The Board of Adjustment may grant permission for the establishment of the following uses, or category of uses, if the Board of Adjustment finds from the evidence produced after a study of the complete record that:

(a)

The proposed use does not adversely affect the general plans for the physical development of the city as embodied in these regulations or in any plan or portion thereof adopted by the Planning Board or by the City Council;

(b)

The proposed use will not be contrary to the purposes stated in these regulations;

(c)

The proposed use will not adversely affect the health and safety of residents and workers in the city;

(d)

The proposed use will not be detrimental to the use of or development of adjacent properties or other neighborhood uses;

(e)

The proposed use will not be affected adversely by existing uses;

(f)

The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of such use;

(g)

The proposed use will not constitute a nuisance or fire hazard because of the number of persons who will attend or use such facility, of the vehicular movement, of noise or fumes or of the type of physical activity;

(h)

The proposed use will comply with all additional specific criteria set forth for each particular use as established in these regulations;

(i)

The proposed use will comply with the minimum area, setback, and other locational requirements of the zoning district in which it will be located;

(j)

The proposed use will comply with the off-street parking and loading requirements of these regulations. All parking and driveways shall be located in a safe and convenient manner;

(k)

The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size, capacity, and condition of such roads and sidewalks, lighting, drainage, intensity of use by both pedestrians and vehicles and the visibility afforded to pedestrians and the operators of motor vehicles on such roads; and

(l)

The proposed use will be compatible with existing uses that are adjacent to or neighboring the proposed location, as measured in terms of its physical size, intensity of use, visual impact, and proximity to other structures.

(Code 1993, § 27-44)

The Board of Adjustment may impose or require additional conditions, restrictions, and standards as may be necessary to protect the health and safety of workers and residents of the community, and to protect the value and use of property in the general neighborhood.

(Code 1993, § 27-45)

Whenever the Board of Adjustment shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the Board shall rescind and revoke such permit after giving notice to all parties concerned and granting full opportunities for a hearing. The Board of Adjustment shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.

(Code 1993, § 27-46; Ord. No. 21-3, § 1(Att.), 6-14-2021)

The Board of Adjustment may grant permission for the establishment of the uses listed under section 40-119, subject to the specific criteria set forth under section 40-120 and any conditions which the Board may deem necessary to satisfy the general criteria set forth in section 40-115.

(Code 1993, § 27-47)

The index to the listed uses, referred to in section 40-118, are as follows:

(a)

Major or minor repair facilities, includes major automobile repair services, minor automobile repair services, heavy equipment repairs, light equipment repairs, refrigerator or large appliance repairs.

(b)

Cemeteries/mausoleums.

(c)

Adult or child day care facilities.

(d)

Group care facilities.

(e)

Other care facilities, includes congregate care facilities, adult day care facilities, nursing or convalescent homes, orphanages.

(f)

Private clubs, billiard parlors.

(g)

Fraternity or sorority, private dormitories.

(h)

Salvage yards, auto parts; salvage yards, scrap processing.

(i)

Bars.

(j)

Caretaker dwellings.

(k)

Restaurants; with drive-through or with no drive-through.

(l)

Mining and quarrying.

(m)

Demolition debris landfills, major and solid waste disposal (nonhazardous).

(n)

Shelters for the homeless.

(o)

Migrant labor housing.

(p)

Amusement or water parks.

(q)

Country clubs with golf courses.

(r)

Golf driving ranges.

(s)

Recreational facilities, other.

(t)

Swim and tennis clubs.

(u)

Warehouses, self-storage.

(u.1)

Warehouses, self-storage in the RA20 Zoning District.

(v)

Theaters, outdoor.

(w)

Sports instruction schools.

(x)

Fish market.

(y)

Shooting ranges, indoor.

(z)

Shooting ranges, outdoor.

(aa)

Recreational vehicle parks or campsites.

(bb)

Flea markets, outdoor.

(cc)

Flowers, nursery stock, and florists' supply.

(dd)

Convenience stores, with gas pumps.

(ee)

Civic, trade, lodges, or business organizations.

(ff)

Fortunetellers, astrologers.

(gg)

Correctional institutions.

(hh)

Hazardous and radioactive waste.

(ii)

Heavy or noxious manufacturing, including animal feeds; animal slaughtering or rendering; asphalt plants; canned, cured, or frozen fish; industrial or commercial machinery; metal coating and engraving; petroleum and related products; pulp and paper mills; raw rubber and plastics; tires and inner tubes.

(jj)

Bed and breakfast (formerly known as tourist homes).

(kk)

Recycling collection points.

(ll)

Organic food products and sales.

(mm)

Hospice home-inpatient.

(nn)

Corporate park.

(oo)

Dry stack boat storage.

(pp)

Medical, dental, and related office storage and warehouse.

(qq)

Electronic gaming operations (aka internet sweepstakes operations).

(rr)

Tattoo parlors.

(ss)

Commercial marina.

(tt)

Micro-brewery and micro-distillery.

(uu)

Shelters for homeless women and children and victims of domestic violence.

(vv)

Private event center (indoor).

(ww)

Private event space (outdoor).

(Code 1993, § 27-48; Ord. No. 01-12, 10-8-2001; Ord. No. 03-03, 2-10-2003; Ord. No. 04-1, § 3, 1-12-2004; Ord. No. 07-01, § 4, 1-8-2007; Ord. No. 10-10, § 2, 12-13-2010; Ord. No. 11-1, § 2, 2-14-2011; Ord. No. 11-5, § 2, 3-14-2011; Ord. No. 11-12, § 3, 11-14-2011; Ord. No. 14-7, § 4, 10-6-2014; Ord. No. 17-1, § 3, 3-13-2017; Ord. No. 17-5, § 4, 12-11-2017; Ord. No. 19-8, § 2, 11-12-2019; Ord. No. 21-3, § 1(Att.), 6-14-2021; Ord. No. 24-1, § 5, 5-13-2024)

The specific criteria for the listed uses, referred to in section 40-118, are as follows:

(a)

Major or minor repair facilities. Major or minor repair facilities, includes major automobile repair services, minor automobile repair services, heavy equipment repairs, light equipment repairs, refrigerator or large appliance repairs.

(1)

All wrecked or damaged motor vehicles, parts, light, or heavy equipment and appliances shall be screened by an opaque fence of uniform construction, a minimum of six (6) feet in height, and with a bufferyard of greater intensity as required by the bufferyard regulations as not to be visible from adjoining property lines and street rights-of-way.

