Wayne County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE V
- DISTRICT BOUNDARIES AND USE DISTRICTS
Section 50. - Establishment of Use Districts.
For the purposes of this ordinance, portions of the unincorporated area of Wayne County, North Carolina, are hereby divided into the following use districts:
50.1
RA-20 Residential - Agriculture District.
The purpose of this district shall be to maintain lots of sufficient size to insure that residential development not having access to public water supplies and dependent upon septic tank systems for sewage disposal will occur at sufficiently low density to insure a healthful environment. The RA-20 Residential - Agriculture District is established as a district to promote a compatible mixture of single - family residential and agricultural uses in areas where urbanization is occurring.
50.1.1
Permitted Uses.
Accessory building, provided there be not more than two (2) such buildings per lot, Agriculture, including the sale and processing of products produced on the premises, Cemetery, Church, Forestry, Home occupation subject to Article V, Section 53, Mobile Home dwellings, provided that only one (1) mobile home shall be allowed per lot, and in no case shall a mobile home be allowed on a lot occupied by any other principal building, Parks and historic sites (public recreation), Plant nursery, Public safety or public utility facilities, Schools, pubic [public] and private, Single - family dwelling.
50.1.2
Special Uses Allowed.
Mobile Home Parks, Planned unit development, Child Day Care Centers [9], Duplexes [10], Clubs and Lodges [11], Miniature Golf courses [12], Mini warehouse and self storage units [13], Real estate office with retail sales and storage of new and used farm equipment and supplies. Auction sales shall be allowed, but limited to two auctions per year, which must be conducted on Saturdays. The site plan must have adequate off-road parking and the Department of Transportation must approve all driveways [14], Beauty Shops and Tanning Salons [15], Recreational Vehicle Campgrounds , [16] Solar Energy Facilities. [17]
50.1.3
Dimensional Requirements.
Dimensional requirements shall be as set forth in Article VI, Section 61.
50.1.4
Off-Street Parking and Loading.
Off-street parking and loading requirements shall be provided according to the provisions set forth in Article VII.
50.2
R-15 Residential District. [18]
This zone will be available for subdivisions that will use community water. The purpose will be for single-family detached dwellings and associated uses.
50.2.1
Permitted Uses.
Single Family dwelling, Emergency service, Schools, Churches and other places of worship, Parks and playgrounds, Towers and antennas less than fifty feet tall, Family cemetery, Temporary structures, Home occupation, Accessory structures, Bona fide farm uses.
50.2.2
Special Uses Allowed.
Planned unit development, Family care homes, Group homes, Day care facilities, Convenience stores, Manufactured Housing. [19]
50.2.3
Dimensional Requirements.
Dimensional requirements shall be set forth in Article VI, Section 61.
50.2.4
Off Street Parking and Loading.
Off street parking and loading requirements shall be provided according to the provisions set forth in Article VIII.
50.3
R-10 Residential District. [20]
This zone will provide an area for mixed density residential use. The regulations of this district are intended to provide areas of the community for those persons desiring small lots served by community water.
50.3.1
Permitted Uses.
Class A or B mobile homes, Mobile home parks, Multi-family dwellings, two family dwellings, all other use permitted in the R-15 zone.
50.3.2
Special Uses Allowed.
All uses permitted in the R-15 zone, Recreational Vehicle Campgrounds. [21]
50.3.3
Dimensional Requirements.
Dimensional requirements shall be set forth in Article VI Section 61.
50.3.4
Off-Street Parking and Loading.
Off street parking and loading requirements shall be provided according to the provisions set forth in Article VII.
50.4
LI - Light Industrial District.
The purpose of this district shall be to provide for and protect areas more suited for industrial use than residential use, but situated where residential development is in close proximity. The uses permitted in this district shall be of an industrial, warehousing and storage nature which do not create and excessive amount of noise, smoke, dust, odor, or other objectionable characteristics which might be detrimental to surrounding areas or to other uses permitted in the district.
50.4.1
Permitted Uses.
Agriculture, including the sale and processing of products produced on the premises, Animal Shelters and Pet Services [22], Automobile Wash [23], Bakeries, Dental, medical or other research laboratories, Funeral Homes and Crematoriums [24], Garage, automobile repair and storage, Golf courses, including par three, driving range, or "Putt-Putt," Laundries, dry cleaning or linen supply, Manufacture of pharmaceuticals, foodstuffs (except the slaughtering of animals), electrical components, or tobacco products; or fabrication or assembly of products from prestructured materials or components, Marketing, processing and grading of farm products, Nursery, plant or greenhouse, Offices, Parking areas or structures, Parks and recreation facilities, Pawn Shops [25], Public safety or public utility facilities, Printing or binding establishments, Repair and servicing of office and household equipment, Restaurants, Schools, vocational or professional, Services, including but not limited to, barber shops, self-service laundries, repair shops, rental shops, and custom fabrication, Service stations, Signs, business identification, Signs, advertising, Wholesale storage, sales, and storage services, Solar energy facilities. [26]
50.4.2
Special Uses Allowed.
