staff may ask for additional information such as the location of prime agricultural soils, historical structures, archeological/cultural elements, the depth of viewshed as seen from existing public rights-of-way, the location of rock walls and other "unique" features on site, and the location and general specifications of any proposed septic systems. The location and design of the proposed open space types shall be also be included for review.
(D)
Permitted Principal Uses .....PRDs may include all uses permitted within the underlying zoning district.
(E)
Relationship to Other Applicable Regulations .....A PRD shall be subject to all applicable standards, procedures, and regulations of these Ordinances and the zoning district in which it is located unless otherwise set forth in this section.
(F)
Maximum Density .....Maximum residential density shall be in accordance with the zoning district in which the (PRD) lies, unless the incentives for density bonuses as set forth in Section B.2-5.58(G) apply.
(G)
Incentives for Density Bonus
(1)
Density Bonus. .....The permitted density of a PRD may be increased beyond standard allowances if a PRD preserves more than the minimum required amount of open space for the underlying zoning district. To calculate the allowed density bonus, refer to Table B.2.7a.
(2)
Use of Floodplain in Calculating Density Bonus. .....Land located within a F.E.M.A. 100-year floodplain shall not be used in the calculation of open space for the purposes of the density bonus provision. However, floodplain land may be used in calculating minimum open space requirements.
(H)
Development Standards .....A PRD shall meet the following standards:
(1)
Outside Perimeter Lot Setback Requirements. .....Any lot which adjoins the outside boundary of the PRD shall be considered an outside perimeter lot. Internal street refers to a street that is within the boundary of the PRD. Adjoining street is a street which is not located within the PRD but is adjacent to the outside boundary of the PRD. The following setbacks shall be required for outside perimeter lots:
(a)
Lots with Access on an Internal Street. .....Rear yard setback requirement of the zoning district in which the PRD is located shall be met.
(b)
Lots with Access on an Adjoining Street. .....Front yard setback requirements of the zoning district in which the PRD is located shall be met.
(c)
Corner Lots with Access either on an Internal or Adjoining Street. .....Front yard setback requirements of the zoning district in which the PRD is located shall be met on the adjoining street, and the front yard setback requirements allowed in the PRD shall be met on the internal street.
(d)
Access Drives. .....No loading space, parking space, or access drive to a parking space shall be permitted within any required bufferyard.
(2)
Required Parking.
(a)
Off-Street Parking. .....Off-street parking shall be provided in compliance with Section B.3-3, except that the parking requirements may be met through group parking located on commonly owned land. Additionally, any required parking spaces located between the fronts of residential buildings and public rights-of-way or private access easements shall be at least twenty (20) feet in depth and shown on the PRD site plan. In no instance shall off-street parking spaces extend into public rights-of-way or private access easements.
(b)
On-Street Parking. .....Some on-street parking may be permitted to satisfy off-street parking requirements in accordance with Section B.3.3-5(M).
(c)
Special Accommodations. .....Special accommodations for recreational vehicles, including boats, may be provided in group parking areas. Such special parking areas shall be designated and screened from adjacent residential uses.
(3)
Private Streets. .....Private streets are permitted in PRDs at the discretion of the Town Council. Where permitted, private streets shall be built in accordance with the requirements of the Street Standards Governing Vehicle and Pedestrian Circulation (Section B.3-12). However, public streets may be required to ensure adequate street connectivity.
(4)
Pedestrian Access. .....Pedestrian and other modes of nonvehicular movement shall be provided in accordance with Section B.3-12.
(5)
Impervious Surface Cover. .....Buildings and improvements on single family lots in a PRD which have at least five thousand (5,000) square feet shall not be calculated as impervious surface cover in RM Districts.
(6)
Reserved.
(7)
Lot Dimensional Requirements and Spacing of Structures. .....The lot and setback dimensional requirements of the zoning district for individual lots within the PRD are waived. Front yard setbacks shall be no closer than ten (10) feet to the nearest right-of-way line of a public street or private access easement. Minimum distances between townhouse and multifamily structures shall be those set forth in Section 3-1.2(K). Minimum distances between single family, duplex, and twin home structures shall be as follows:
(a)
Front or Rear Facing Front. .....The minimum distance between the front wall of one structure and the rear wall of another structure, or the front walls of structures oriented so as to face each other, shall not be less than thirty (30) [feet].
(b)
Rear Facing Rear. .....Dwellings oriented back to back shall be subject to the following provisions:
(i)
The minimum distance between rear walls of the dwellings shall be no less than thirty (30) feet.
(ii)
Accessory structures shall only be permitted in the intervening space between principal dwellings oriented back to back or to the rear yard of the principal dwelling provided the accessory structures meet the provisions of Section B.3-1.2(F) and (G)(1). Any accessory structure meeting the requirements of Section B.3-1.2(H) shall be located a minimum of seven (7) feet off the side property line and twenty (20) feet off the rear property line.
(c)
Front Facing Side. .....The minimum distance between the front wall of the structure and the side wall of another structure shall not be less than fourteen (14) feet.
(d)
Side or Rear Facing Side. .....The minimum distance between the rear of a structure and side of another structure, or the minimum distance between the side walls of structures, shall not be less than ten (10) feet provided that no bay window encroachments be allowed for buildings closer than fourteen (14) feet.
(e)
Reserved.
(f)
Any PRD with structures separated by less than fourteen (14) feet as allowed above must be provided with a public water system and fire hydrants with a minimum available water flow of 1,500 gallons per minute. Fire hydrants shall have a spacing of one per 500 feet, and hydrant locations must be approved by the County Fire Marshal. Plans submitted for Planning Board approval where the applicant wishes to have structures with spacing of less than fourteen (14) feet shall be so indicated at the time of application. The entire subdivision must be provided with the 1,500 gallons per minute fire flow, even if only some structures have spacing of less than fourteen (14) feet.
(g)
Front Loaded Garages. .....All front loaded garages shall be set back no less than twenty (20) feet from public rights-of-way or private access easements.
(h)
Minimum Perimeter Lot Size. .....A minimum thirty (30) foot bufferyard, adjacent to the PRD perimeter on commonly owned land, is required between outermost lots within PRDs and an adjacent single family zoning district. This bufferyard shall include five (5) evergreen and five (5) deciduous plants meeting the size requirements of Section B.3-5.3(B)(1), per one hundred (100) linear feet. The bufferyard plant spacing requirements of Section B.3-5.3(B)(2) shall not apply. This bufferyard shall be considered Passive Open Space as described in Section B.2-5.58(H)(9)(b)(ii). This section shall not apply: (i) subject to the requirements of Section B.2-5.58(H)(9)(b)(iii), to outermost PRD lots which are adjacent to existing PRDs, to existing streets, or to proposed streets within the PRD; and (ii) where all of the outermost lots within the PRD meet the minimum lot area and dimensional requirements of the underlying zoning district.
(8)
Reserved.
(9)
Common Open Space.
(a)
Area. .....Common open space shall not be less than the following percentages of the total land area of the PRD.
Table B.2.7a
* PRDs in Growth Management Area (GMA) 3 may receive a twenty-five percent (25%) reduction in the amount of minimum required open space where forty percent (40%) of this open space is active open space as defined in Section B.2-5.58(H)(9)(b)(i)
** PRDs in Growth Management Areas (GMA) 2 may receive a thirty-three [percent] (33%) reduction in the common open space requirements.
(b)
Character. .....Common open space shall include both passive and active open space. Additionally, if developments are contiguous to minor and major thoroughfares as defined by NCDOT or WSDOT. Thoroughfare open space shall be required adjacent to such transportation corridors.
(i)
Active Open Space. .....Active Open Space shall consist of natural (i.e. significant trees or rock outcroppings) and (primarily) man-made features (including historic features) which are easily accessible to pedestrians. These areas should be highly visible and prominent amenities of the development. They not be located behind or between individual homes. Depending upon the size of the Active Open Space, these areas should contain some element of shade (i.e. large variety trees, and/or gazeboes) and/or level open areas which facilitate athletic activities. Well positioned seating areas should generally be provided. Examples include community recreation areas, pocket parks, and neighborhood greens or squares when bordered on multiple sides by streets. Pedestrian access to this space is required, either by street or sidewalk. Active Open Space shall comprise a minimum of fifteen (15) percent of the total required open space of a PRD in the RM, RSQ, RS-7, RS-9, RS-12, RS-15, and RS-20 zoning districts and a minimum of five (5) percent of the total required open space in the RS-30, RS-40, and AG zoning districts.