(2)

All vehicles on the premises for repair shall be stored at the rear of the principal structure.

(3)

No vehicle shall be stored on the premises for more than fifteen (15) days.

(4)

There shall be no exterior storage of items other than vehicles. No vehicle shall be stored within ten (10) feet of any street right-of-way.

(5)

There shall be no sale of vehicles.

(6)

Rental or utility trailers, cars, and trucks shall be permitted as accessory uses provided that all units in excess of four (4) shall be screened from adjoining street rights-of-way and property lines by an opaque fence of uniform construction, a minimum of six (6) feet in height, and with a bufferyard of greater intensity as required by the bufferyard regulations.

(7)

Outdoor displays of products such as tires, oil, wiper blades, or other similar products shall be permitted provided they are within ten (10) feet of the principal structure and outside required bufferyards. Signage displayed in conjunction with such displays shall be in accordance with the sign regulations.

(8)

All services except fuel sales and services related to fuel sales, such as, window washing and oil checks, shall be performed within a completely enclosed building.

(b)

Cemeteries/mausoleums.

(1)

A minimum of three (3) contiguous acres shall be required to establish a cemetery or mausoleum. This minimum area shall not apply to a family cemetery or family mausoleum.

(2)

Primary access shall be to a collector or thoroughfare street.

(3)

No gravesite shall be within ten (10) feet of any property line or within twenty-five (25) feet of any street right-of-way.

(c)

Adult or child day care facilities.

(1)

Maximum number of attendees: An adult day care center with less than seventeen (17) attendees or a child day care center with more than two (2), but less than nine (9) attendees may be operated as a home occupation subject to the development standards for a home occupation. Of the children present within a child day care center, no more than five (5) children shall be preschool-aged, including the operator's own preschool-age children.

(2)

An adult or child day care center with more attendees than those listed in section 40-120(c)(1) shall be operated as a principal use and subject to the following development standards:

a.

An indoor activity area shall be provided equivalent to at least twenty-five (25) square feet per attendee, exclusive of kitchens, bathrooms, closets, and hallways.

b.

Outdoor recreation area shall be provided at a ratio of one hundred (100) square feet per child or adult and shall be enclosed by a fence at least four (4) feet in height and located outside the required street setback. All playground equipment shall be located in accordance with the bufferyard regulations.

c.

All accessory structures, including, but not limited to, playground equipment and pools, must be located in the rear yard.

d.

The minimum lot size shall be increased by a ratio of one hundred (100) square feet per attendee in excess of five (5).

e.

Centers on a site greater than three (3) acres shall have frontage on a collector or thoroughfare street.

f.

If located in a residential district, a residential appearance of the site shall be maintained to the greatest possible extent.

g.

Employee parking shall be at the rear of the structure when an adult or child day care facility is located in a residential district.

(d)

Group care facilities.

(1)

The minimum lot size shall be two (2) acres.

(2)

The principal and accessory use side and rear setbacks shall be twenty (20) feet for new construction in the case of single building development.

(3)

Multifamily development standards shall apply, except as provided under subsection (4)b of this section.

(4)

Maximum occupancy shall be in accordance with the North Carolina State Building Code, not to exceed twenty-five (25) and as provided by definition.

(5)

No such facility shall be located within one-half (1/2) mile, two thousand six hundred forty (2,640) feet, of an existing group care facility or shelter for the homeless.

(e)

Congregate care facilities, nursing or convalescent homes, orphanages.

(1)

The facility shall provide centrally located, shared food preparation service and major dining areas.

(2)

Common recreation, social, and service facilities shall be provided at a minimum rate of fifty (50) square feet per dwelling unit or per rooming unit.

(3)

All facilities shall be solely for the use of residents and their guests.

(4)

Facilities for administrative services and limited medical services for the exclusive use of the residents may be located on the site.

(f)

Private clubs, billiard parlors.

(1)

Special use permit.

a.

A special use permit for a private club or billiard parlor is subject to revocation in accordance with the provisions of this subsection (f)(1). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to rescind or revoke a special use permit for a public or private club in accordance with the provisions of section 40-117.

b.

An annual review shall be conducted by the Director of Planning and Development or his/her designee of a private club or billiard parlor which has received a special use permit for the purpose of determining and ensuring compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The findings of the Director of Planning and Development or his/her designee as a result of this annual review shall be compiled in a written staff report.

c.

At a meeting of the Board of Adjustment, the Director of Community Development or his authorized representative shall present to the Board of Adjustment the staff report of a public or private club for which the annual review includes a finding of one (1) or more instances of non-compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The special use permit holder as specified under subsection (d) below shall be provided notice of the meeting and a copy of the staff report.

d.

Based on the staff report, the Board of Adjustment, by a majority vote, may either determine that a rehearing is not required for the special use permit or order a rehearing on the special use permit. An order for a rehearing shall be based upon a determination by the Board of Adjustment that either (i) the use of the property is inconsistent with the approved application, (ii) the use is not in full compliance with all specific requirements set out in articles IV, V, VI, or VII of this Code, (iii) the use is not compliant with the specific criteria established for the issuance of a special use permit including conditions and specifications, health and safety, detriment to public welfare, existing uses detrimental, injury to properties or improvements, and nuisance or hazard, or (iv) the use is not compliant with any additional conditions of approval established by the Board of Adjustment and set out in the order granting the permit. The rehearing shall be in the nature of, and in accordance with the requirements for a hearing upon a special use permit application. After the rehearing and in accordance with the provisions of section 40-512, the Board of Adjustment may grant a special use permit with conditions imposed pursuant to this subsection (f) and section 40-512(b)(5) or deny the special use permit. The grant or denial of the special use permit by the Board of Adjustment after the rehearing shall constitute a revocation of the previously granted special use permit for a private club or billiard parlor.

e.

The requirements and standards set forth in this subsection (f)(1) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(2)

No portion of a lot on which a private club or billiard parlor is located shall be within five hundred (500) feet of any portion of a lot on which another principal use club or billiard parlor is located.

(g)

Fraternity or sorority, private dormitories.

(1)

The minimum lot size shall be twenty thousand (20,000) square feet.

(2)

The gross floor area of the structure shall be no less than two hundred fifty (250) square feet per resident.

(3)

The total amount of land devoted to structures and parking shall not exceed seventy (70) percent of the total lot area.