Planned unit development, Mobile Homes [27]Communications towers . [28]
50.4.3
Dimensional Requirements.
Dimensional requirements shall be as set forth in Article VI, Section 61.
50.4.5
Off-Street Parking and Loading.
Off-street parking and loading shall be provided according to the provisions set forth in Article VII.
50.4.6
Additional Permitted Use. [29]
For areas zoned Light Industry surrounding the Goldsboro-Wayne Municipal Airport, (a) any property owner of record as of September 5, 2006 of a tract of land that has an existing residential unit, may have one additional residential unit per existing tract provided that the existing tract is a minimum of two acres in size, and (b) any property owner of record as of September 5, 2006 of a vacant tract of property, may have one residential unit per existing tract provided that the tract is a minimum of one acre in size.
50.5
AP - Airport District.
The purpose of this district shall be to reduce the possibilities of major catastrophe as a result of falling aircraft and to otherwise reduce the danger to the public in those areas adjacent to air bases and airports by establishing height regulations and limiting population density. Land users are limited to those uses not subject to high population concentrations, and height use regulations are established to avoid the impediment of aircraft approach glide paths.
50.5.5
Permitted Uses.
Accessory building or use, provided there be no more than two (2) such buildings per lot, Agriculture, including the sale and processing of products produced on the premises, Airports, Animal Shelter and Pet Services [30], Auto repair and body shops which have no more than 10 employees working at the facility [31], Automobile wash, Cemetery, Essential public safety and public utility facilities, excluding incinerators or other smoke or fog producing facilities, Forestry, Golf courses, Greenhouse and plant nurseries, Home occupation, subject to Article V, Section 53, Mobile home dwelling, provided that only one (1) mobile home shall be allowed per lot, and in no case shall a mobile home be allowed on a lot occupied by any other principal building, Parks and playgrounds, but excluding stadiums, ballfields and such facilities which attract large numbers of spectators on one site, Publicly owned sanitary landfill, Service stations, Sign advertising, Sign, business identification, Single family dwelling, Solar energy facilities , [32] Woodworking and cabinet shops, provided population density remains low [33], Wholesale Storage and Storage Services [34],
50.5.6
Special Uses Allowed.
Auto repair and body shops having 10 or more persons working at facility [35], Automobile Sales [36], Sewage disposal lagoons, Spice and Extract Manufacturing [37].
50.5.7
Dimensional Requirements.
Dimensional requirements shall be as set forth in Article VI, Section 61.
50.5.8
Off-Street Parking and Loading.
Off-street parking and loading shall be provided according to the provisions set forth in Article VII.
50.6
CS Community Shopping District. [38]
The purpose of this district is to permit retail trade and consumer service establishments in certain areas within the County which provide essential goods and services for day-to-day living to the community residents.
50.6.5
Permitted Uses.
Agriculture, including the sale, storage and processing of products, Animal Shelter and Pet Services [39], Automobile Wash [40], Auto parts and supplies, new, Bakeries, Banks and financial institutions, including loan and finance companies, Barber and beauty shops, Churches, Clubs and lodges, Day care centers [41], [42] Drug stores, Dry Cleaners, Laundries, and Laundromats, Electric, radio and television repair shops, Flea Markets (indoor sales and display only) , Floral and gift shops, Food stores and meat markets, Hardware, paint and floor covering stores, Health and medical facilities, Motels, Offices, business, professional, and public, Public safety and utility facilities, Restaurants, Sale and repair of new and used automobile and other services incident to the operation of an automobile dealership [43], Service stations, Signs, business identification, Self storage units and mini-warehouses [44].
50.6.6
Special Uses Allowed.
Amusement Arcades, Billiard Halls [45], Recreational Vehicle Campgrounds [46], Used Car Sales [47].
50.6.7
Dimensional Requirements.
Dimensional requirements shall be as set forth in Article VI, Section 61.
50.6.8
Off-Street Parking and Loading.
Off-street parking and loading shall be provided according to the provisions set forth in Article VII.
50.8.6a
Prohibited Uses.
Wind Energy Facilities
50.7
HI Heavy Industrial District. [48]
The purpose of this district is to accommodate industries that are not permitted in the Light Industrial District.
50.7.5
Permitted Uses.