(ii)
Passive Open Space. .....Passive Open Space shall consist of natural features such as meadows, woods, agricultural land, riparian buffers, and steep slopes.
(iii)
Thoroughfare Open Space. .....If PRDs are located in GMAs 3, 4, or 5 and are contiguous to major or minor thoroughfares, Thoroughfare Open Space shall be required. The intent of this Thoroughfare Open Space is to preserve or enhance existing viewsheds along major transportation corridors.
[A]
GMA 3. .....A thoroughfare buffer at least fifty (50) feet deep and planted with a type III bufferyard shall be provided in GMA 3.
[B]
GMA 4 and 5. .....A thoroughfare buffer at least one hundred (100) feet deep and planted with a type III bufferyard shall be provided in GMAs 4 and 5.
[C]
Preservation of Existing Landscapes. .....If thoroughfare buffers contain significant existing natural or historic elements, as identified at the sketch plan review (Section B.2-5.58(C)), these elements shall be preserved. Where present, these natural elements may take the place of the Type III Bufferyard planting required above.
[D]
Alternative Compliance. .....Alternative compliance measures may be proposed which vary from the strict application of the above requirements in order to accommodate the unique character of the site or to utilize innovative design. Alternative compliance may be granted by the Town Council upon a finding that the proposed alternative fulfills the intent of the Ordinance as well as or better than would strict compliance with the requirements of this Ordinance.
(c)
Open Space Connectivity Requirements. .....Where practicable, areas of open space within a PRD shall be connected. Separate areas of active open space on site shall be connected by a sidewalk or pedestrian path consisting of an all-weather surface. Open space in PRDs shall adjoin open space in neighboring parcels where practical. If public parks or greenways are present on adjacent sites, a pedestrian connection to these resources shall be made from the PRD in accordance with the Street Standards Governing Vehicle and Pedestrian Circulation (Section B.3-12).
(d)
Adjacency. .....Where PRDs are comprised of two or more tracts divided by an existing street or are otherwise physically separated, each tract shall meet a proportional share of the total open space requirements for the PRD.
(e)
Types of Open Space. .....The total area and percentage of each type of open space within the PRD must be shown on the site plan. PRDs must be developed according to the approved plan, and any changes or deviations must be approved in accordance with Section B.6-1.3.
(I)
Ownership and Responsibility for Common Open Space and Amenities. .....Common Open Space may be owned by a homeowners association or dedicated to a public entity or other non-profit organization. Land not to be held in private or public ownership shall be owned by a nonprofit corporation in which all owners of property within the development have automatic membership rights and assessment obligations for the maintenance of these areas. These automatic membership rights and assessment obligations shall be covered by covenants running with the land and other contractual provisions as to insure the proper maintenance of all commonly owned areas, and shall include provision for liens against the individual properties and legally enforceable personal obligations on the part of the individual property owners in the development. Such covenants shall be recorded in the office of the Register of Deeds and such contractual rights and obligations shall be established prior to the issuance of a building permit.
(J)
Platting Requirements. .....All PRDs shall meet the requirements of the Subdivision Regulations, (Chapter D). In addition, prior to a permit being issued for the construction of any building, there shall have been recorded in the office of the Register of Deeds, a plat of the property or section thereof, showing: easement and right-of-way widths, street widths, the actual or approximate location of single family lots, commonly owned tracts, and lots and buildings to be occupied by other uses.
(WA-UDO-26, § 1, 8-22-19)
2-5.60 RECREATIONAL VEHICLE PARK
(A)
Prohibited Districts .....Recreational Vehicle Parks shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2 and 3.
(B)
General Use Conditions
(1)
Bufferyards. .....In addition to the bufferyard requirements of Section B.3-5, a type I bufferyard is required adjacent to public rights-of-way.
(2)
Setbacks. .....All recreational vehicle spaces shall be located a minimum of one hundred (100) feet from all adjacent property lines and public rights-of-way.
(3)
Access. .....Recreational vehicle parks shall have direct access to a major or minor thoroughfare. Recreational vehicle spaces shall only have direct access to an internal private street which accesses a public street. No recreational vehicle space shall have direct vehicular access to a public street.
(4)
Floodplains. .....No recreational vehicle sites shall be located in the floodplain.
(5)
Landscaping. .....Each recreational vehicle space shall have a planting area containing at least one deciduous or evergreen tree with a minimum height of eight (8) feet and a diameter of two (2) inches measured six (6) feet above ground level at the time of installation. Each planting area shall be a minimum of one hundred fifty (150) feet with a minimum radius of seven (7) feet. The use of existing trees when possible to meet these landscaping requirements is encouraged.
(6)
Sanitary Facilities, Sewage and Garbage Disposal. .....Adequate sanitary facilities, sewage and garbage disposal shall be provided and shall conform with all applicable codes.
(7)
Length of Stay. .....No recreational vehicle shall be used as a permanent place of residence. Occupancy extending beyond three (3) months in any twelve (12) month period shall be presumed to be permanent occupancy and is prohibited in a recreational vehicle park.
(8)
Accessory Uses. .....Management offices, recreational facilities, toilets, showers, dumping stations, coin-operated laundry facilities, and other uses and structures incidental to the operation of a recreational vehicle park are permitted as accessory uses to the park. In addition, other uses may be permitted as accessory uses in the district where such uses are not allowed as principal uses, subject to the following restrictions:
(a)
Size. Such establishments and the parking areas related to their operations shall not occupy more than five percent (5%) of the gross area of the park.
(b)
Clientele. Such establishments shall be restricted in their use to the occupants of the park.
(c)
Visibility. Such establishments shall present no visible evidence from any street outside the park of a commercial nature which would attract customers other than occupants of the park.
(d)
Access. Such establishments shall not be directly accessible from any public street, but shall be accessible only from a street within the park.
(9)
Manufactured Homes. .....No manufactured home may be parked or stored in a recreational vehicle park, except that one manufactured home may be located within the park for the exclusive use as the principal dwelling unit for the park manager or operator.
(C)
Recreational Vehicle Parks in HB District
(1)
Purpose. .....To provide short term recreational vehicle and tent camping in areas serviced by major highways.
(2)
Application. .....In addition to the general use conditions for recreational vehicle parks, the following conditions shall apply to recreational vehicle parks in the HB District.
(a)
Park Size. The minimum contiguous area of any recreational vehicle park shall be three (3) acres.
(b)
Density. The maximum density of any recreational park shall be fifteen (15) recreational vehicle spaces per acre.
(c)
Site Area. The minimum area devoted to each recreational vehicle space shall be one thousand five hundred (1,500) square feet.
(D)
Recreational Vehicle Parks in AG, RS-40, RS-30, and YR Districts
(1)
Purpose. .....To permit short term recreational vehicle and tent camping on relatively large amounts of land without the necessity or desirability of being immediately adjacent to main highways or built-up areas, while preserving an open character and promoting outdoor recreational activities.
(2)
Application. .....In additional to the general use conditions for recreational vehicle parks, the following conditions shall apply to recreational vehicle parks in AG, RS-30, RS-40 and YR Districts.
(a)
Site Plan Required. A site plan which meets the site plan requirements of Section B.7 shall be submitted as part of each application for a special use permit.
(b)
Park Size. The minimum contiguous area of any recreational vehicle park shall be ten (10) acres.
(c)
Density. The maximum density of any recreational park shall be ten (10) recreational vehicle spaces per acre.
(d)
Site Area. The minimum area devoted to each recreational vehicle space shall be two thousand five hundred (2,500) square feet.
2-5.61 RECREATION SERVICES, INDOOR OR RECREATION SERVICES, OUTDOOR
(A)
The following conditions shall be met in the IP District:
(1)
Operation by a Public or Not-For-Profit Organization. .....The recreation services facility must be operated by a public or not-for-profit organization.
(2)
Minimum Site Size. .....The minimum site size shall be two (2) acres.
(3)
Access. .....The site shall have direct access to a collector street, a minor thoroughfare, or a major thoroughfare.
(4)
Setbacks. .....No structure, parking area, or outdoor recreation area shall be located less than forty (40) feet from any property line adjacent to residentially zoned property.
(5)
Public Address System. .....Public address systems shall not be permitted except within a building.
(B)
Golf Driving Ranges shall meet the following conditions:
(1)
Dimensions. .....The depth of a driving range along the driving axis shall be not less than three hundred fifty (350) yards measured from the location of the tees and the breadth not less than two hundred (200) yards at a distance of three hundred fifty (350) yards from the tees. The depth of the driving range may be reduced to three hundred (300) yards if a fence designed to stop rolling balls is installed at the far end of the driving axis.