(4)

No part of any principal structure or accessory structure shall be located within fifteen (15) feet of any property line or street right-of-way for new construction and conversions.

(h)

Salvage yards, auto parts; salvage yards, scrap processing.

(1)

The use shall be setback at least two (2) times the distance from the street right-of-way line that is required for the district in which it is located.

(2)

An opaque fence of uniform construction, a minimum of eight (8) feet in height, shall be required around the perimeter of the activity. Such fencing shall be located between the use and all required planting yards, as defined in article VII of this chapter, pertaining to bufferyards and landscaping requirements.

(3)

No activity shall be located, nor shall it be expanded to, within three hundred (300) feet of any residence existing (or under construction) or to any residential zoning district at the time of its initiation.

(i)

Bars.

(1)

No such establishment shall be located within one hundred (100) feet from the nearest property line of a church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(2)

The main entrance of the building shall be toward a street zoned predominantly for nonresidential uses.

(3)

A minimum six-foot high opaque fence of uniform construction shall be erected adjacent to the property line of abutting residences.

(4)

Parking areas related to the establishment shall be located no closer than twenty-five (25) feet to the property line of abutting residences.

(5)

The hours of operation shall be limited to 12:00 p.m. to 12:00 a.m.

(6)

Sound generated by the use shall not exceed eighty (80) decibels at all times.

(7)

The establishment shall not charge a fee for entry.

(8)

The establishment shall not contain a dance floor or similar structure.

(j)

Caretaker dwellings.

(1)

A building permit for a principal nonresidential building shall be obtained, or a principal nonresidential use shall be established, prior to occupancy.

(2)

No more than one (1) caretaker dwelling unit shall be permitted per lot.

(k)

Restaurants; with drive-through or without drive-through. When a restaurant is to be located adjacent to a residential district, the following standards shall be required:

(1)

The restaurant shall maintain the front yard setback of the adjacent residential district.

(2)

The restaurant shall maintain a minimum side and rear yard setback of twenty-five (25) feet from any property line which abuts a permitted residential dwelling unit or district.

(l)

Mining and quarrying.

(1)

No mining, quarrying, or excavation activity shall occur closer than three hundred (300) feet to an adjacent permitted residential dwelling.

(2)

Access to sites shall be located as to avoid the routing of vehicles to and from the operation over streets that primarily serve abutting residential development. Maintenance of this access shall be the responsibility of the operator of the site. Measures to control dust along access roads shall be used as needed to maintain a relatively dustfree operation.

(3)

Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday, except as further provided. Hours of operation, where access is limited to public streets that are residential in nature, shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday.

(4)

Security fencing, a minimum of six (6) feet in height, shall be provided around the perimeter of both existing and abandoned operations, and shall be locked when the site is not in use.

(5)

Within the time period established by the mining permit issued by the state, all equipment and stock piles incidental to such operation shall be removed by and at the expense of the owner. Except in a case where redevelopment for permitted activities for another permitted use is in progress on the site, all excavations shall be graded to reduce the surface to gently rolling topography in conformity with the surrounding landscape. This area shall be planted with a cover of sod, trees, shrubs, or grass. The area shall be drained or a retention pond provided to prevent stormwater from accumulating on the site or on neighboring properties or public streets.

(m)

Demolition debris landfills, major and solid waste disposal (nonhazardous).

(1)

There shall be a one hundred-foot setback from all property lines. No refuse shall be deposited or any building erected in this area.

(2)

No such use may be located within three hundred (300) feet of any residential lot as measured by the closest distance between property lines.

(n)

Shelters for the homeless.

(1)

The minimum lot size shall be fifteen thousand (15,000) square feet.

(2)

No facility shall be located within one-half (1/2) mile, two thousand six hundred forty (2,640) feet, of any existing homeless shelter, as measured from the nearest property line of the lot on which the proposed homeless shelter is to be located to the nearest lot line of an existing homeless shelter.

(3)

Maximum occupancy shall be in accordance with the state building code or not more than one (1) person per each five hundred (500) square feet of lot area, whichever is less.

(4)

Continuous on-site supervision must be maintained during all hours of operation.

(5)

The shelter must be located within a building owned by and operated by a government agency or nonprofit organization.

(o)

Migrant labor housing.

(1)

Minimum lot size shall be two (2) acres. An additional two thousand (2,000) square feet of land shall be required for each worker in excess of twenty (20) people.

(2)

The minimum street setback shall be one hundred (100) feet.

(3)

The minimum interior side and rear yard setback shall be fifty (50) feet.

(4)

No more than ten (10) people shall be housed in any one (1) room or compartment for sleeping purposes. Rooms or compartments for sleeping shall contain a minimum of thirty-nine (39) square feet of floor area for each person. Where stricter, applicable state or federal law shall govern.

(5)

All water, sewer, and sanitary facilities shall be approved by the county Health Department.

(p)

Amusement or water parks.

(1)

Minimum lot size shall be five (5) acres.

(2)

No principal buildings or structures, other than ticket windows, shall be located within fifty (50) feet of any property line.

(3)

Security fencing, a minimum of six (6) feet in height, shall be provided along the entire boundary of the part of the facility being used for park activities.

(q)

Country clubs with golf courses; golf courses.

(1)

Outdoor swimming pools shall be surrounded by a fence or equal enclosure, a minimum of six (6) feet in height, that is locked when the pool is not open.

(2)

There shall be a fifty-foot minimum setback between clubhouses, swimming pools, lighted tennis courts, or athletic fields and any residential districts.

(r)

Golf driving ranges.

(1)

The minimum distance from the tees to the end of any open-air driving area shall be one thousand (1,000) feet. The minimum distance may be reduced if the end of the driving area is controlled with netting or other measures to prevent golf balls from leaving the driving area.

(2)

Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area to prevent golf balls from leaving the site.

(s)

Recreational facilities, other.

(1)

Overflow parking, in addition to required parking, shall be designated on the site plan and kept available to handle all traffic from special events.

(2)

No principal buildings or structures, other than ticket windows, shall be located within fifty (50) feet of any property line.

(t)

Swim and tennis clubs.

(1)

Minimum areas shall be two (2) acres or one (1) acre, if located on common area within a development.

(2)

There shall be a fifty-foot minimum setback between clubhouses, swimming pools, lighted tennis courts, or athletic fields and any residential districts.

(3)

Outdoor swimming pools shall be surrounded by a fence or equal enclosure, a minimum of six (6) feet in height, that is locked when the pool is not open.