All uses permitted in the Light Industry District, Animal Hospitals, Bedding and carpet manufacturing and cleaning establishments, Brick, tile and pottery yards, Bus repair and storage terminals, Chemical manufacturing household or industrial, Churches and related uses, Coal and wood yard, pole treating plants, Cotton gins, cotton waste processing, Feed and seed stores, Fertilizer manufacturing, Flour and feed mills, Foundries producing iron, steel, copper, brass and aluminum products, General contractors office including open storage, Grain products, milling and manufacturing, Hatcheries. Health spas, fitness centers and tanning facilities, Ice and cold storage plants, freezer lockers, Livestock sales barns, Machine tool manufacturing, Meat packing and poultry processing plants, Metal fabricating plants, including boiler and tank works, Mixing plants for concrete or paving materials, the manufacture of concrete products. Mobile Home sales, Monument works and sales, Plastics, rubber and glass products manufacturing, Radio and TV stations and towers, Sawmills, planing mills and wooden box factories, Solar energy facilities [49], Tire recapping shops, Accessory uses and structures including open storage.
50.7.6
Special Uses Allowed.
All uses listed in Section 50.5.1. Borrow pits and Quarries. Junkyards and scrap metal dealers. Landfills. Manufacturing uses not otherwise named herein, upon review by the Planning Board and approval by the County Commissioners.
50.7.7
Dimensional Requirements.
Dimensional requirements shall be set forth in Article VI, Section 61.
50.7.8
Off Street Parking and Loading.
Off street parking and loading shall be provided according to the provisions set forth in Article VII. No required parking shall be within a required yard.
50.7.9
Site Plans.
Every application for Heavy Industry shall include a site plan upon which the developer shall show existing, natural, man made, and legal features. In addition, the site plan shall show any new features or changes to existing features.
50.8
Airport Height Overlay. [50]
The purpose of the overlay designation is to promote the safe conduct of aircraft in the vicinity of an airport, to prevent creation of conditions hazardous to aircraft operation, to prevent loss of life and property, and to encourage development which is compatible with airport use characteristics.
50.8.5
Permitted Uses.
Notwithstanding any other provisions of this Ordinance, no use may be established within the regulated area so as to interfere with navigation, radio communication, or otherwise create a hazard to aircraft operations.
50.8.6
Special Uses Allowed.
None.
50.8.7
Regulated Area.
The area included in the Airport Height Overlay shall be shown on the Wayne County Zoning Map.
50.8.8
Maximum Height Limits.
Except as otherwise provided, no structure shall be constructed or maintained so as to exceed identified maximum imaginary surface heights less ten feet. The imaginary surfaces shall be computed using information from Code of Federal Regulations, Title 14, Part 77, and in Air Force design standards for its airfields. Design standards for Seymour Johnson AFB are found in the Department of Defense Unified Facilities Criteria 3-260-01 Airfield and Heliport Planning and Design. For a more complete description of obstruction evaluation/airport airspace analysis, see FAR Part 77 and the UFC. 50.8.5[50.8.9] Sub-Areas.
50.8.5[50.8.9]
Sub-Areas.
For Seymour Johnson Air Force Base and Mount Olive Airport, the Airport Height Overlay shall be divided into the following sub-areas. The sub-areas shall be designated on the Wayne County Zoning Map.
(1)
Primary Surface (PS). This surface defines the limits of the obstruction clearance requirements in the immediate vicinity of the landing area. The primary surface comprises surfaces of the runway, runway shoulders, and lateral safety zones that extend 200 feet beyond the runway end. The width of the primary surface is 2,000 feet or 1,000 feet on each side of the runway centerline.
(2)
Clear Zone (CZ). This surface defines the limits of the obstruction clearance requirements in the area contiguous to the end of the primary surface. The length and width of the Clear Zone is 3,000 feet by 3,000 feet.
(3)
Approach-Departure Clearance Surface Area (AA). The start of the approach-departure surface is measured 200 feet from the runway threshold. This surface is symmetrical about the extended runway centerline, begins as an inclined plane (glide angle) at each end of the primary surface of the centerline elevation of the runway end, and extends for 50,000 feet beyond the runway. The slope of the approach-departure clearance surface is 50 feet horizontally outward for each one foot vertically upward (50:1) along runway centerline extended (glide angle) until it reaches an elevation of 500 feet above the established airfield elevation. The approach-departure clearance surface continues horizontally at 500 feet to a point 50,000 feet from the start of the glide angle. The width of this surface at the runways end is 2,000 feet; it flares uniformly, and the width at 50,000 feet is 16,000 feet.
(4)
Transitional Surfaces Area (TA). These surfaces connect the primary surfaces, CZ surfaces, and the approach-departure clearance surfaces to the outer horizontal surface, conical surface and other horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7:1 outward and upward at right angles to the runway centerline. To determine the elevation for the beginning of the gradient for the transitional surface slope at any point along the lateral boundary of the primary surface including the CZ, draw a line from this point to the runway centerline. This line will be at right angles to the runway axis. The elevation at the runway centerline is the elevation for the beginning of the 7:1 slope.