(2)
Lighting. .....Any lighting shall be oriented away from adjacent residential properties.
(WA-UDO-15, § 8, 2-24-11)
2-5.62 RESIDENTIAL BUILDING, MULTIFAMILY; RESIDENTIAL BUILDING, TOWNHOUSE; OR RESIDENTIAL BUILDING, TWIN HOME
(A)
Site Plan Review by the Planning Board .....The Planning Board shall review all multifamily or townhouse residential building developments with the following exceptions:
(1)
Front on Public Streets. .....Developments in which all multifamily or townhouse residential buildings front upon an existing public street;
(2)
Six (6) Units or Less. .....Developments which contain six (6) units or less.
(B)
Standards .....With the exception of multifamily or townhouse development located in the RSQ District, all multifamily or townhouse residential buildings shall comply with the following:
(1)
Traffic Requirements. .....In approving the site plan for a multifamily or townhouse development, the Planning Board shall determine that the streets, driveways, parking areas, and other public and private drives shown on the plan are so located that:
(a)
Effect on Public Street System. They do not block, impede, or interfere with the orderly development of the public street system.
(b)
Standards and Dedication. Those streets on the plan which are likely to be used by the public as through or connector streets, or which for the orderly development of the area should be made public streets, are designed to the standards of public streets and are dedicated or offered for dedication as such on a recorded plat except that public streets in the RM-5 District may be constructed to alternative width and horizontal and vertical curvature standards, as approved by North Carolina Department of Transportation.
(c)
Access. Adequate provision is made for vehicular traffic to and from the premises and for vehicular traffic and pedestrian traffic to and from the proposed buildings, structures, and parking areas on the premises, including fire fighting and police equipment and personnel, ambulance service, garbage collection service, postal service, delivery service, and other public and private services and individuals who would require access to the premises.
(2)
Common Recreation Area. .....Common recreation areas and facilities, such as areas for small children or other recreational areas, shall be provided for multifamily or townhouse developments containing forty (40) units or more, based on the standards of Section B.3-6. Multifamily or townhouse developments which are located in the CB District or which provide elderly housing are exempt from this requirement.
(3)
Other Development Standards. .....All multifamily or townhouse developments shall meet the following standards.
(a)
Air and Light. The project provides adequate air and light to the development and surrounding properties.
(b)
Architectural Features. Through the use of a variety of fenestration patterns, building facade offsets, roof line treatments, and other architectural features, the perceived bulk, scale, and length and width of the building is compatible with surrounding buildings.
(c)
Affected Area. The project will not be injurious to property or improvements in the affected area.
(d)
Adopted Plans. The project is in accordance with all development criteria established by the Elected Bodies' adopted plans and policies, such as Legacy, and development guides.
(4)
Developments on Smaller Lots. .....Developments of residential multifamily or townhouse buildings subject to the minimum lot size requirements of Table B.3.3 shall meet the following requirements:
(a)
Impervious Surface Cover. For new construction on vacant lots, impervious surface cover is limited to a maximum of sixty percent (60%). Impervious surface cover is otherwise limited to seventy percent (70%).
(b)
Building Height. No building shall exceed a height of forty (40) feet.
(c)
Bufferyard. Bufferyard requirements of Section B.3-5 must be met for multifamily or townhouse developments containing more than four (4) units.
(d)
Off-Street Parking.
(i)
Number of Spaces. .....Off-street parking for multifamily or townhouse uses shall meet the standards for Efficiency Units, if applicable, or Urban Residential Building in Table B.3.8.
(ii)
Parking in Rear. .....All off-street parking shall be provided to the rear of the principal building(s) unless the Planning Board determines that, due to lot size, shape or topographic features, some or all parking cannot be placed to the rear.
(iii)
Reduction in Bufferyard. .....A side or rear bufferyard which may be reduced to allow a driveway to the rear of the property which accesses the off-street parking if the provisions of Section B.3-5.4(C) are met.
(iv)
Landscaped Separation from Building. .....A minimum three and one-half (3.5) foot wide landscaped area shall be provided between any parking area and building wall providing access into the unit(s).
(e)
Vehicular Use Landscaping Requirements. Vehicular use landscaping requirements of Section B.3-4 must be met for multifamily or townhouse developments containing more than four (4) units or nonresidential uses.
(f)
Roofs. Pitched roofs are required on all buildings.
(5)
Building Spacing Requirements. .....All multifamily or townhouse, or twin home residential buildings shall meet requirements of Section B.3-1.2(K).
(C)
LO District .....Multifamily or townhouse development is permitted in the LO District at a maximum density of twelve (12) units per acre.
(D)
RM-5 District .....Three- and four-unit buildings are the only type of multifamily or townhouse residential buildings permitted in the RM-5 Zoning District.
(E)
Dimensional Requirements for Townhouse and Twin Home Units and Buildings
(1)
Townhouse and Twin Home Units. .....Townhouse and twin home units developed in the RSQ and RM-5 Districts shall adhere to the dimensional requirements of their respective Zoning Districts. Townhouse and twin home units in other permitted zoning districts shall adhere to the maximum height and minimum street side yard setback requirements of the applicable zoning district.
(2)
Townhouse or Twin Home Buildings. .....Development projects with townhouse and twin home buildings shall comply with the general dimensional and building spacing requirements of the applicable zoning district.
2-5.62.1 RESIDENTIAL BUILDING, SINGLE FAMILY
(A)
CB Districts .....Within the CB District, Single Unit Residential shall be allowed for adaptive reuse of existing structures only.
(B)
No double key or other locking mechanism which has the purpose of preventing access while the room is uninhabited shall be installed on any interior bedroom door within the dwelling unit, except for a single bedroom if used as lodging for a resident guest under home occupation provisions.
(WA-UDO-15, § 8, 2-24-11)
(A)
Outdoor Display of Merchandise
(1)
Location. .....Outdoor display areas may not be located in parking areas, required landscape areas or on sidewalks. All outdoor display areas must be shown on the approved site plan.
(2)
Size. .....Outdoor display areas may not exceed ten percent (10%) of the gross square footage of the building/tenant space or seven thousand five hundred (7,500) square feet, whichever is less.
(3)
Setbacks. .....Outdoor display areas must meet the required setbacks for the underlying zoning district.
(4)
Screening. .....For any outdoor display area located between the front wall of the building, extended to the side property lines, a ten (10) foot wide streetyard must be installed between the street and outdoor display area.
(5)
Parking. .....Parking for the outdoor display area is calculated using the parking standard for the Retail Store use.
(WA-UDO-15, § 8, 2-24-11)
2-5.63 RIDING STABLE, INCLUDING VETERINARIAN SERVICES FOR EQUINE SPECIES AND CATTLE
(A)
Size .....Any riding stable shall occupy a zoning lot containing not less than five (5) acres.
(B)
Setbacks .....Such riding stables, including any structures housing permitted veterinarian services for equine species or cattle, shall be set back not less than one hundred fifty (150) feet from any adjoining zoning lot and one hundred (100) feet from any street right-of-way.
(A)
Minimum Site Area .....With the exception of elementary and secondary schools located within the geographic area bounded by 10th Street on the north, Salem Creek on the south, US 52 on the east, and Broad Street on the west, the minimum site area for each type of private school shall be not less than the following square footage per pupil:
(1)
Elementary School. .....Elementary School, grades kindergarten through five (5): four hundred (400) square feet;
(2)
Secondary School.
(a)
Middle School. Middle School, grades six (6) through eight (8): six hundred (600) square feet; or,
(b)
High School. High School, grades nine (9) through twelve (12): eight hundred (800) square feet.
(3)
Combination of Grades and School Types. .....When a private school provides a combination of above grades and schools, the minimum site area is calculated by prorating the number of pupils for each grade.
(B)
Mobile Units .....Any new schools shall identify any area(s) on which a Mobile School Unit is to be placed. A Mobile School Unit shall be allowed through the issuance of a zoning permit for all School, Private sites provided that the Mobile School Unit meets the requirements of Section B.2-5.64(D)(6), and complies with the temporary use provisions of Section B.2-7. If unable to meet the requirements of Section B.2-5.64(D)(6), for exemption, the Mobile School Unit must be approved by the Planning Board where the Planning Board may adjust or waive the specified requirements based on site circumstances.
(C)
Other Requirements in GMA 1 and the CB District
(1)
Interior Floor Space. .....The minimum interior floor space for each school shall not be less than one hundred (100) square feet per pupil.