(u)

Warehouses, self-storage.

(1)

Minimum lot size shall be one (1) acre.

(2)

The total area covered by buildings shall not exceed fifty (50) percent of the site.

(3)

No outside storage shall be permitted and the storage of hazardous, toxic, or explosive substances shall be prohibited.

(4)

No business activity other than the rental of storage units shall be conducted on the site.

(u.1)

Warehouses, self-storage (RA20).

(1)

Minimum lot size shall be one (1) acre. Maximum lot size shall be three (3) acres.

(2)

The total area covered by buildings shall not exceed fifty (50) percent of the site.

(3)

Outside storage shall be limited to wheeled vehicles such as automobiles, RVs, boat trailers and utility trailers with current tags and registration. Outside storage shall not exceed twenty (20) percent of the site.

(4)

Storage of illegal, hazardous, toxic, or explosive substances shall be prohibited.

(5)

No business activity other than the rental of storage units shall be conducted on the site.

(6)

Landscaping requirements. The use is a Classification III, Commercial and Service Uses according to Article VII, Section 40-169 and shall adhere to the landscaping requirements provided therein.

(7)

Fencing requirements. Security fencing, a minimum of six (6) feet in height, is required around the perimeter of the property being used for warehouses, self-storage.

(8)

Lighting requirements. All on-site lighting must be directed away from all adjacent properties.

(9)

The use must be a minimum of three hundred (300) linear feet from any existing single family or two (2) family residence as measured from structure to structure.

(10)

Warehouse, self-storage uses in the RA20 zoning district shall be located no closer than five hundred (500) feet to any other warehouse, self-storage use in the RA20 zoning district as measured from lot line to lot line.

(v)

Theaters, outdoor.

(1)

No outdoor theater shall be located within three hundred (300) feet of any church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(2)

No principal buildings or structures, other than ticket windows, shall be located within fifty (50) feet of any property line.

(w)

Sports instruction schools. Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the recreation area to prevent balls or equipment from leaving the site.

(x)

Fish market. No fish market may be located within three hundred (300) feet of any residential, office, institutional, or commercial use.

(y)

Shooting ranges, indoor. The facility shall be designed to absorb sound so that no noise is plainly audible at a distance of one hundred (100) feet from the building from which the noise emanates.

(z)

Shooting ranges, outdoor.

(1)

The minimum lot size shall be fifty (50) acres.

(2)

All shooting stations on a range facility shall be located a minimum of two hundred (200) feet from any property line.

(3)

Warning signs shall be posted at one-hundred-foot intervals along the entire perimeter of the shooting range facility.

(4)

All shooting stations shall be located at least one-quarter (1/4) mile, one thousand three hundred twenty (1,320) feet, from any existing, occupied dwelling unit.

(5)

Shooting range facilities shall be designed to contain all of the bullets, shot, or arrows, or any other debris, on the range facility.

(6)

Unreasonable levels of noise outside the permitted hours of operation, as specified in subsection (26)g of this section, shall be prohibited.

(7)

Shooting ranges shall be allowed to operate between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday, and 1:00 p.m. through 6:00 p.m., on Sundays.

(8)

The owner and/or operator of the shooting range facility shall be required to carry a minimum of five hundred thousand dollars ($500,000.00) of liability insurance. Such insurance shall name the city as an additional insured party and shall save and hold the city, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on account of any property damage or personal injury arising out of use of the range, or in any way arising out of the acts or omissions of the owner and/or operator of the range, his group, club, or its agents or representatives. The city shall be notified of any policy changes or lapses in coverage.

(aa)

Recreational vehicle parks or campsites.

(1)

Each space shall consist of a minimum of two thousand (2,000) square feet and shall be designated on the ground by permanent markers or monuments.

(2)

All structures, buildings, and sewage facilities shall meet the setback requirements for the district in which they are located.

(3)

The park shall have all-weather paved or gravel roads that directly abut all spaces. All road rights-of-way shall have a minimum width of forty (40) feet with a minimum paved width of twenty (20) feet.

(4)

An all-weather surface area with sufficient dimensions to accommodate at least one (1) automobile and one (1) camping vehicle shall be constructed within each space.

(5)

There shall be a minimum distance of eighteen (18) feet between each travel-trailer or structure.

(6)

No space shall have direct vehicular access to public streets which do not exclusively serve the park.

(7)

The park shall be developed with proper drainage ditches. All banks shall be sloped and seeded.

(8)

Cul-de-sacs or deadend roads shall not exceed one thousand (1,000) feet in length. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum right-of-way diameter of eighty (80) feet.

(9)

When the park has more than one (1) direct access to a public road, each entrance shall be no less than three hundred (300) feet apart or no closer than three hundred (300) feet to a public road intersection, unless unusual site conditions demand otherwise.

(10)

Utilities.

a.

The installation, alteration, or use of all utilities including, but not limited to, electrical service, plumbing fixtures, and sewage disposal systems shall conform to all applicable codes.

b.

Each park shall obtain water from a municipal water supply when available or, when unavailable, from a source approved by the county Health Department. The water supply and pressure shall be adequate for the park requirements. Areas around faucets or drinking fountains shall be properly drained.

c.

Each park shall have a central structure that will provide separate toilet and bathing facilities for both sexes. The minimum number of facilities per sex to be provided shall follow the schedule below:

1.

Toilets: one (1) per ten (10) spaces.

2.

Urinals: one (1) per twenty (20) spaces, male facilities only.

3.

Lavatories: one (1) per ten (10) spaces.

4.

Showers: one (1) per ten (10) spaces.

All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean, sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible to all persons and conveniently located.

d.

Each park shall be provided with an approved sewage disposal system, either by connection to a public sewer or a septic tank constructed in compliance with the regulations of the county Health Department. All sewage wastes from the park, including waste from toilets, showers, bathtubs, lavatories, washbasins, refrigerator drains, sinks, faucets, and water-using appliances not herein mentioned, shall be piped into the park's sewage disposal system.

(11)

Solid waste disposal.

a.

The park owner is responsible for solid waste collection. All refuse shall be collected at least twice weekly.

b.

All refuse shall be stored in conveniently located, leakproof, rodentproof containers with tightfitting lids. One (1) such can with a capacity of at least twenty (20) gallons shall be provided for every two (2) spaces. Garbage cans shall be located no farther than one hundred (100) feet from any space.

c.