(5)
Inner Horizontal Area (IH). This surface is an oval plane that lies 150 feet above the established airfield elevation. This plane is constructed by scribing an arc with a radius of 7,500 feet above the centerline of the runway's end and interconnecting these arcs with tangents.
(6)
Conical Surface Area (CA). This is an inclined surface extending outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet and to a height of 500 feet above the established airfield elevation. The gradient of the conical surface is 20:1.
(7)
Outer Horizontal Area (OH). This surface is a plane located 500 feet above the established airfield elevation that extends for a horizontal distance of 30,000 feet from the outer periphery of the conical surface.
Note: Controlling Elevation: Whenever surfaces or planes of the obstructions criteria overlap, the controlling (or governing elevation) is that of the lowest surface or plane.
For Wayne Executive Jetport, the Airport Height Overlay shall be divided into the following sub-areas.
(1)
Primary Surface (PS). This surface defines the limits of the obstruction clearance requirements in the immediate vicinity of the landing area. The primary surface comprises surfaces of the runways, runway shoulders, and lateral safety zones that extend 200 feet beyond the runway end. The width of the primary surface is 1,000 feet or 500 feet on each side of the runway centerline.
(2)
Approach-Departure Surface Area (AA). Slopes fifty (50) feet outward for each foot upward; beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
(3)
Transitional Surfaces Area (TA). These surfaces connect the primary surfaces and the approach-departure clearance surfaces to the outer horizontal surface, conical surface and other horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7:1 outward and upward at right angles to the runway centerline. To determine the elevation for the beginning of the gradient for the transitional surface slope at any point along the lateral boundary of the primary surface, draw a line from this point to the runway centerline. This line will be at right angles to the runway axis. The elevation at the runway centerline is the elevation for the beginning of the 7:1 slope.
(4)
Horizontal Area (HA). This surface is an oval plane that lies 150 feet above the established airfield elevation. This plane is constructed by scribing an arc with a radius of 10,000 feet above the centerline of the runway's end and interconnecting these arcs with tangents.
(5)
Conical Surface Area (CA). This is an inclined surface extending outward and upward from the outer periphery of the horizontal surface for a horizontal distance of 4,000 feet and to a height of 500 feet above the established airfield elevation. The gradient of the conical surface is 20:1.
(6)
The airport height zones are established based on the latest version of the Airspace Plan within the Wayne Executive Jetport Airport Layout Plan on file with the Wayne County Planning Department.
50.8.10
Approval Procedures.
(1)
All development activity regulated by the provisions of the Airport Height Overlay District are also required to follow all applicable general land use regulations of the County of Wayne. Each application for a development permit shall be accompanied by a plat or site plan, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected and its location on the lot.
(2)
Development activities within the Airport Height Overlay district for Seymour Johnson Air Force Base shall be submitted to the base engineer for review and comment prior to issuance of permits.
50.9
Village District. [51]
The purpose of this district shall be to encourage the development of sustainable communities in rural areas of the county. The zone shall include the protection of schools from non-compatible uses.
50.9.5
Permitted Uses.
Any use permitted in the RA-20 zone. Any use permitted in the Community Shopping zone. Five hundred gallon or larger tanks containing flammable and/or combustible liquid and/or gases shall be placed underground. [52]
50.9.6
Special Uses Allowed.
Any special use permitted in the RA-20 zone.
50.9.7
Dimensional Requirements.
Minimum dimensional requirements shall be as set forth in Article VII Section 61. The maximum lot size shall be one acre for any use other than agriculture, forestry, and residential. All other uses on lots larger than one acre must receive site plan approval.
50.9.8
Off Street Parking and Loading.
Off street parking and loading requirements shall be provided according to the provisions set forth in Article VII.
50.10
Residential Agriculture 30 (RA-30). [53]
The purpose of this district shall be to encourage agricultural uses and allow limited residential uses.
50.10.1
Permitted Uses.
Accessory Uses, Bona Fide Farm activities, Cemeteries, Confined Livestock Facilities, Farm Labor Quarters. Forestry, Fruit Stands. Home Occupation, Kennels, Mobile Homes, Off Premise Signs, Plant Nursery, Self-storage units and mini warehouses [54], Shooting Ranges, Single Family Dwelling, Stables, Towers.
50.10.2
Special Uses.
Clubs and Lodges, Convenience Stores, Recreational Vehicle Campgrounds [55], Solar Energy Facilities. [56]
50.10.3
Dimensional Requirements.
Minimum lot size 30,000 square feet.
50.11
Airport - Industry (AI). [57]
The purpose of this district is to provide for land uses at the end of airport runways.
50.11.1
Permitted Uses.