(2)
Play Area. .....The minimum outdoor or indoor play area shall be five thousand (5,000) square feet.
(3)
Off-Street Loading. .....There shall be a minimum of one off-street loading or unloading space per fifty (50) pupils enrolled, appropriately located to the entrance(s) to the school building.
(D)
Exemptions .....Exempted from Planning Board review are the following improvements or buildings on school campuses, provided the Director of Inspections consult with the Director of Planning prior to the issuance of any permits for these improvements or buildings:
(1)
Recreation Improvements. .....Concession stands, playground equipment, or bleachers with a seating capacity for less than one thousand (1,000) spectators;
(2)
Building Expansions or Accessory Buildings. .....Expansions of less than four thousand (4,000) square feet (building footprint) or existing principal buildings; or maintenance, storage, or accessory buildings of less than four thousand (4,000) square feet (building footprint);
(3)
Modification to Parking Lots. .....Modifications to existing parking lots and driveways (NOTE: Any changes to driveways must receive driveway permits from either the City of Winston-Salem or the North Carolina Department of Transportation, whichever is applicable);
(4)
New Parking. .....New parking or pavement areas of less than twenty thousand (20,000) square feet; or,
(5)
Utilities. .....Installation of new utilities or maintenance of existing utilities (NOTE: Any utility relocations or installations must be approved by the Utilities Commission).
(6)
Mobile School Units. .....A Mobile School Unit is exempt from a Planning Board Review provided that the Mobile School Unit meets the following design considerations or the location has previously been approved by the Planning Board. If unable to meet these provisions, the Mobile School Unit must be approved by the Planning Board where the Planning Board may adjust or waive the specified requirements based on site circumstances. The requirements are as follows:
(a)
Setbacks. A Mobile School Unit shall be setback no less than forty (40) feet from all property lines and shall be located no closer to the surrounding public street(s) than the principal school structure.
(b)
Buffering. Either the bufferyard specified in Section B.3-5.2 shall be installed or the provision of Section B.3-5.2(D) met through the approval of a landscaping plan for the School, Private site.
(c)
Accessibility and Safety. A hard-surfaced, accessible route with a minimum width of five (5) feet shall be provided between the principal school structure and the Mobile School Unit(s). Further, a striped pedestrian crosswalk shall be provided where this accessible route crosses parking and drive aisles.
(d)
Other. All other standards of the Unified Development Ordinances shall be met.
(E)
Charter Schools .....Charter schools are permitted in all zoning districts in which private schools are permitted, and are also permitted within a geographic area defined by Salem Creek on the south, US 52 on the east, Tenth (10th) Street on the north, and Broad Street on the west.
(F)
Landscape Plan .....A landscape plan prepared per the requirements of Section B.3-4.8 shall be prepared and installed for any new school or improvements to schools approved or constructed after the date of adoption of this Ordinance.
The following conditions apply to public schools in all zoning districts where permitted:
(A)
School Stadiums
(1)
Stadiums. .....A school stadium may be located on the same zoning lot as any public secondary school.
(2)
Stadium and Playground Area Setbacks. .....School stadiums, including the parking areas, or other playground areas, shall be set back not less than fifty (50) feet from the property lines of any adjacent residentially zoned property.
(3)
Bufferyards. .....A fence option bufferyard of type II, as specified in Section B.3-5, shall be provided along the side and rear property lines between any school stadium and any property zoned for residential use.
(B)
Mobile Units .....Any new schools shall identify any areas on which a Mobile School Unit is to be placed. A Mobile School Unit shall be allowed through the issuance of a zoning permit for all school, Public sites provided that the Mobile School Unit meets the requirements of Section B.2-5.65(D)(6), and complies with the temporary use provision of Section B.2-7. If unable to meet the requirements of Section B.2-5.65(D)(6) for exemption, the Mobile School Unit must be approved by the Planning Board where the Planning Board may adjust or waive the specified requirements based on site circumstances.
(C)
Other Requirements in GMA 1 and the CB District
(1)
Interior Floor Space. .....The minimum interior floor space for each school shall not be less than one hundred (100) square feet per pupil.
(2)
Play Area. .....The minimum outdoor or indoor play area shall be five thousand (5,000) square feet.
(3)
Off-Street Loading. .....There shall be a minimum of one off-street loading or unloading space per fifty (50) pupils enrolled, appropriately located to the entrance(s) to the school building.
(4)
State Approval. .....The facility plan must be approved by the North Carolina Department of Public Instruction, Division of School Planning and/or the North Carolina Department of Insurance.
(D)
Exemptions .....Exempted from Planning Board review are the following improvements or buildings on Winston-Salem/Forsyth County School campuses, provided the Director of Inspections consults with the Director of Planning prior to the issuance of any permits for these improvements or buildings:
(1)
Recreation Improvements. .....Concession stands, playground equipment, or bleachers with a seating capacity for less than one thousand (1,000) spectators;
(2)
Building Expansions or Accessory Buildings. .....Expansions of less than four thousand (4,000) square feet (building footprint) of existing principal building; or maintenance, storage, or accessory buildings of less than four thousand (4,000) square feet (building footprint);
(3)
Modification to Parking Lots. .....Modifications to existing parking lots and driveways (NOTE: Any changes to driveways must receive driveway permits from either the City of Winston-Salem or the North Carolina Department of Transportation, whichever is applicable);
(4)
New Parking. .....New parking or pavement areas of less than twenty thousand (20,000) square feet;
(5)
Utilities. .....Installation of new utilities or maintenance of existing utilities (NOTE: Any utility relocations or installations must be approved by the Utilities Commission).
(6)
Mobile School Unit. .....A Mobile School Unit is exempt from a Planning Board Review provided that the Mobile School Unit meets the following design considerations or the location has previously been approved by the Planning Board. If unable to meet these provisions, the Mobile School Unit must be approved by the Planning Board where the Planning Board may adjust or waive the specified requirements based on site circumstances. The requirements are as follows:
(a)
Setbacks. A Mobile School Unit shall be setback no less than forty (40) feet from all property lines and shall be located no closer to the surrounding public street(s) than the principal school structure.
(b)
Buffering. Either the bufferyard specified in Section B.3-5.2 shall be installed or the provision of Section B.3-5.2(D) met through the approval of a landscaping plan for the School, Public site.
(c)
Accessibility and Safety. A hard-surfaced, accessible route with a minimum width of five (5) feet shall be provided between the principal school structure and the Mobile School Unit(s). Further, a striped pedestrian crosswalk shall be provided where this accessible route crosses parking and drive aisles.
(d)
Other. All other standards of the Unified Development Ordinances shall be met.
(E)
Landscape Plan .....A landscape plan prepared per the requirements of Section B.3-4.8 shall be prepared and installed for any new school or improvements to schools approved or constructed after the date of adoption of this Ordinance. Schools currently under construction at the time of adoption of this ordinance may elect to provide landscaping in compliance with Section B.3-4.8 and Section B.3-5.2(D).
2-5.66 SHOOTING RANGE, OUTDOOR
(A)
Skeet or Trapshooting Range Size .....Skeet or trapshooting ranges shall be located on a site of not less than fifteen (15) acres, and such ranges shall be so designed and constructed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than three hundred (300) yards.
(B)
Rifle or Pistol Range Size .....A rifle or pistol range must be located on a site of not less than twenty (20) acres.
(C)
Rifle or Pistol Range Backstop .....A rifle or pistol range must have a backstop along the entire length of the target line meeting the following specifications:
(1)
Ranges Less Than Three Hundred (300) Yards in Length. .....For ranges less than three hundred (300) yards in length: an earth embankment not less than twenty-five (25) feet in height and not less than ten (10) feet in thickness at the top. Such earth embankment shall be well sodded to retain a slope of thirty-five (35) degrees from the perpendicular, or, if sodding is impractical, the slope may be terraced with timber or log retaining walls. Such embankment shall be topped with an earth filled, double-fenced barricade no less than fifteen (15) feet in height and not less than three (3) feet in thickness at the top.
(2)
Ranges Greater Than Three Hundred (300) Yards In Length. .....For ranges greater than three hundred (300) yards in length: ten (10) feet in overall height shall be added to the backstop for each additional one hundred (100) yards or fraction thereof in additional range. In no case shall the earth embankment be less than ten (10) feet in thickness at the top, nor shall the double fenced barricade be less than three (3) feet in thickness at its top. The required backstop may be either a natural terrain feature or a constructed earth embankment. In the case of a natural terrain feature, a topographic map at a scale of not less than one inch represents two hundred (200) feet (1" to 200') and two (2) foot contour intervals showing the terrain feature shall be submitted with the request for a special use permit.
