There are certain uses that exist which may be constructed, continued, and/or expanded provided they meet certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility among building types so that different uses may be located in proximity to one another without adverse affects to either. This Chapter specifies those requirements that shall be met by all the uses listed in the Use Matrices in Chapter 2 as Uses Permitted with Additional Standards (PS) and uses requiring Special Use Permits (SUP).

Each use shall be permitted upon compliance with all conditions listed for the use in this chapter. Uses classified as Special Uses require a Special Use Permit and Board of Commissioner's approval in accordance with Section 15.15.

The regulations contained in this Chapter shall be applicable in those districts within which such uses are permitted.

A.

Adult Establishment (M&I). The purpose of this ordinance shall be to permit the location of adult establishments within the industrial district of the town provided the proposed business adheres to the guidelines established herein.

Because of their very nature, adult establishments are recognized as having serious objectionable operational characteristics, particularly when they are located near a residential zoning district or certain existing land uses. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to a downgrading or blighting of surrounding residential districts or neighborhoods, unless otherwise determined by this Section.

1.

Location Standards. No portion of a lot for an adult establishment may be located within a 1,000-foot radius (determined by a straight line and not street distance) of the property line of any place of worship, school (public or private), specialty school, day care facility, public park, college or university, nursing home, hospital, any residence or residential zoning district or any establishment with an on-premise ABC license. No portion of the lot on which the adult establishment is located shall be situated within 2,000 feet of another adult establishment.

2.

The owner/operator of the adult establishment must have a current, valid business license. Owner/operator and employees must disclose a criminal record and consent to a criminal records check. Persons with a record of sex offenses will be denied a business license or employment.

3.

There shall be no more than one adult establishment business in the same building, structure, or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any adult establishment business.

4.

The adult establishment shall not be open for business between the hours of midnight and noon. The establishment shall be closed on Sundays.

5.

If dancers are employed as a feature of the adult establishment, the performing areas for such dancers shall be separated from patrons.

6.

If viewing booths are provided, such are to be designed so as to allow the person or occupants to be completely visible from a portion of the premises open and available to the patrons.

7.

An adult establishment may be advertised by one sign on the premises that is not greater than one-fourth of a square foot per linear foot of the building wall and may be illuminated in compliance with Chapter 11. The wall sign shall face a public street right-of-way.

8.

No printed material, video, photograph, written text, live show, or other visual presentation format shall be visible to the public from outside of the walls of the establishment, nor shall any live or recorded voices, music, or sounds be heard from outside the walls of the establishment.

9.

After the commencement of business operations, the Town Board will have the right to require and may require on-site security on any individual adult establishment where there are police reports and/or other police related problems.

B.

Airport (RA*, M&I*) *Special Use.

1.

Hangers or open storage shall be screened with a Type A buffer from all property lines, except those properties with M&I zoning.

2.

Lighting provided shall be per the specifications of Chapter 11.

3.

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

4.

Hours of operation shall be determined based on discussions with potential airport operators.

C.

Alcohol Beverage Sales Store (NC*, CMX, CC, DMX, CH, TND) *Special Use.

1.

Such uses shall not be located within a minimum of 100 feet of the property line for parcels in use with schools, churches, or day care centers.

D.

Amusements, Indoor (CMX, CC, DMX, CH).

1.

No outdoor public address shall be permitted which can be heard beyond the boundaries of the property. All noise shall comply with the town's noise ordinance.

2.

Windows (and doors) shall not have tinting which exceeds the limitations set forth in G.S. 20-127.

E.

Amusements, Outdoor (RA, RR, CMX, CH).

1.

All outdoor amusement uses shall meet the lighting standards for Outdoor Recreational uses listed in Section 11.4.

2.

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

F.

Animal Services (RA, RR, R2, R3, R4, CMX, CC, DMX, CH, M&I).

1.

All buildings and structures related to the overnight care of animals shall be located a minimum of 100 feet from any property line.

2.