Lumber and wood products manufacturing; furniture and fixtures manufacturing; paper and allied products manufacturing; printing, publishing and allied industries; communications (no above ground transmission lines); utilities (no above ground transmission lines); wholesale trade; hardware stores and farm equipment; automotive sales; cemeteries (excludes chapels); business services (facilities must be low intensity); repair services; contract construction services (low intensity office use only, no meeting places); nature exhibits; recreational activities (low intensity, no club houses, no areas for gathering of people); parks (low intensity, no club houses, no areas for gathering of people); agriculture, and related activities (low labor intensity, no explosion, or air pollution); livestock (low labor intensity, no explosives, or air pollution); forestry; aquaculture (low labor intensity, no explosives, or air pollution); mining (low labor intensity, no explosives, or air pollution), solar energy facilities. [58]
50.11.2
Special Uses.
None.
50.11.3
Dimensional Requirements.
Dimensional requirements shall be as set forth in Article VI, Section 61.
50.11.3
Off Street Parking and Loading.
Off street parking and loading requirements shall be provided according to the provisions set forth in Article VII.
50.12
Airport Overlay District [59]
50.12.1
Purpose.
The purpose of the Wayne County Airport Overlay District is to provide for compatible land development in areas subject to frequent aircraft flyover and/or aircraft noise. The district is designed to mitigate the effects of aircraft flights that could increase risks to public health, safety, and quality of life.
50.12.2.
Establishment.
The Wayne County Airport Overlay District, known heretofore as the "Airport Overlay District," is hereby established as a district that overlaps and overlays existing zoning districts. The district is further divided into seven sub-districts corresponding to the 65 DNL, 70 DNL, 75 DNL, 80 DNL noise contours, APZ I, and APZ II plus the area within one half mile of the 65 DNL contour. The Airport District shall apply in those areas designated on the Official Zoning Map of Wayne County.
The provisions of the Airport Overlay District shall not be subject to waivers or variances by the Wayne County Planning Board or the Wayne County Board of Adjustment.
50.12.3.
Applicability.
Nothing herein shall require any change in any lawfully constructed building, structure or use in existence at the time of adoption or amendment of this ordinance for its current lawful use.
The provisions of this section shall apply to any application for a building permit, certificate of occupancy, zoning change, special use permits, development permits, vested rights certificates, preliminary and final subdivision/site plan approvals and mobile home parks plan approvals sought after the effective date of this ordinance.
None of the provisions of the Airport Overlay District shall be construed to prohibit the continuance, expansion or reestablishment under current law of any existing use. The noise level reduction design standards apply only to new structures and/or new uses of land and not to structure additions.
Mobile homes moved on to existing mobile home spaces are exempt from the requirements of the Airport Overlay District.
50.12.4
Permitted Uses.
The Airport Overlay District is placed on top of several general use districts, which contain a list of permitted uses. Uses permitted whether by right or as a special use shall be permitted in the Airport Overlay District according to the standards and restrictions indicated in the following tables 1 and 2. The Standard Land Use Coding Manual (SLUCM), U.S. Department of Transportation, was used in grouping various land uses. For additional information on permitted uses refer to Guidelines for Considering Noise in Land Use Planning and Control published in June 1980 by the Federal Interagency Committee on Urban Noise.
TABLE 1
Land Use Compatibility and Accident Potential in the Clear Zone, APZI and APZII
KEY TO TABLE 1. LAND USE COMPATIBILITY AND ACCIDENT POTENTIAL
SLUCM - Standard Land Use Coding Manual, U.S. Department of Transportation
Y (Yes) - Land uses and related structures are normally compatible without restriction.
N (No) - Land uses and related structures are not normally compatible and are prohibited.
Y x - Yes with restrictions. The land uses and related structures are generally compatible; however, see notes indicated by the superscript.
N x - No with exceptions. The land uses and related structures are generally incompatible; however, see notes indicated by the superscript.
FAR - Floor Area Ratio. A floor area ratio is the ratio between the square feet of floor area of the building and the gross site area. It is customarily used to measure non-residential intensities.
Du/Ac - Dwelling Units per Acre. This is customarily used to measure residential densities.
NOTES FOR TABLE 1. LAND USE COMPATIBILITY AND ACCIDENT POTENTIAL
1. A "Yes" or a "No" designation for compatible land use is to be used only for general comparison. Within each, uses exist where further evaluation may be needed in each category as to whether it is clearly compatible, normally compatible, or not compatible due to the variation of densities of people and structures. In general, land use restrictions that limit occupants, including employees, of commercial, service, or industrial buildings or structures to 25 per acre in APZ I and 50 per acre in APZ II are considered to be low density. Outside events should normally be limited to assemblies of not more than 25 people per acre in APZ I, and maximum assemblies of 50 people per acre in APZ II. FARs are calculated using standard parking generation rates for various land uses, vehicle occupancy rates, and desired density in APZ I and APZ II. For APZ I, the formula is FAR = 25 people per acre/(Average Vehicle Occupancy x Average Parking Rate x (43560/1000)). The formula for APZ II is FAR = 50/(Average Vehicle Occupancy x Average Parking Rate x (43560/1000)).