Racks or concrete platforms shall be provided on which to store containers. Racks or platforms shall be so designed as to prevent tipping and to minimize spillage.

(12)

All spaces shall be located on sites that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space.

(13)

Insect and rodent control measures to safeguard the public health shall be used in the park.

(14)

Common area recreation areas shall be provided at a ratio of three hundred (300) square feet per space. No common recreation area shall be less than three thousand (3,000) square feet. No common recreation area shall be located in a required bufferyard. At least eighty (80) percent of the required recreation area must be level, well-drained ground usable for common recreation activities. Septic areas and land that is swampy, extremely low, or wooded will not be classified as common recreation area.

(15)

The park may contain a retail sales counter or coin-operated machines for the park residents' use only, provided they are enclosed within a structure and there is no exterior advertising.

(16)

Permanent sleeping quarters for guests shall not be permitted within the park.

(17)

It shall be unlawful for a person to park or store a manufactured dwelling in a recreational vehicle park, except that one (1) manufactured dwelling may be located within the park for exclusive use by the park manager or operator. This manufactured dwelling shall be located in an area designated on the site plan.

(bb)

Flea markets, outdoor.

(1)

No building, structure, or sales area shall be located in any required setback area.

(2)

No more than twenty-five (25) percent of the stalls or sales areas shall be used for the sale of goods at retail by businesses or individuals who are generally or traditionally engaged in retail trade.

(3)

Off-street parking shall be provided as required in article XVII, parking, for retail sales, not otherwise classified.

(cc)

Flowers, nursery stock, and florists supply.

(1)

The growing of greenhouse or plant nursery products shall be the principal use for nursery stock facilities. Retail sales shall be considered an accessory use for nursery stock facilities provided no more than twenty-five (25) percent of the retail stock of a nursery shall be of products not grown upon the premises.

(2)

No power equipment, such as gas or electric lawn mowers and farm implements, may be sold wholesale or retail.

(dd)

Convenience stores, with gas pumps.

(1)

No outside storage of materials shall be permitted.

(2)

Aboveground tanks and treatment facilities shall be screened, to the greatest extent feasible, with shrubbery or fencing at least six (6) feet in height, to lessen their visual impact on surrounding properties.

(ee)

Civic, trade, lodges, or business organizations.

(1)

Any proposed use shall maintain a residential appearance to the greatest extent possible and shall be consistent in scale and environment with surrounding properties.

(2)

Any parking area designed to serve more than four (4) vehicles shall be located in the rear of the principal structure.

(ff)

Fortunetellers, astrologers. No such use shall be located within three hundred (300) feet of any church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(gg)

Correctional institutions. No part of any lot containing a correctional institution shall be located within five hundred (500) feet of any portion of a lot containing a church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(hh)

Hazardous and radioactive waste. No part of any lot containing a hazardous or radioactive waste facility shall be located within one thousand (1,000) feet of any portion of a lot containing a church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(ii)

Heavy or noxious manufacturing. Heavy or noxious manufacturing includes, but is not limited to, animal feeds; animal slaughtering or rendering; asphalt plants; canned, cured, or frozen fish; industrial or commercial machinery; metal coating and engraving; petroleum and related products; pulp and paper mills; raw rubber and plastics; tires and inner tubes.

(1)

All structures, buildings, mechanical equipment, or enclosed areas used for the operation shall be a minimum of fifty (50) feet from any existing residence or residentially zoned property. Storage tanks shall be located a minimum of five hundred (500) feet from any existing residence or residentially zoned property.

(2)

All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(3)

Security fencing, a minimum of six (6) feet in height, shall be provided around all outside storage areas.

(jj)

Bed and breakfast (formerly known as tourist homes).

(1)

Bed and breakfasts shall have a minimum lot size of ten thousand (10,000) square feet.

(2)

Bed and breakfasts shall be located in a single-family dwelling with a minimum square footage of three thousand (3,000) square feet.

(kk)

Recycling collection points.

(1)

Storage of recyclables at recycling collection points shall be for a period of no more than seven (7) days at a time.

(2)

Recycling collection bins shall be screened with appropriate fencing or landscaping so as to minimize the visual impact on surrounding properties.

(ll)

Organic food products and sales.

(1)

Minimum lot size: thirty thousand (30,000) square feet.

(2)

Minimum lot width: one hundred twenty-five (125) linear feet.

(3)

Front yard setback: thirty (30) feet.

(4)

Side yard setback: ten (10) feet.

(5)

Rear yard setback: twenty (20) feet.

(6)

The lot shall front on a designated Federal highway system street.

(7)

No outside sales or storage are allowed.

(8)

Dumpster trash containers shall be located in the rear yard and shall be screened on three (3) sides by a solid fence or masonry wall.

(9)

Hours of operation: Monday through Saturday, 9:00 a.m. to 6:00 p.m.; Sunday, 1:00 p.m. to 6:00 p.m.

(mm)

Hospice home, inpatient (special standards in the B1H Zoning District).

(1)

Minimum lot size: twenty thousand (20,000) square feet.

(2)

Minimum lot width: one hundred (100) feet.

(3)

Minimum front yard setback: ten (10) feet.

(4)

Minimum side yard setback: ten (10) feet.

(5)

Maximum height: fifty (50) feet.

(6)

Maximum building coverage, percent of lot: forty (40) percent.

(7)

Minimum square footage of the building: four thousand (4,000) square feet.

section 40-115(a) through (d) may also be used in applying special standards for this special use.

(nn)

Corporate park.

(1)

Loading areas shall not be located on the side of a building facing a public street.

(2)

Accessory outside storage:

a.

Shall not cover an area exceeding twenty-five (25) percent of the ground level of gross floor area of the principal building;

b.

Shall be restricted to the area between the rear property line and the building; and

c.

Shall be fully screened from the ground-level view from adjacent properties or public streets.

(3)

Outside manufacturing, processing, or assembly shall not be permitted.

(oo)

Dry stack boat storage.

(1)

Site plan. A site plan shall be prepared by a licensed architect engineer and contain a metes and bounds description prepared by a licensed registered surveyor in the state.

(2)

Approval. A site plan shall be prepared and approved in accordance with article XVIII of this chapter, pertaining to site plan review.

(3)

Lot of record. The lot of record on which the dry stack boat storage is located must be adjacent and contiguous to public trust waters as defined by the Coastal Area Management Act under Section 15A NC Admin., Code 7H.