(D)
Hours of Operation .....The use of firearms shall be limited to between the hours of 7:00 a.m. and 9:30 p.m.
Uses permitted in Shopping Centers shall be all those uses permitted in the applicable zoning district.
2-5.69 SOLID WASTE TRANSFER STATION
(A)
Type of Waste Handled .....The transfer station shall only accept those wastes it is permitted to receive. This limitation shall not preclude use of the transfer station for collection, processing, storage, and transfer of recyclable materials or for other waste reduction activities.
(B)
Vehicular Access .....Vehicular access to the transfer station site shall be provided on a major or minor thoroughfare or on a road improved to necessary industrial capacity as determined by the North Carolina Department of Transportation for Forsyth County.
(C)
Setback and Buffering .....Setback and buffering requirements for the underlying district shall be met. Where the facility is adjacent to residentially zoned land under separate ownership, setback and buffering for structural and vehicular use areas are specified below:
(D)
Within Enclosed Building .....The unloading and loading of solid waste shall take place within a building enclosed on at least three (3) sides. The open side or bay openings for truck access shall be oriented away or screened from adjacent residentially zoned properties in separate ownership, historic districts, or public rights-of-way for those roads subject to requirements of Section B.2-1.6(B)(2)(c).
(E)
Comply With State And Federal Law .....The establishment and operation of a transfer Station shall comply with all federal and State laws for such facilities. However, where this ordinance is more restrictive, this ordinance shall control.
2-5.70 STORAGE AND SALVAGE YARD
(A)
Fencing
(1)
Location. .....An opaque fence or wall shall be erected on any property line which is adjacent to any street, road, or highway; and all business activity, including storage of articles, shall be conducted within said fence. Fencing requirements shall be one of the following:
(a)
Within Fifty (50) Feet of Right-of-Way. An eight (8) foot high opaque fence is required if located within fifty (50) feet of the right-of-way boundary; or,
(b)
Beyond Fifty (50) Feet of Right-of-Way. A six (6) foot high opaque fence is required if located fifty (50) feet or more from the right-of-way boundary.
(2)
Conditions. .....Such fencing shall meet the following conditions:
(a)
Construction. The fence and screening shall be constructed of materials manufactured, sold and used exclusively as fencing materials with consistent height, materials, and color;
(b)
Maintenance. All fences shall be maintained in sound condition at all times; and,
(c)
Advertising. Fences shall not contain advertising or other lettering or signs other than lettering which identifies the operation carried on within the enclosure.
(B)
Bufferyards
(1)
Industrial Zoning Type. .....A storage and salvage yard is considered an industrial zoning type for purposes of bufferyard requirements of Section B.3-5.
(2)
Type of Bufferyard Required. .....In addition to the requirements of Section B.3-5, a type I bufferyard shall be provided along side and rear lot lines adjacent to property zoned for commercial or industrial use.
(C)
Effective Date .....Such uses existing on the effective date of this Ordinance shall meet all requirements of this section within one year of the effective date of this Ordinance.
Private swimming pools are permitted as principal uses in all districts as indicated in Table B.2.6, or as accessory uses, provided they meet the following requirements:
(A)
Rear Yard Setbacks .....Pools located in the rear yard of the property shall be no less than five (5) feet from the rear property line but must meet principal building setbacks for the side yard.
(B)
Front and Side Yard Setbacks .....Pools located to the front and side of the principal building shall meet the front and side yard requirements of the district in which they are located.
(C)
Building Permits .....Prior to construction, all pools shall be reviewed and receive building permits by the Director of Inspections.
(D)
Fencing .....Pools shall be completely enclosed by a fence, above average grade level, at least four (4) feet in height. However, swimming pools on lots of five (5) acres or more in the AG, YR, RS-40, RS-30 and RS-20 Districts may, in lieu of the fencing requirement, be set back at least two hundred (200) feet from the front lot line and one hundred (100) feet from the rear lot line. For purposes of this section, the exterior walls of a house or building may be incorporated as a portion of such fence to create a fully enclosed area around the pool. All fence openings or points of entry into the pool shall be equipped with gates. Gates shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times. The fence and gate shall be void of any holes or openings larger than five (5) inches or ten (10) centimeters in one dimension.
(E)
Business .....No private swimming pool shall be operated as a business.
(A)
Stacking Area .....Off-street stacking area for motor vehicles shall be provided, in the amount of five percent (5%) of the motor vehicle capacity of the theater.
(B)
Exit Points .....One or more exits, at locations other than the point of entry, shall be provided.
(C)
Streetyard .....A streetyard as described in Section B.3-4 shall be installed in the area between the street property line and the setback line. However, a roadway may be constructed across such area.
(D)
Bufferyard .....A type I bufferyard shall be provided adjacent to commercially zoned property.
(E)
Fencing .....A solid fence or wall not less than eight (8) feet in height shall be erected to entirely enclose the theater except at driveways. Said fence shall be installed along street frontage on the setback line required for principal structures. Said wall or fence shall be installed along other property lines to allow planting area for the required bufferyard. Said fence shall be painted, and no such fence shall contain advertising other than lettering which identifies the operation carried on within the enclosure.
(F)
Screen Orientation .....The theater screen shall be so oriented as not to attract the attention of motorists on streets.
(G)
Sound .....Any mechanically produced sound shall be delivered to each motor vehicle by an individual speaker.
(A)
Applicability .....Transmission towers which are principal or accessory uses shall meet the following requirements:
(B)
Prohibited Districts .....Transmission towers shall not be permitted as a principal or accessory use in RS Districts in GMAs 1, 2, or 3.
(C)
Fencing .....Security fencing at least six (6) feet in height shall be installed around the tower and any ground equipment or buildings.
(D)
Setback .....The tower shall be set back a minimum one hundred (100) feet from any adjacent zoning lot zoned RS, RM, YR, AG, or H; and a minimum forty (40) feet from any other adjacent zoning lot or public street. Buildings must meet the setback requirements for principal structures of the underlying district.
(E)
Signage .....No business signs, billboards, or other advertising shall be installed on the tower.
(F)
Bufferyard .....Where the transmission tower is located within two hundred (200) feet of an adjacent zoning lot or street and there is no intervening structure to block the view of the tower base and improvements, a type IV bufferyard as described in Section B.3-5 shall be installed around the outside of all improvements on the site, including the tower, any ground buildings or equipment, and security fencing, so as to provide spatial separation and create a visual block from adjacent properties and streets.
(G)
Control of Land .....All land necessary for improvements, including the transmission tower, buildings, fencing, and landscaping, shall be in ownership of or under lease by the tower operator.
(H)
Exemptions
(1)
Attached or Incorporated in a Structure. .....Transmission towers located on nonresidential structures or incorporated into other structures, which structures are devoted to a use not related to the transmission tower, are exempt from the security fencing, setback, bufferyard, and control of land requirements of this section. All ground equipment or buildings shall be placed underground or screened from view.
(2)
Utilities Rights-of-Way. .....Transmission towers located within electrical utility company right-of-way are exempt from the setback and bufferyard requirements of this section.
(I)
Co-Location
(1)
Other Structures. .....Co-location of antennas of more than one service provider on individual transmission towers is encouraged, subject to the verified structural and mechanical capabilities of the tower. If no other towers, buildings, or other structures exist within the applicant's tower site search area that are structurally capable of supporting the intended antenna or configuration of antennas or meeting the applicant's necessary height criteria or provide a location free from interference of any nature, then satisfactory evidence to that effect shall be submitted by a qualified expert at the time of application for the earliest required approval.
(2)
Other Users. .....All transmission towers installed after the effective date of this Ordinance shall be structurally and mechanically capable of accommodating the antenna or array of antennas of more than one user/transmitter, unless the tower is incapable of supporting more than one user/transmitter due to the design of the tower which is incorporated into another structure in compliance with Section B.2-5.73(H). Monopoles shall accommodate a minimum of two (2) total users, lattice or other types of towers shall accommodate a minimum of three (3) total users. These users shall be in addition to the local jurisdiction which may place devices per Section B.2-5.73(K). Certification as to the tower's structural and mechanical capability to accommodate colocation shall be provided by a professional engineer or other qualified professional.
(3)
Access. .....Access to available technically feasible space on any towers shall not be denied to any competitive users or service provider, unless the additional use would cause objectionable interference or present a danger to the structural safety or stability of the tower.