2. The maximum density for detached single family housing is two Du/Ac. In a planned unit development (PUD) of single family detached units where clustered housing development results in large open areas, this density could possibly be increased slightly provided the amount of surface area covered by structures does not exceed 20 percent of the PUD total area. PUD encourages clustered development that leaves large open areas.
3. Other factors to be considered: Labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures, and potential glare to pilots.
4. No structures (except airfield lighting and navigational aids necessary for the safe operation of the airfield when there are no other siting options), buildings, or above-ground utility and communications lines shall be located in Clear Zone areas on or off Seymour Johnson Air Force Base. The Clear Zone is subject to the most severe restrictions.
5. Rights-of-way for fenced highways, without sidewalks or bicycle trails, are allowed.
6. No above-ground passenger terminals and no above-ground power transmission or distribution lines. Prohibited power lines include high-voltage transmission lines and distribution lines that provide power to cities, towns, or regional power for unincorporated areas.
7. Development of renewable energy resources, including solar and geothermal facilities and wind turbines, may impact military operations through hazards to flight or electromagnetic interference. Each new development shall be analyzed for compatibility issues on a case-by-case basis that considers both the proposal and potentially-affected mission.
8. Within SLUCM Code 52, maximum FARs for lumberyards (SLUCM Code 521) are 0.20 in APZ I and 0.40 in APZ II. For hardware, paint, and farm equipment stores, SLUCM Code 525, the maximum FARs are 0.12 in APZ I and 0.24 in APZ II.
9. A shopping center is an integrated group of commercial establishments that is planned, developed, owned, or managed as a unit. Shopping center types include strip, neighborhood, community, regional, and super-regional facilities anchored by small businesses, a supermarket or drug store, discount retailer, department store, or several department stores, respectively. Included in this category are such uses as big box discount clubs, home improvement superstores, office supply superstores, and electronics superstores. The maximum recommended FAR for SLUCM 53 shall be applied to the gross leasable area of the shopping center rather than attempting to use other recommended FARs listed in Table 1 under Retail or Trade.
10. Ancillary uses such as meeting places, auditoriums, etc., are not allowed.
11. No chapels or houses of worship are allowed within APZ I or APZ II.
12. Big box home improvement stores are not included as part of this category.
13. Facilities must be low intensity, and provide no playgrounds, etc. Facilities such as clubs houses, meeting places, auditoriums, large classes, etc., are not allowed.
14. Livestock grazing is a compatible land use, but feedlots and intensive animal husbandry are excluded. Activities that attract concentrations of birds creating a hazard to aircraft operations shall be excluded.
15. Feedlots and intensive animal husbandry are included as compatible land uses.
16. Lumber and timber products removed due to establishment, expansion, or maintenance of Clear Zone lands owned in fee will be disposed of in accordance with applicable DoD guidance.
17. Controlled hunting and fishing may be permitted for the purpose of wildlife management.
18. Surface mining operations that could create retention ponds that may attract waterfowl and present bird/wildlife aircraft strike hazards (BASH), or operations that produce dust or light emissions that could affect pilot vision are not compatible.
19. Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are pre-existing, nonconforming land uses. Naturally occurring water features that attract waterfowl present a potential BASH. Actions to expand naturally occurring water features or construction of new water features shall not be encouraged. If construction of new features is necessary for storm water retention, such features shall be designed so that they do not attract waterfowl.
TABLE 2.
Land Use Compatibility and Noise Exposure
KEY TO TABLE 2. LAND USE COMPATIBILITY AND NOISE EXPOSURE
SLUCM - Standard Land Use Coding Manual, U.S. Department of Transportation
Y (Yes) - Land uses and related structures are normally compatible without restriction.
N (No) - Land uses and related structures are not normally compatible and are prohibited.
Y x - Yes with restrictions. The land uses and related structures are generally compatible; however, see notes indicated by the superscript.
N x - No with exceptions. The land uses and related structures are generally incompatible; however, see notes indicated by the superscript.
25, 30, or 35 - The numbers refer to noise level reduction (NLR) levels. NLR (outdoor to indoor) is achieved through the incorporation of noise attenuation into the design and construction of a structure. Land use and related structures are generally compatible; however, measures to achieve NLR of 25, 30, or 35 must be incorporated into design and construction of structures. However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these numbers.
DNL - Day-Night Average Sound Level
NOTES FOR TABLE 2. LAND USE COMPATIBILITY AND NOISE EXPOSURE
1.
General
a.
Although local conditions regarding the need for housing may require residential use in these zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative development options shall be determined and an evaluation shall be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these zones. Existing residential development is considered as pre-existing, nonconforming land uses.
b.