All open exercise, boarding, training or similar areas shall be designed to effectively buffer noise audible to surrounding properties and enclosed by a fence or wall no less than six feet in height and screened from any residence by a Type B buffer or off-site view from a public street by a Type C buffer with a minimum width of ten feet.

3.

Hours of operation for the outdoor exercise facility are limited from 7:00 a.m. to 9:00 p.m.

4.

No more than 30 percent of the gross floor area of the principal structure is permitted for use of boarding animals.

G.

Automated Teller Machines (ATMs) (NC).

1.

Signage shall be limited to no more than ten percent of the building facade up to eight square feet and limited to two signs.

2.

Lighting provided shall be per the specifications of Chapter 11.

3.

Any ATM, whether a part of another facility or as a standalone use, shall be integrated as part of the development with similar building materials and design. Metal siding is not permitted.

4.

All ATMs will have paved access.

H.

Bar/Tavern/Night Club (NC*, CMX*, CC*, DMX*, CH*, TND*) *Special Use.

1.

No such facility shall be located within 300 feet of the property line of any lot containing a church or school or any residential district (RA, RR, R2, R3, R4, R7).

I.

Campground—Developed (OSC, RA).

1.

Size: Maximum of ten acres.

2.

Density: Maximum of ten campsites per acre.

3.

Minimum space requirements:

a.

Each space shall consist of at least 2,000 square feet;

b.

Each space shall be designated on the ground by permanent markers.

4.

Minimum setbacks for campsites and accessory structures:

a.

One hundred feet from any adjoining property line;

b.

Fifty feet from any public street right-of-way.

5.

Minimum setbacks for recreational vehicles (or travel trailers): Setbacks shall be at least ten feet from each other or from accessory structures, such as attached awnings or carports, or individual storage facilities.

6.

Access to the site: Access shall be provided by a major or minor thoroughfare or public right-of-way.

7.

Interior drives:

a.

Each campsite shall abut an interior drive;

b.

A minimum of 18 feet in width for two-way travel; a minimum of 12 feet in width for one-way travel;

c.

Paved or consist of a minimum of six-inch compacted gravel;

d.

No parking on either side.

8.

Parking: An all-weather surface area, such as pavement or gravel, with sufficient dimensions to accommodate at least one automobile and camping vehicle shall be constructed within each site.

9.

Walkways: Sidewalks and other walkways within the campground area shall be at least four feet in width with an all-weather surface, such as pavement or gravel. Nature trails are not required to have all-weather surfaces.

10.

Unpaved areas: All unpaved areas within the campground shall have vegetative ground cover adequate to prevent erosion and dust.

11.

Trees: At least one tree shall be provided for each two camping spaces.

12.

Recreation area:

a.

In all campgrounds there shall be at least one recreation area that shall be easily accessible to all spaces.

b.

The size of such area shall not be less than eight percent of the gross site area.

13.

Buffers:

a.

Adjoining residentially zoned properties—Type B buffer, with complete visual separation.

b.

Adjoining non-residentially zoned properties—Type C buffer.

14.

Trash collection areas: All trash collection areas shall be completely screened from view at any public right-of-way or property line.

15.

Telephone: At least one public telephone shall be provided.

16.

Utilities:

a.

All utilities shall be located underground;

b.

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.

c.

Each park shall obtain water from a municipal water supply when available and, when unavailable, from a source approved by the county health department. The water supply and pressure shall be adequate for the park requirements.

17.

Signage: Signage shall be in accordance with signage permitted in residential districts, per Chapter 12.

18.

Maximum length of stay:

a.

Thirty consecutive calendar days;

b.

Ninety calendar days per calendar year

19.

Employee(s): Each campground shall provide at least one full-time attendant.

20.

Manufactured dwellings: It shall be unlawful for a person to park or store a manufactured dwelling in a campground, except that one 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 and approved by reviewing boards.

21.

Accessory uses:

a.

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

b.

The park may contain laundry facilities, limited in usage to campground patrons.

J.

Car Wash, Stand Alone, Self Service (CMX, CC, CH, TND).

1.

The outdoor service area of a car wash (such as vacuum cleaners) shall be placed in the rear yard only and screened from view from the public street(s).