(4)
Nonconforming Uses. .....Requirements for co-location on transmission towers which are nonconforming are contained in Section B.5-2.3(E).
(J)
Termination of Use .....A tower that is no longer used for communication purposes must be removed within one hundred twenty (120) days of the date it is taken out of service.
(K)
Easement for Public Facilities .....At the request of the local jurisdiction, an easement shall be granted to the jurisdiction to place cameras, monitors, two-way mobile radio equipment, or other desired telecommunications devices; however such devices may be restricted so as not to affect the functioning of the antenna or array of antennas of the tower operator or service provider.
(L)
Placement On or Within Large Public Structures .....Notwithstanding the provisions of Table B.2.6, nonfreestanding transmission towers meeting the provisions of Section B.2-5.73(H) or located on large, non-habitable public or utilities structures, including but not limited to water towers and trestles of major electrical distribution lines, are permitted under the following conditions:
(1)
Zoning Permit. .....A zoning permit from the Director of Inspections is required.
(2)
Compliance with Use Conditions. .....Use conditions regarding signage must be complied with.
(M)
State Plane Coordinates .....All site plans submitted in conjunction with requests for transmission towers shall include the location of the proposed tower by State Plane Coordinates and above ground level and sea level elevations, based on 1983 North America datum. All towers operated by the applicant in Forsyth County and within one-quarter (¼) mile of its borders shall also be similarly located and submitted with the site plan.
(N)
Color, Finish, Lighting .....Unless otherwise required by the Federal Aviation Administration (FAA), the finish of the transmission tower shall be non-shiny or glossy; any painted color shall be muted or neutral; and no lights or strobe lights shall be placed on the tower. If lights are required by the FAA, the least obtrusive lighting option available under FAA guidelines shall be installed; white strobe lights are discouraged from use.
(A)
Setbacks .....Any structure erected or use instituted shall be set back not less than forty (40) feet from property lines of any adjacent residentially zoned property.
(B)
Residential Districts .....The following conditions apply in residential districts:
(1)
Health or Safety Hazards. .....All uses which may produce health or safety hazards shall be enclosed by a fence a minimum of six (6) feet in height.
(2)
Bufferyard. .....All uses which may be potential nuisances by creating glare, dirt, noise or other adverse impacts shall be screened, except for driveways, with a type I bufferyard as specified in Section B.3-5.
(3)
Exemptions.
(a)
General. Exempt from the provisions of this section are lines for the transportation, transmission, and distribution of the various utilities. This category includes but is not limited to electricity, telegraph, and telephone services and their supporting structures, other than buildings; the lines related to sewerage, water, oil, steam and gas; and rail trackage.
(b)
Fencing and Screening. Exempt from the above fencing and screening requirements are reservoirs, water treatment plants, and wastewater treatment plants.
2-5.75 VETERINARY SERVICES AND ANIMAL SHELTER, PUBLIC
The following conditions apply to veterinary services in the NB, LB, GB, HB, and NSB Districts:
(A)
Location and Setbacks .....Veterinary services may be permitted in attached buildings; however, any end unit in an attached building or any freestanding building containing such a use must be set back at least twenty (20) feet from any side lot line and forty (40) feet from any rear lot line. Any end unit of an attached building or any freestanding building containing such a use abutting a residential district shall be set back not less than forty (40) feet from any residential boundary.
(B)
Enclosure of Facilities .....The veterinary services use shall be fully enclosed. There shall be no outside runs or exercise areas for animals or pets. Any outside use of the property for the animals or pets must be supervised and on leashes.
2-6 - ACCESSORY USES
2-6.1 GENERAL REQUIREMENTS
(A)
Accessory Uses Permitted .....A use accessory to a principal use is permitted if, in the opinion of the Director of Inspections, the accessory use is customarily incidental to the principal use.
(B)
Same Zoning Lot .....An accessory use must be located on the same zoning lot as the principal use to which it is accessory, except for off-site parking or other use provided for by this Ordinance.
(C)
Subordinate to the Principal Use .....An accessory use must be clearly subordinate in area, extent of activity, or purpose to the principal use to which it is accessory.
(D)
Compliance with Ordinance Requirements .....An accessory use must comply with all applicable dimensional and other requirements of this Ordinance.
2-6.2 USES ACCESSORY TO CERTAIN PRINCIPAL USES
Uses not otherwise permitted in the zoning district are permitted as accessory to the following principal uses as indicated. This section does not limit the Director of Inspections in permitting other accessory uses under Section B.2-6.1(A).
Table B.2.8
Uses Accessory to Certain Principal Uses
(WA-UDO-15, § 8, 2-24-11; WA-UDO-20, § 2, 11-17-16)
2-6.3 ACCESSORY USES SUBJECT TO OTHER REQUIREMENTS
(A)
Requirements of Other Sections .....The following uses are permitted as accessory to other principal uses, subject to other requirements of other sections, as indicated.
Table B.2.9
Accessory Uses Subject to Other Requirements
(B)
Reserved.
(C)
Motor Vehicle Storage Yards .....Motor vehicle storage yards are permitted in the NB and NSB Districts as an accessory use only, subject to the provisions of Section B.2-1.3(E)(3) and Section B.2-1.3(H)(3), respectively.
(D)
Banking and Financial Services
(1)
C District. .....Banking and financial services, including automatic teller machines (ATM's), are permitted in the C District as an accessory use only.
(2)
NB District. .....ATM's are permitted in the NB District as an accessory use if not constructed as a drive-through facility.
(3)
Shopping Centers. .....ATM's located in parking areas of shopping centers or on internally oriented out lots are not required to provide stacking spaces otherwise required in Section B.3-3.3(F).
(E)
Transmission Towers .....Transmission towers which are accessory uses shall meet the requirements of Section B.2-5.73.
(F)
Donation Containers
(1)
Number. .....Only one donation container shall be allowed on a zoning lot.
(2)
Inspection. .....Donation containers shall be inspected on a sufficiently regular and frequent basis by the container's owner to ensure that all donations are placed inside the container. Donations found outside the container constitute evidence of violation of this provision.
(3)
Evidence of property owner authorization. .....The sponsoring organization responsible for the donation container must submit written evidence on demand that the property owner has authorized said location for a donation container site.
(4)
Maintenance. .....Donated items shall be placed inside the donation container and shall not be allowed to accumulate outside the same.
(5)
Identification. .....The name and telephone number of the party responsible for its maintenance shall be clearly posted on the container. The donation container shall also contain information that states: the sponsoring organization and charities receiving benefit (including telephone number and address) if different from the party responsible for maintenance.
(6)
Responsibility; violations.
(a)
Both the sponsoring organization responsible for the donation container and the owner of the property where it is located shall be subject to the enforcement provisions contained in Article IX of Chapter B of the UDO.
(b)
Additionally, with respect to any zoning lot upon which the standards and regulations of this section (F) have been violated twice, but less than six (6) times, within a twelve (12) month time period, a donation container shall not thereafter be a permitted accessory use thereon, but shall, for purposes of this subsection (6) only, and notwithstanding the Definitions Ordinance of the UDO. be considered nonconforming, and any donation container shall be immediately removed from the zoning lot where the violations occurred. At the expiration of two (2) years from the removal of the donation container, it may be re-established at the zoning lots from which it had been removed.
(c)
Additionally, should the sponsoring organization responsible for any donation container violate the standards or regulations of this section (F) at least six (6) times within a twelve (12) month period at any one (1) or more zoning lots within the Town's zoning jurisdiction, then such sponsoring organization may not place a donation container within the Town's zoning jurisdiction for a period of two (2) years following the date of the sixth violation, and all such donation containers shall be immediately removed from the Town's zoning jurisdiction.
(WA-UDO-15, § 8, 2-24-11; WA-UDO-20, § 2, 11-17-16)
2-6.4 USES WHICH MAY ONLY BE ACCESSORY TO PRINCIPAL USES
The following uses may only exist or be developed as accessory uses to a principal use, as provided below:
(A)
Above Ground Storage Tanks
(1)
Setbacks. .....Above ground storage tanks shall meet all building setback requirements of the zoning district, except storage tanks located on existing sites of institution or utility uses where existing below ground tanks are being replaced by above ground tanks or storage tanks with a storage capacity of five hundred (500) gallons or less located in residential zoning districts.
Storage Tank Setbacks
(2)
Development Standards. .....Above ground storage tanks which are accessory to offices, businesses, industries, or on sites of institution or utility uses and which are located within one hundred (100) feet of any public right-of-way and not screened by a building from the street or not located within ten (10) feet of a principal building, shall meet the following standards.