Where the community determines that these uses must be allowed, measures to achieve outdoor to indoor NLR of at least 25 decibels (dB) in DNL 65-69 and 30 dB in DNL 70-74 shall be incorporated into building codes and be considered in individual approvals; for transient housing, an NLR of at least 35 dB shall be incorporated in DNL 75-79.
c.
Normal permanent construction can be expected to provide an NLR of 20 dB, thus the reduction requirements are often stated as 5, 10, or 15 dB over standard construction and normally assume mechanical ventilation, upgraded sound transmission class ratings in windows and doors, and closed windows year round. Additional consideration shall be given to modifying NLR levels based on peak noise levels or vibrations.
d.
NLR criteria will not eliminate outdoor noise problems. However, building location, site planning, design, and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site shall be used wherever practical in preference to measures that only protect interior spaces.
2.
Measures to achieve a NLR of 25 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.
3.
Measures to achieve a NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.
4.
Measures to achieve a NLR of 35 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.
5.
If a projector proposed development is noise sensitive, use indicated NLR; if not, land use compatible without NLR.
6.
Buildings are not permitted.
7.
Land use is compatible provided special sound reinforcement systems are installed.
8.
Residential buildings require a NLR of 25.
9.
Residential buildings require a NLR of 30.
10.
Residential buildings are not permitted.
11.
Land use that involves outdoor activities is not recommended, but if the community allows such activities, hearing protection devices should be worn when noise sources are present. Long-term exposure (multiple hours per day over many years) to high noise levels can cause hearing loss in some unprotected individuals.
50.12.5
Noise level reduction.
Prior to the issuance of a building permit for a new structure in the Airport Overlay District shown on Table 2 Land Use Compatibility and Noise Exposure, a qualified professional satisfactory to the Inspections Department shall certify that the design standards, construction standards and/or materials used to construct the structure will achieve the required noise level reduction as identified in Table 2.
50.12.6
Required approvals.
The construction standards of this ordinance shall be applied to plans and specifications for any proposed structure or use in the Airport District. The Wayne County Building Inspections office shall issue a building permit only when the applicant can establish that noise level requirements of this ordinance shall be met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land.
None of the provisions of the Airport Overlay District shall be construed to prohibit the continuance, expansion or reestablishment under current law of any existing use. The noise level reduction design standards apply only to new structures and/or new uses of land and not to structure additions.
50.12.7
Approval procedures.
All development activity regulated by the provisions of the Airport Overlay District are also required to follow all applicable general land use regulations of the County of Wayne.
Each application for a development permit shall be accompanied by a plat or site plan, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected and its location on the lot. In addition, in the Airport District, the applicant shall submit detailed cross sections of exterior walls, roofs, ceilings, etc., manufacturers' specification of windows, doors, skylights etc. and details of the heating, air conditioning and ventilation sufficient for the building inspection department to determine compliance with the provision of this section,
50.12.8
Approval criteria.
Development in the Airport Overlay District must meet all the applicable regulations of the general or special use district in which the property is located.
In addition, the approval criteria shall include the permitted uses and the corresponding noise level reduction requirements of the Airport Overlay District found in Table 2 Land Use Compatibility and Noise Exposure.
50.12.9
Notice and disclosure to purchasers/lessees required.
The current Airport Overlay District including noise level contours and accident potential zones shall be indicated on any preliminary or final subdivision plat, master plan, site specific development plan or any other document filed as part of any approval process with the County of Wayne Planning Department after the effective date of this ordinance.
The following notice must appear on any of the above referenced plans or documents:
Property shown on this plan/plat is within the County of Wayne Airport Overlay District. All or a portion of the property described hereon is within an area with an average noise level near to or exceeding 65 DNL.
50.12.10
Definitions.
1.
DNL: The A-weighted average sound level in decibels during a 24-hour period with a 10-decibel weighting applied to nighttime sound levels.
2.
Noise level reduction: Difference in decibels, between the noise level outside a building as shown on the Airport Overlay District Map and the noise level inside a designated room in the building that was caused by exterior noise.
3.
Noise Zone: Any area of land or water that is between two noise contour lines.
4.
Occupied Rooms: Rooms within an enclosed structure that are, or may reasonably be expected to be used for human activities, which involve speech communications, sleeping, eating, listening to live, recorded or broadcast music or speech, or regular usage of telephones.
5.
STC—Sound transmission class: A single figure rating of the sound insulating properties of a partition as determined by methods described in "Determination of Sound Transmission Class," American Society of Testing and Materials Designation E413-73.
(Ord. of 5-20-2024)
Adopted August 1, 2000.
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Adopted November 7, 1989.
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Adopted April 17, 1990.
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Adopted May 18, 1993.
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Adopted February 20, 2001.
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Adopted February 6, 1996.
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Adopted March 18, 2003.
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Adopted May 15, 2007.
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Adopted November 5, 2014.
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Adopted August 8, 1995.
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Adopted December 7, 1998.