K.

Cemetery (OSC, RA, R2, R3, CMX, CC, MH, CH, M&I).

1.

Setbacks from all street rights-of-way and adjacent properties to a grave shall be a minimum of ten feet.

2.

Brick or stone walls between 2.5 feet and four feet are permitted along the perimeter.

3.

Wrought iron fences between 2.5 feet and six feet are permitted along the perimeter.

4.

Any internal road system shall be designed for adequate parallel parking and stacking for vehicles and provide for convenient circulation for ingress and egress.

5.

A Type A buffer shall be provided along any side or rear property line adjoining a residential district.

6.

Private family or church cemeteries are considered accessory uses and are exempt.

L.

Child/Adult Day Care Home (RA, RR, R2, R3, R4, R7, NC, CMX, CC, DMX, CH, TND).

1.

A Child Day Care Home is limited to no more than eight children being cared for at any one time. Of those eight children, no more than five children may be of pre-school age. Pre-school age children are children who have not yet reached an age to attend school (i.e. kindergarten). Child Day Care Homes providing service to three or less children or providing care less than four hours per day and who are otherwise not subject to the regulation of the North Carolina Department of Health and Human Services Division of Child Development or other licensing agencies, are still subject to the regulations contained herein.

2.

The primary care provider must reside in the Child Day Care Home. No additional employees are permitted in the operation of the Child Day Care Home with the exception of a substitute who provides care during planned absences of the primary caregiver, as allowed by the North Carolina Department of Health and Human Services Division of Child Development.

3.

All rear yards for Child/Adult Day Care Home shall be fenced or walled. The minimum height for such walls or fences shall be four feet.

4.

All equipment pertaining to the operation of a Child/Adult Day Care Home, to include toys, shall be stored in the rear yard. Front yards shall not be used as playground areas.

5.

A building inspection, performed by a Wake County Building Inspector, shall be completed for all Child/Adult Day Care Homes prior to zoning approval by the Town of Wendell.

6.

Hours of operation for Child/Adult Day Care Homes shall be permitted from 6:00 a.m. until 8:00 p.m.

7.

A Child/Adult Day Care Home, required to be licensed by the State of North Carolina, may not be located within one-quarter mile radius of an existing Child/Adult Day Care Home.

8.

Adult Day Care Homes shall meet the requirements of the North Carolina Department of Health and Human Service's "Adult Day Care and Day Health Services Standards for Certification."

M.

Child/Adult Day Care Center (More than eight persons) (NC*, CMX, CC, DMX, CH, M&I, TND) *Special Use.

1.

Outdoor Play Space for Child Care Homes.

a.

Outdoor play space for Child Care Centers shall be provided in accordance with the regulations of North Carolina Department of Human Resources.

b.

Outdoor play space shall be enclosed on all sides by building, and/or permitted types of walls or fences. The minimum height for such fences shall be four feet.

c.

Outdoor play space may not include driveways, parking areas, or land otherwise unsuitable for children's play space.

d.

Outdoor play space may not be in the established front yard.

2.

Adult Day Care Centers shall meet the requirements of the North Carolina Department of Health and Human Service's "Adult Day Care and Day Health Services Standards for Certification."

N.

Cultural or Community Facility (OSC, RA, RR, R2, R3, R4, R7, DMX*) *Special Use.

1.

Cultural or community facilities are permitted as part of a common plan of development but shall not be permitted as infill development.

O.

Drive-Thru Service (NC, CMX, CC, DMX*, CH, TND*) and Drive Thru Retail/Restaurant (CMX, CH) *Special Use.

1.

No drive-thru window or building may be located within 100 feet of any existing residence.

2.

Drive-thru windows and services shall be located and accessed only at the side or rear of a building.

3.

Vehicle storage/stacking areas for drive-thru uses shall be located outside of and physically separated from the right-of-way of any street.

4.

Drive-thru facilities shall be screened from off-site view from a street right-of-way by a Type C buffer with a minimum width of ten feet.

5.