(a)
Screening.
(i)
The tank shall be partially or totally screened from view from the public right-of-way.
(ii)
Said screening may consist of landscaping, planted earthen berms, natural topographic features, or a combination thereof. Landscaping shall consist of any shrubs identified in the streetyard and interior shrubs suggested plant materials plant list in Section B.3-4.10(D). Said shrubs shall be spaced no more than eighteen (18) inches, edge to edge. No more than thirty percent (30%) of shrubs shall be deciduous.
(iii)
Said screening shall be planted a minimum height of five (5) feet from the tank and be installed along the entire length of the tank if installed horizontally or along the base of the tank if installed vertically.
(iv)
Said screening shall be maintained as long as the tank is present.
(v)
For tanks storing flammable, combustible, hazardous or toxic materials, screening shall not interfere with Fire Department operations, and N.F.P.A. 704 I.D. placards shall be installed as required by the Fire Official.
(3)
Signage. .....No signs or advertising shall be permitted on the tank or screening, except identification signs or labels as required by State law.
(4)
Hazardous Material. .....Above ground storage tanks containing flammable, combustible, hazardous or toxic materials are not permitted in RS and RM Districts.
(5)
Tanks with Capacity Greater than One Thousand (1,000) Gallons. .....Tanks with individual storage capacity greater than one thousand (1,000) gallons are permitted only in office, business, industrial or Campus Zoning Districts, or on sites of institution or utility uses.
(6)
Storage in Residential Districts. .....The storage of more than twenty-five (25) gallons of motor vehicles fuel, Class 1, as an accessory use on any zoning lot in a residential district shall not be permitted, except on a bona fide farm.
(B)
Dwelling, Accessory (Attached)
(1)
Occupancy Requirements. .....A zoning permit for an attached accessory dwelling shall be conditioned upon the property owner signing a statement verifying that one of the occupancy requirements is being met. The zoning permit shall automatically terminate when the occupancy requirement is no longer met.
(a)
At Least Fifty-Five (55) or Handicapped. The principal or accessory dwelling unit shall be occupied by a person at least fifty-five (55) years of age or handicapped; or,
(b)
Relation. The principal dwelling unit or the attached accessory unit shall be occupied by the following categories of persons:
(i)
Relative. Any relative under the civil law of the first, second, or third degree of kinship to the head of the household owning and occupying the principal dwelling on the lot, or to the spouse (whether living or deceased) of the head of the household;
(ii)
Adopted Person. A son or daughter by legal adoption, or the adoptive parents of the head of the household or such person's spouse, whether spouse is living or deceased;
(iii)
Other Dependent. A dependent of the head of the household or of such person's spouse as defined by the North Carolina Department of Revenue; or,
(iv)
Servant. A servant employed on the premises and the servant's family, but only if such servant receives more than one-half of his/her annual gross income in return for services rendered on the premises.
(2)
Structure. .....The principal building shall not be altered in any way so as to appear from a public street to be multiple family housing.
(a)
Prohibited Alterations. Prohibited alterations include, but are not limited to: multiple entranceways, multiple mailboxes, or multiple nameplates.
(b)
Access. Wherever feasible and consistent with the State Residential Building Code, access to the accessory dwelling unit shall be by means of existing doors.
(c)
Stairways. No new stairways to upper floors are permitted on any side of a building which faces a public street.
(d)
Utilities. Electric and/or gas utilities shall be supplied to both units through a single meter.
(3)
Size of Unit. .....An attached accessory dwelling unit shall occupy no more than fifty percent (50%) of the heated floor area of the principal building, but in no case shall be greater than one thousand (1,000) square feet. The sum of all accessory uses, including home occupations, in a principal residential building shall not exceed fifty percent (50%) of the total floor area of the building.
(4)
Parking. .....Parking for the attached accessory dwelling shall be served by the same driveway as the principal dwelling.
(5)
Number of Accessory Dwellings. .....No more than one accessory dwelling, whether attached or detached, shall be located on a lot.
(C)
Dwelling, Accessory (Detached)
(1)
Occupancy Requirements. .....A special use permit for the detached accessory dwelling must be approved by the Board of Adjustment in accordance with the requirements of Section B.6-1. In addition, the applicant must submit a statement verifying that the occupancy requirements of this section are being met. The permit shall automatically terminate with the termination of occupancy by such persons. The principal dwelling unit or the detached accessory unit shall be occupied by the following categories of persons.
(a)
Relative. Any relative under the civil law of the first, second, or third degree of kinship to the head of the household owning or occupying the principal dwelling on the lot, or to the spouse (whether living or deceased) of the head of the household;
(b)
Adopted Person. A son or daughter by legal adoption, or the adoptive parents of the head of the household or such person's spouse, whether spouse is living or deceased;
(c)
Other Dependent. A dependent of the head of the household or of such person's spouse as defined by the North Carolina Department of Revenue; or,
(d)
Servant. A servant employed on the premises and the servant's family, but only if such servant receives more than one-half of his/her annual gross income in return for services rendered on the premises.
(2)
Dimensional Requirements. .....Any detached accessory dwelling shall comply with all dimensional requirements applicable to accessory structures in Sections B.3-1.2(F) and (G).
(3)
Building Requirements. .....Any detached accessory dwelling shall comply with all building, plumbing, electrical, and other applicable codes, other than a manufactured housing unit.
(4)
Number of Accessory Dwellings. .....No more than one accessory dwelling, whether attached or detached, shall be permitted on the same lot.
(D)
Home Occupation
(1)
Purpose. .....The intent of this section is to permit certain home occupations under reasonable safeguards, but not to encourage their development or expansion in violation of the regulations governing the residential districts. This section sets forth the special conditions home occupations must meet to insure compatibility with existing residential uses.
(2)
Permits. .....The Director of Inspections, in the issuance of a zoning permit for a home occupation, shall determine that all prescribed conditions are met. Such permit shall be revoked upon a finding that any home occupation established under this Ordinance fails at any time to meet the requirements prescribed herein.
(a)
Zoning Permits. Zoning permits may be issued by the Director of Inspections for the following service occupations:
(i)
The office or studio of an accountant, planner, architect, surveyor, artist, attorney, author, ceramist, clergyman, engineer, interior designer, landscape architect, musician, photographer, dentist, physician or other licensed medical practitioner, teacher of not more than three (3) pupils on the premises at any time, or practitioners in similar fields of service.
(ii)
Other services such as dressmaking, home handicrafts, tailoring, millinery, nameplate making, home cooking, baking or preserving, and telephone or mail services.
(iii)
Boarding or Rooming House. .....Lodging, or boarding and lodging, of not more than three (3) residents, where the owner is an occupant of the property. All lodging or boarding of residents under the home occupation provisions must be registered with the Director of Inspections when established.
(b)
Special Use Permits. Special use permits may be issued by the Board of Adjustment in rural areas (GMAs 4 and 5) for construction contracting and motor vehicle repair provided such home occupations meet the characteristics of and the prescribed use conditions for home occupations. A special use permit for such use shall be issued for a period of up to three (3) years in order to provide for automatic review by the Board of Adjustment.
(3)
Conditions. .....The following conditions apply to home occupations:.
(a)
Incidental and Secondary Use. A home occupation shall be a clearly incidental and secondary use to the principal use as a residence by the person conducting the occupation.
(b)
Number. Only one home occupation shall be permitted per principal dwelling unit. The home occupation may be operated only in the principal dwelling unit or in an accessory building, as permitted herein.
(c)
Impact. A home occupation shall not increase significantly traffic, noise, electrical interference, glare, dust, smoke, or odors.
(d)
Exterior. No exterior evidence of the presence of a home occupation shall be permitted except as hereinafter provided, nor shall the exterior character of the dwelling unit be changed.
(e)
Parking. Off-street parking shall be provided in compliance with Section B.3-3.2. Any parking area in addition to what is provided on the site at the time of application for the home occupation which is required to meet the standards of Section B.3-3.2 shall be located to the rear or side of the principal dwelling unit.
(f)
Displays. There shall be no salesroom or display window.
(g)
Signs. No sign announcing the presence of a home occupation shall be permitted other than one occupancy sign not more than one hundred forty-four (144) square inches in area. Additionally, the use of neon or illuminated signs which are visible from the exterior of buildings containing home occupations, including signs inside buildings, shall be prohibited.
(h)
Employees. Only members of the family residing in the principal dwelling unit and not more than one other employee may be employed in the operation of a home occupation.