(4)

Stormwater plan. A stormwater management plan is required for each dry stack boat storage facility, one (1) stormwater management plan per lot of record. The plan shall comply with the city's stormwater management provisions and demonstrate specific design components intended to minimize impact on contiguous public trust waters and coastal wetlands, as defined by 15A NC Admin., Code 7H.

(5)

Dimensional standards.

a.

Minimum lot size: forty three thousand five hundred sixty (43,560) square feet.

b.

Minimum lot width: one hundred (100) feet.

c.

Minimum front yard setback: fifty (50) feet.

d.

Minimum side yard setback: twenty (20) feet.

e.

Minimum corner lot side yard setback: twenty (20) feet.

f.

Minimum rear yard setback: twenty (20) feet.

g.

Maximum height: The maximum height of the dry stack boat storage shall be seventy (70) feet. The maximum height of all accessory buildings shall be sixty-five (65) feet in height. In order to increase the height of the principal structure the setback from the shoreline shall be increased one (1) foot for every two (2) feet in excess of seventy (70) feet or thirty (30) feet from shoreline, whichever is greater.

h.

Minimum shoreline setback: thirty (30) feet.

i.

Minimum aisle width in the building. Any aisle providing direct access to a storage rack must have the following minimum width or be designed by a professional engineer or architect:

(6)

Off-street parking. Off-street parking shall be provided at the ratio of one (1) parking space per each six (6) drystack storage racks, enclosed or open, and one (1) parking space for each wet slip. The number of boat racks shall exclude racks used exclusively for washing and cleaning. Off-street parking is allowed in the minimum setback requirement but no closer than ten (10) feet to any property lines and thirty (30) feet to any shoreline. In addition, the development shall comply with article XVII of this chapter, pertaining to parking.

(7)

Bufferyards, landscaping. Bufferyards/landscaping requirements shall be in compliance with article VII of this chapter. Drystack boat storage facilities shall be a classification V-high-impact recreational use.

(8)

Lighting. All on-site lighting must be directed away from contiguous lots of record. Illumination of 15A NC Admin., Code 7H, public trust areas shall be limited to dock/pier areas.

(9)

Navigation. The location/operation of any dry stack boat storage facility must not impede safe navigation of public trust waters.

(10)

Access. All dry stack boat storage facilities must have direct access to public rights-of-way designed to accommodate vehicular traffic.

(11)

Dry stack facility types. Open dry stack boat storage facilities areas are allowed; provided, however, when a building elevation fronts on a dedicated street right-of-way, the front building elevation has to be enclosed or covered with appropriate building material.

(12)

Exterior design. The building's exterior shall be broken up by a variation in design, materials and/or color, and approved by the Board of Adjustment during the Special Use Permit hearing.

(13)

Accessory use boat repair, clubhouse, lounge and pools are permitted to serve marina and dry stack customers.

(14)

Adopted plans. The Board of Adjustment may provide additional requirements as it deems necessary in order to make the proposed project compatible with the city CAMA Core Land Use Plan, and the city comprehensive plan, or any other adopted plan regulating land uses.

(pp)

Medical, dental and related office storage and warehouse.

(1)

Site plan. A site plan shall be prepared by a licensed architect, engineer, or registered land surveyor and contain a metes and bounds description of the subject property.

(2)

Approval: A site plan shall be prepared and approved in accordance with article XVII. Site plan review of this chapter.

(3)

Location: The new building shall be located within one-half (½) mile of the Beaufort County Hospital.

(4)

Exterior design: The exterior of the new building shall have a brick facade and be compatible with the surrounding structures.

(qq)

Electronic gaming operations (aka internet sweepstakes operations). Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers, handheld PDAs, gaming terminals or gaming tables, to conduct electronic games, which may or may not require players to be eighteen (18) or older, and where cash, merchandise or other items of value are redeemed or otherwise distributed, either on-site or through a third-party, whether or not the value of such distribution is predetermined by electronic games played or by predetermined odds. Electronic gaming operations shall include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines, or cyber-cafes. This does not include any lottery approved by the State of North Carolina or any nonprofit organization that is otherwise lawful under State law. Games within this category are not considered to be arcades, coin-operated amusements, or game centers.

(1)

Special Use Permit granted under this section shall be for a period of one (1) year and must be renewed annually. It shall be the responsibility of the owner/operator to make timely application for permit renewal.

(2)

Hours of operation. The business shall only be allowed to operate on Monday through Saturday between the hours of 8:00 a.m. and 12:00 midnight and on Sunday between the hours of 1:00 p.m. and 12:00 midnight.

(3)

The maximum number of machines/computers/terminals/tables/or any other device for any electronic gaming business is twenty (20).

(4)

Machines/computers/terminals/tables/or any other device must not be prohibited by State or Federal law and must have all applicable permits and licenses.

(5)

The business must be a minimum of two thousand five hundred (2,500) linear feet, as measured from lot line to lot line, from any other electronic gaming operation.

(6)

The business must be a minimum of two thousand five hundred (2,500) linear feet, as measured from lot line to lot line, from any residential structure.

(7)

The business must be a minimum of two thousand five hundred (2,500) linear feet, as measured from lot line to lot line, from any church or religious institution, homeless shelter, domestic violence shelter, public or private school, daycare facility, playground, or park.

(rr)

Tattoo parlor.

(1)

Special use permit.

a.

A special use permit for a tattoo parlor is subject to revocation in accordance with the provisions of this subsection (rr)(1). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to rescind or revoke a special use permit for a tattoo parlor in accordance with the provisions of section 40-117.

b.

An annual review shall be conducted by the Director of Planning and Development or his/her designee of a tattoo parlor which has received a special use permit for the purpose of determining and ensuring compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The findings of the Director of Planning and Development or his/her designee as a result of this annual review shall be compiled in a written staff report.

c.

At a meeting of the Board of Adjustment, the Director of Planning and Development or his/her authorized representative shall present to the Board of Adjustment the staff report of a tattoo parlor for which the annual review includes a finding of one (1) or more instances of non-compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The special use permit holder as specified under subsection (d) below shall be provided notice of the meeting and a copy of the staff report.

d.