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Adopted August 8, 1995.
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Adopted May 15, 2007.
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Adopted January 16, 2007.
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Adopted May 4, 2004.
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Adopted November 27, 2000.
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Adopted June 1, 1999.
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Adopted November 5, 2014.
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Adopted August 17, 1993.
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Adopted June 17, 2014.
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Adopted February 20, 2006.
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Adopted January 16, 2007.
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Adopted February 20, 2001.
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Adopted November 5, 2014.
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Adopted December 21, 1971.
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Adopted December 5, 1995.
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Adopted February 20, 2001.
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Adopted August 3, 2004.
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Adopted September 17, 2002.
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Adopted December 21, 1971.
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Adopted January 16, 2007.
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Adopted May 4, 2004.
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Adopted May 20, 2003.
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Adopted June 19, 2012.
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Adopted September 21, 1976.
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Adopted September 2, 2003.
--- (45) ---
Adopted April 15, 2003.
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Adopted May 15, 2007.
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Adopted July 18, 1995.
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Adopted May 18, 1993.
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Adopted November 5, 2014.
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Readopted June 3, 2008.
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Adopted April 15, 1997.
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Adopted October 6, 1998.
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Adopted May 29, 1997.
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Adopted September 2, 2003.
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Adopted May 15, 2007.
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Adopted November 5, 2014.
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Adopted January 16, 2007.
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Adopted November 5, 2014.
--- (59) ---
Adopted March 1, 2005.
Section 51. - Official Zoning Map.
The boundaries of these districts are hereby established as shown on map(s) hereafter entitled "Official Zoning Map of Wayne County, North Carolina." Said map(s) and the explanatory material thereon is hereby made a part of this ordinance.
Section 52. - Interpretation of District Boundaries.
When uncertainty exists with respect to the location of certain boundaries of districts as shown on the Official Zoning Map(s), the following rules apply:
52.1
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
52.2
Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.
52.3
Boundaries indicated as approximately following city limit lines shall be construed to follow such city limit lines.
52.4
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
52.5
Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
52.6
Distances not specifically indicated on the Official Zoning Map(s) shall be determined by the scale of the map.
52.7
Where physical or cultural features existing on the ground are at a variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 52.1 through 52.6 above, the Board of Adjustment shall interpret the district boundaries.
52.8
Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance the Board of Adjustment may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
Section 53. - Home Occupation.
A home occupation as defined in this ordinance and permitted in any residential district shall be governed by the following requirements:
A.
Only one person other that [than] those residing in the home shall be engaged in the occupation;
B.
The home shall continue to be used principally as a dwelling;
C.
There shall be no change in the outside appearance of the building or premises except one nonilluminated sign, not exceeding three (3) square feet in area;
D.
Any accessory building used for a home occupation shall be compatible with existing dwellings in the area and shall not exceed twenty-five (25) percent of the total floor area under the roof of the dwelling, and shall require a Special Use Permit from the Board of Adjustment [60];
E.
No equipment or process shall be used in such home occupation which creates noise, vibration, fumes, odors, or which causes electrical interference in radio and television reception;
F.
Customer traffic shall be limited to the hours between 6:00a.m. and 10:00 p.m. [61];
G.
No outside storage of goods, supplies or equipment shall be allowed [62];
H.
Off street parking shall be required for customers, in addition to parking requirements for the residence [63];
I.
Only one accessory use shall be allowed per property. [64]
Adopted October 18, 1994.
--- (61) ---
Ibid.
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Ibid.
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Adopted October 18, 1994.
--- (64) ---
Ibid.
Section 54. - Special Uses.
54.1
Permission may be granted for the establishment of special uses as shown in the district regulations if the Board of Adjustment finds from the evidence produced after a study of the complete records that:
A.
The proposed use does not affect adversely the general plans for physical development of the county and will not be contrary to the purposes stated in these regulations;
B.
The proposed use will not adversely affect the health and safety of the county residents and will not be detrimental to the use or development of adjacent properties or other neighborhood uses;
C.
The proposed use will not be affected adversely by existing uses, and will be placed on a lot of sufficient size to satisfy the space requirements of said use;
D.
The proposed use will not constitute a nuisance or hazard because of the number of persons who will use such a facility, the vehicular movement or the noise or fume generation; and
E.
The proposed use shall be subject to the minimum dimensional requirements of the district in which it is to be located, and shall conform to the off-street parking and loading regulations.
54.2
Additional Restrictions.
A.
The Board of Adjustment may issue a special use permit if its findings are favorable. As an additional safeguard, the board may impose or require as conditions such additional restrictions and standards as may be necessary to protect the health and safety of the community, and to protect the value and use of property in the general neighborhood.
B.
Wherever the Board of Adjustment shall find that any of the terms, conditions, or restrictions imposed on the special use are not being complied with, the board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.