(i)
Floor Area. The floor area of the principal dwelling unit used for the home occupation shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling unit, except where lodging is provided for resident guests.
(j)
Boarding and/or Lodging. Boarding and/or lodging of not more than three (3) resident guests shall be permitted only within the principal dwelling unit.
(k)
Outdoor Storage - Urban Areas. Home occupations in urban areas (GMAs 1, 2 and 3) shall be conducted entirely within the principal dwelling unit. No outside storage is permitted for home occupations in urban areas.
(l)
Outdoor Storage - Rural Areas. Outdoor storage for home occupations occurring within the principal dwelling unit in rural areas (GMAs 4 and 5) must be located on a zoning lot of three (3) acres or greater and is limited to one thousand (1,000) square feet. Said outdoor storage shall be located behind the principal dwelling unit and shall be screened by an opaque fence or wall and gate at least six (6) feet in height.
(m)
Additional Requirements. Home occupations in rural areas (GMAs 4 and 5) shall be conducted either within the principal dwelling unit or within an accessory building located on the same zoning lot as the principal dwelling unit. Where an accessory building is used for a home occupation, the home occupation shall meet the following additional requirements:
(i)
Lot Size. Be located on a zoning lot of three (3) acres or greater;
(ii)
Setbacks. Be set back from adjacent property lines, private roads, and public rights-of-way one hundred (100) feet;
(iii)
Location. Be located behind the principal dwelling or two hundred (200) feet from any private road, public right-of-way, or property line;
(iv)
Bufferyard. Have a type II bufferyard around the use;
(v)
Parking and Storage. Have no more than one thousand (1,000) square feet devoted to parking and outdoor storage including storage of motor vehicles awaiting repair at an motor vehicle repair home occupation. Said outdoor parking and outdoor storage of materials shall be located behind the principal dwelling unit or accessory building and shall be screened by an opaque fence or wall and gate at least six (6) feet in height.
(vi)
Building area. Have no more than one thousand (1,000) square feet of building area devoted to the home occupation.
(vii)
Other Requirements. Meet all other dimensional and height requirements for the zoning district in which the home occupation is located.
(E)
Postal Facility, Contract and Finance .....Contract and finance postal facilities are allowed as an accessory use to any principal use in multifamily residential (RM), business, office, institutional or industrial districts.
(WA-UDO-13, § 7, 2-26-09; WA-UDO-15, § 8, 2-24-11; WA-UDO-27, § 1, 12-17-20)
(A)
Fallout Shelter .....Structures designed to provide protection against nuclear fallout are permitted as principal or accessory uses in any district and are not subject to setback, yard or lot coverage restrictions, provided such structures extend not more than four (4) feet above grade.
(B)
Sale of Agricultural Products Grown on the Premises .....The sale of agricultural products grown on the premises is a permitted accessory use.
(C)
Farm Tenant Housing .....Housing for farmworkers on bona fide farms is a permitted accessory use.
(D)
Recycling Collection Point
(E)
Social Services on Church Campuses .....Homeless shelters, soup kitchens, and other social services conducted by a church or religious institution on its primary campus as permitted accessory uses.
(F)
Dwelling in Nonresidential Districts .....In zoning districts not otherwise permitting residential buildings, a watchman or caretaker may occupy a house or other quarters on the same premises where he or she is employed.
2-7 - TEMPORARY USES
2-7.1 PURPOSE
The intent of this section is to permit the temporary uses customarily accompanying the erection of permitted structures, or the establishment of permitted uses, or the accomplishment of permitted operations, as necessary to such work not substantially injurious to the public health, safety, or welfare. It is also the intent to permit customary uses of open land and of existing buildings and surrounding land which are temporary in nature.
2-7.2 TEMPORARY USES PERMITTED
If requirements of this Ordinance, the Public Health Department, and other applicable laws are met, customary temporary uses shall be permitted, including but not limited to the following:
(A)
Construction .....Temporary structures or manufactured homes used for construction offices and storage areas on construction sites, for which the duration of such permits is limited to the actual time required for construction, plus the thirty (30) day period following the issuance of a certificate of occupancy.
(B)
Grading .....Temporary structures or sites of grading operations, for which the duration of such permits is limited to the actual time required for grading operations, plus the thirty (30) day period following the issuance of a certificate of occupancy.
(C)
Proprietary or Governmental Operations .....Temporary structures, manufactured homes, or storage areas of public agencies in the conduct of proprietary or governmental operations.
(D)
Use of Open Land .....The use of open land for meetings, circuses or carnivals, or the sale of Christmas trees, baked goods or collected clothing and the like, if no structure is erected or placed other than tents or recreational vehicles, for which the duration of such permits is limited to no longer than forty-five (45) consecutive days.
(E)
Turkey Shoot .....The use of open land for a turkey shoot in the AG, RS-40, LI, and GI Districts outside the corporate limits of Winston-Salem, Kernersville, and Clemmons, subject to the following restrictions:
(1)
Size. A turkey shoot shall be on a site of not less than three (3) acres;
(2)
Distance to Adjacent Property. The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than two hundred (200) yards; or an earthen backstop not less than twenty (20) feet in height shall be provided beyond the target line but within two hundred (200) feet thereof;
(3)
Targets and Firing Points. Neither targets nor firing points shall be located closer than twenty (20) feet to a side property line;
(4)
Firearms. Shotguns only shall be fired;
(5)
Hours of Operation. The use of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m.; and,
(6)
Duration of Permit. The duration of the permit shall not exceed sixty (60) consecutive days.
(F)
Nonprofit Organizations .....The use of a residence or other building and surrounding land by any nonprofit charitable, religious, or educational organization for the purpose of exhibiting and purveying, indoors or outdoors, art or craft products, jewelry, clothing, foods, beverages, horticultural specimens, home furnishings and decorations, and similar or related items, and for presenting musical, film, or theatrical programs, indoors, for which the duration of such permits is limited to no longer than thirty (30) consecutive days.
(G)
Helicopter Sites .....Temporary helicopter landing and takeoff in conjunction with a special event, such as an athletic contest, a holiday celebration, parade or similar activity. All permits issued for a temporary helicopter landing facility shall be approved by the Police Department or Sheriffs Department and the Fire Official to ensure safety of operation. The duration of any zoning permit issued by the Director of Inspections for such temporary uses shall not exceed ten (10) consecutive days as specified in the permit. A temporary use permit is not required if landing or takeoff is necessary for law enforcement or other public safety purposes, or for aircraft or medical emergencies.
(H)
Manufactured Homes During Construction .....A manufactured home in the AG, YR and all RS Districts, occupied as a residence during construction of a single family home on the same zoning lot. Such temporary use permit shall be issued for a period not to exceed six (6) months, and may be extended for an additional six (6) months at the discretion of the Director of Inspections if the applicant can demonstrate substantial progress toward completion of construction.
(I)
Inert Debris Fill .....Fill of material on sites where the fill material consists only of inert debris strictly limited to concrete, brick, concrete block, uncontaminated soil, rock, gravel, and asphalt. Said permits may be issued for up to thirty (30) days, and may be renewed up to two (2) times.
(J)
Removal and Deposition of Soils .....The removal of inert debris strictly limited to concrete, brick, concrete block, uncontaminated soil, rock, gravel, and asphalt from one site and the deposition of said inert debris at one other site, provided:
(1)
Frequency. .....The sites so used for removal and deposition shall be permitted in tandem and only once.
(2)
Site Size. .....The area of disturbance of the zoning lot from which the inert debris is taken shall be no greater than five (5) acres.
(3)
Hours of Operation. .....Except in cases of emergency involving safety, the sites shall not be operated on Sunday and may not be operated earlier than 7:00 a.m. nor later than 6:00 p.m. on any other day.
(4)
Duration. .....Notwithstanding the provisions of Section B.2-7.3(A), the temporary use permit shall only run concurrently with the related grading permit issued for operation of the two (2) sites.
(K)
Child Care (Temporary Care) .....A temporary child care arrangement established as an accessory use to and on the same zoning lot of any institutional or public use which provides either drop-in care or a seasonal or other part-time basis. Such temporary care arrangements must be approved by the State. A permit for such activity shall not exceed ninety (90) days, and may not be renewed within the same calendar year.
(A)
Issuance .....Any temporary use shall be established only after issuance of a zoning permit by the Director of Inspections for such use. Duration of the temporary use shall be specified on such permit. Such permit may be renewed not more than twice, and such renewals may not exceed the period of time approved in the original permit. Unless otherwise specified, no single permit or single renewal shall be issued for a temporary use to exceed one year.