Based on the staff report, the Board of Adjustment, by a majority vote, may either determine that a rehearing is not required for the special use permit or order a rehearing on the special use permit. An order for a rehearing shall be based upon a determination by the Board of Adjustment that either (i) the use of the property is inconsistent with the approved application, (ii) the use is not in full compliance with all specific requirements set out in articles IV, V, VI, or VII of this Code, (iii) the use is not compliant with the specific criteria established for the issuance of a special use permit including conditions and specifications, health and safety, detriment to public welfare, existing uses detrimental, injury to properties or improvements, and nuisance or hazard, or (iv) the use is not compliant with any additional conditions of approval established by the Board of Adjustment and set out in the order granting the permit. The rehearing shall be in the nature of, and in accordance with the requirements for a hearing upon a special use permit application. After the rehearing and in accordance with the provisions of section 40-512, the Board of Adjustment may grant a special use permit with conditions imposed pursuant to this subsection (ss) and section 40-512(b)(5) or deny the special use permit. The grant or denial of the special use permit by the Board of Adjustment after the rehearing shall constitute a revocation of the previously granted special use permit for a tattoo parlor.

e.

The requirements and standards set forth in this subsection (rr)(1) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(2)

Hours of operation. The business shall only be allowed to operate on Monday through Saturday between the hours of 8:00 a.m. and 9:00 p.m. and on Sunday between the hours of 1:00 p.m. and 9:00 p.m.

(3)

Business must obtain all applicable permits and licenses.

(4)

The tattoo parlor must be a minimum of five hundred (500) linear feet from any other tattoo parlor as measured by the closest distance between property lines.

(5)

The tattoo parlor must be a minimum of five hundred (500) linear feet from any residential structure as measured by the closest distance between property lines.

(6)

The tattoo parlor must be a minimum of five hundred (500) linear feet from any church or religious institution, public or private school, daycare facility, playground or park as measured by the closest distance between property lines.

(7)

The tattoo parlor will not be allowed to serve alcoholic beverages or allow the consumption of any alcoholic beverages on site.

(ss)

Commercial marina:

Definition means a business adjacent and contiguous with public trust waters as defined by the Coastal Area Management Act under Section 15A NC Admin., Code 7H, in which its primary use is to provide in-water docking and mooring of boats.

(1)

Site plan. A site plan shall be prepared by a licensed architect or engineer and contain a metes and bounds description prepared by a licensed registered surveyor in the state.

(2)

Approval. A site plan shall be prepared and approved in accordance with article XVIII of this chapter, pertaining to site plan review.

(3)

Lot of record. Commercial marinas shall be limited to one (1) per lot. The lot of record on which such use is located must be at least one (1) acre in size and must be adjacent and contiguous with public trust waters as defined by the Coastal Area Management Act under Section 15A NC Admin., Code 7H.

(4)

Stormwater plan. A stormwater management plan is required and must comply with the city's stormwater management provisions and demonstrate specific design components intended to minimize impact on contiguous public trust waters and coastal wetlands, as defined by 15A NC Admin., Code 7H.

(5)

Dimensional standards.

a.

Minimum Lot size: forty three thousand five hundred sixty (43,560) square feet.

b.

Minimum lot width: one hundred (100) feet.

c.

Minimum front yard setback: fifty (50) feet.

d.

Minimum side yard setback: twenty (20) feet.

e.

Minimum corner yard setback: twenty (20) feet.

f.

Minimum rear yard setback: twenty (20) feet.

g.

Minimum shoreline setback: thirty (30) feet.

h.

Maximum height: The maximum height of any accessory structure shall be forty-five (45) feet.

(6)

All marinas shall provide pump out facilities.

(7)

Boat ramps are permitted.

(8)

Off-street parking. Off-street parking shall be provided at the ratio of one (1) parking place per every six (6) wet boat mooring slips. Off-street parking is allowed in the minimum setback requirement but no closer than ten (10) feet to any property line and thirty (30) feet to any shoreline.

(9)

Bufferyards, landscaping. Bufferyards/landscaping requirements shall be in compliance with article VII of this chapter. This use shall be classified as a V-high impact recreational use.

(10)

Lighting. All on-site lighting must be directed away from contiguous lots of record. Illumination of 15A NC Admin., Code 7H, public trust areas shall be limited to dock/pier areas.

(11)

Navigation. The location of any docks and piers must not impede safe navigation of public trust waters.

(12)

Access. All marina facilities must have direct access to public rights-of-way designated to accommodate vehicular traffic.

(13)

Adopted plans. The Board of Adjustment may provide additional requirements as it deems necessary in order to ensure the proposed project is compatible with the city CAMA Core Land Use Plan, and the city's comprehensive plan or any other adopted plans regulating uses.

(tt)

Micro-brewery and micro-distillery as follows:

(1)

Special use permit.

a.

A special use permit for a micro-brewery or micro-distillery is subject to revocation in accordance with the provisions of this subsection (uu)(1). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to rescind or revoke a special use permit for a micro-brewery or micro-distillery in accordance with the provisions of section 40-117.

b.

An annual review shall be conducted by the Director of Planning and Development or his/her designee of a micro-brewery or micro-distillery which has received a special use permit for the purpose of determining and ensuring compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The findings of the Director of Planning and Development or his/her designee as a result of this annual review shall be compiled in a written staff report.

c.

At a meeting of the Board of Adjustment, the Director of Community Development or his authorized representative shall present to the Board of Adjustment the staff report of a micro-brewery or micro-distillery for which the annual review includes a finding of one (1) or more instances of non-compliance with applicable laws, codes, and ordinances including, but not limited to, noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The special use permit holder as specified under subsection (d) below shall be provided notice of the meeting and a copy of the staff report.

d.

Based on the staff report, the Board of Adjustment, by a majority vote, may either determine that a rehearing is not required for the special use permit or order a rehearing on the special use permit. An order for a rehearing shall be based upon a determination by the Board of Adjustment that either (i) the use of the property is inconsistent with the approved application, (ii) the use is not in full compliance with all specific requirements set out in articles IV, V, VI, or VII of this Code, (iii) the use is not compliant with the specific criteria established for the issuance of a special use permit including conditions and specifications, health and safety, detriment to public welfare, existing uses detrimental, injury to properties or improvements, and nuisance or hazard, or (iv) the use is not compliant with any additional conditions of approval established by the Board of Adjustment and set out in the order granting the permit. The rehearing shall be in the nature of, and in accordance with the requirements for a hearing upon a special use permit application. After the rehearing and in accordance with the provisions of section 40-512, the Board of Adjustment may grant a special use permit with conditions imposed pursuant to this subsection (uu) and section 40-512(b)(5) or deny the special use permit. The grant or denial of the special use permit by the Board of Adjustment after the rehearing shall constitute a revocation of the previously granted special use permit for a micro-brewery or micro-distillery.

e.

The requirements and standards set forth in this subsection (uu)(1) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(2)

Required to include one (1) or more accessory uses such as tap room, restaurant, brewpub, tasting room or other accessory use incidental to the micro-brewery or micro-distillery, as the case may be, and open and accessible to the public. A minimum of five hundred (500) square feet shall be provided for a tap room or tasting room.

(3)

A micro-brewery and a micro-distillery production area cannot exceed twelve thousand (12,000) square feet of gross floor area. Production areas adaptively reusing buildings within a National Register Historic District are exempt from size limitations for all portions of the building existing at the adoption this amendment.

(4)

The use must be a minimum of fifty (50) linear feet, measured from the structure, from any structure utilized by any church or religious institution, public or private school, and daycare facility that is a conforming use.

(5)

Adopted plans. The Board of Adjustment may provide additional requirements as it deems necessary in order to ensure the proposed project is compatible with the city CAMA Land Use Plan, and the city comprehensive plan or any other adopted plans regulating uses.

(uu)

Shelters for homeless women and children and victims of domestic violence.

(1)

The minimum lot size shall be fifteen thousand (15,000) square feet.

(2)

No facility shall be located within one-half mile (2,640 feet) of any existing domestic violence shelter or shelter for the homeless, as measured from the nearest property line of the lot on which the proposed facility is to be located to the nearest lot line of an existing domestic violence shelter or shelter for the homeless.

(3)

Size limits. The maximum number of clients permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the facility or one (1) person per one hundred twenty-five (125) square feet of floor area, whichever is less.

(4)

Continuous on-site supervision must be maintained during all hours of operation.

(5)

The facility must be located within a building owned and operated by a government agency or nonprofit organization.

(6)

Security plan. The security plan shall include provisions for onsite security including lighting, security cameras, and other measures appropriate to provide for adequate health and safety of clients and management and to aid in avoiding the potential for nuisances near the site. The operator shall also demonstrate that emergency service providers including the Police Department Sheriff's Office, the local Fire Department and the appropriate EMS have been adequately notified and will provide services to the shelter.

(7)

Length of stay. Individual occupancy is limited to six (6) or fewer consecutive months and shall not exceed three hundred (300) days within a 12-month period.

(8)

Onsite waiting and intake areas. A minimum of five (5) percent of the total square footage of a homeless shelter shall be designated for indoor on-site waiting and client intake areas.

(9)

Off-street parking shall be provided, in accordance with article XVIII, Parking.

(vv)

Private event center (indoor).

(1)

No such establishment shall be located within fifty (50) feet from the nearest property line of a church, elementary or secondary school, public park, playground, library, or residentially zoned property. No such establishment in the RA20 zoning district shall be located within five hundred (500) feet from any existing churches, elementary or secondary schools, libraries, or residentially zoned structures as measured from structure to structure.

(2)

No such establishment in the RA20 zoning district shall be located within five hundred (500) feet from any existing public parks, other private event centers, or private event spaces as measured from lot line to lot line.

(3)

The hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.

(4)

Sound generated by this use shall be in compliance with chapter 20, article V—sound and noise control, of this Code.

(5)

All on-site lighting must be directed away from all adjacent properties.

(6)

Bufferyards/landscaping shall be in compliance with article VII of this chapter. Private event center (indoor) shall be a classification III—medium impact commercial recreation use.

(7)

Under no circumstances shall a private event center (indoor) be used as a private club or music venue.

(ww)

Private event space (outdoor).

(1)

No such establishment shall be located within one hundred (100) feet from the nearest property line of a church, elementary or secondary school, public park, playground, library, or residentially zoned property. No such establishment in the RA20 zoning district shall be located within five hundred (500) feet from any existing churches, elementary or secondary schools, libraries, or residentially zoned structures as measured from structure to structure. Within the B1H zoning district, no such establishment shall be located within fifty (50) feet from the nearest property line of a church, elementary or secondary school, public park, playground, library, or residentially zoned property.

(2)

No such establishment shall be located within three hundred (300) feet from the nearest property line of another private event center or private event space. No such establishment in the RA20 zoning district shall be located within five hundred (500) feet from any existing public parks, other private event centers, or private event spaces as measured from lot line to lot line. Private event spaces (outdoor) uses in the B1H zoning district shall be exempt from the proximity requirements of this subsection (ww)(2).

(3)

Private event space (outdoor) uses in the B1H zoning district shall not have a lot size greater than half (0.5) of an acre.

(4)

Private event space (outdoor) uses in the RA20 zoning district shall not have a lot size greater than twenty (20) acres.

(5)

Based on surrounding land uses, the Board of Adjustment may require a six-foot high opaque fence of uniform construction or a vegetated berm of the same height to be erected adjacent to all or some property lines. Any fences erected in the B1H zoning district shall comply with the Historic Preservation Design Standards.

(6)

The hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.

(7)

Sound generated by the use shall be in compliance with chapter 20, article V—sound and noise control, of this Code.

(8)

All on-site lighting must be directed away from all adjacent properties.

(9)

Bufferyards/landscaping shall be in compliance with article VII of this chapter. Private event space (outdoor) shall be a classification IV—high-impact recreational use.

(10)

Under no circumstances shall a private event space (outdoor) be used as a private club or music venue.

(Code 1993, § 27-49; Ord. No. 01-12, 10-8-2001; Ord. No. 03-03, 2-10-2003; Ord. No. 04-1, § 4, 1-12-2004; Ord. No. 07-01, § 4, 1-8-2007; Ord. No. 07-08, § 2, 10-8-2007; Ord. No. 10-10, § 3, 12-13-2010; Ord. No. 11-1, § 3, 2-14-2011; Ord. No. 11-5, § 3, 3-14-2011; Ord. No. 11-12, § 4, 11-14-2011; Ord. No. 14-7, § 5, 10-6-2014; Ord. No. 17-1, § 4, 3-13-2017; Ord. No. 17-5, § 5, 12-11-2017; Ord. No. 19-4, § 2, 5-13-2019; Ord. No. 19-8, § 3, 11-12-2019; Ord. No. 21-3, § 1(Att.), 6-14-2021; Ord. No. 21-6, § 2, 9-13-2021; Ord. No. 24-1, §§ 6, 7, 5-13-2024)