Drive-thru facilities will have paved access going to and from the drive-thru window or service. Areas for drive-thru windows or services must also be paved.

6.

For additional vehicle stacking standards, see Section 10.4 of the UDO.

P.

Accessory Dwelling Unit (ADU) (OSC, RA, RR, R2, R3, R4, R7, NC, CMX, DMX, CH, TND). Accessory dwelling units within single-family houses or on single-family lots shall be encouraged and designed to meet housing needs.

1.

The ADU shall be subordinate to the primary living quarters.

2.

Any ADU shall be located in the rear or side yard of a single-family use lot subject to the requirements of this Section.

3.

ADUs may be created as a second story within detached garages provided that the height of the ADU and/or garage does not exceed the height of the principal structure on the lot.

4.

The gross floor area of the ADU shall be less than the gross floor area of the total principal dwelling.

5.

One additional parking space is required for the ADU unless the number of spaces for the principal structure and ADU is satisfied per Chapter 10.

6.

ADUs shall be architecturally compatible to the principal building (e.g., pitch of roof, wall or trim materials, architectural style, window details).

7.

The ADU will not count toward the total number of accessory structures allowed on the lot.

P1.

Event Venue, Outdoor.

1.

A special use permit shall be required for all uses which meet the definition for Outdoor Event venues.

2.

The traffic generated to and from the site will not create unsafe or inefficient parking, loading, vehicular and pedestrian circulation patterns with consideration, among other things, to: the physical character of roads, the classification of roads, accident experience near the site, traffic volumes existing and projected from approved site plans and subdivisions, interference with any other driveway, and response time of nearby emergency services.

3.

The nearby properties must be protected from sound amplification and lighting. Unless otherwise stipulated based upon factors presented at the public hearing, any music or amplified noise activity shall not be audible beyond the boundary of the property after 11:00 p.m. In addition to time periods, the Town Board may impose noise level limitations or prohibit the presence of a permanent stage as a condition of the special use approval.

4.

Buffers must be provided between the proposed use and adjacent residential uses. The type and location of buffers shall be determined as part of any Special Use Permit approval. Existing vegetation may count towards buffer requirements. Based upon factors presented at the public hearing, the Town Board may include a separation requirement between any proposed activity areas and adjacent property owners.

5.

As part of the SUP proceedings, consideration may be given to the inclusion of non-paved parking facilities for those venues located within a more rural setting where paved parking would detract from the character of the outdoor event space. Similarly, consideration may be given to whether or not bicycle parking facilities are a practical and necessary addition to a given site.

Q.

Family Care Home (OSC, RA, RR, R2, R3, R4, R7, NC, CMX, CC, DMX, CH, MH, TND).

1.

Family Care Homes shall be certified by the State of North Carolina.

2.

No family care home shall be located within a one-half mile radius of another family care home.

R.

Gas Station (CMX, CC, DMX*, CH, TND) *Special Use.

1.

All canopies shall be a minimum of ten feet from any adjoining non-residential property or public right-of-way and 20 feet from any residentially-zoned property.

2.

The sale of food and other items as well as car washes shall be incidental to the primary use of fuel sales.

3.

No gasoline pump shall be located within 100 feet of any existing residence.

4.

All areas where vehicles are stored temporarily shall be considered as parking lots and shall comply with the provisions of Chapter 10.

5.

All such vehicle storage areas shall be located at the rear of the building.

6.

The outdoor service area of a car wash (such as vacuum cleaners) shall be placed in the rear yard only and screened from view from the public street(s).

7.

Lighting provided by canopies shall be per the specifications of Chapter 11.

8.

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

9.

Up to half of required parking may be satisfied by fueling station vehicle spaces.

S.

General Retail (10,000 sf or less).

1.

All canopies and awnings shall be a minimum of 20 feet from any residentially-zoned property.

2.

Outdoor lighting shall be per the specifications of Chapter 11.

3.

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

4.

Drive-thru windows and services shall be located and accessed only at the side or rear of a building.

T.

General Retail—greater than 50,000 square feet (CMX, CC, DMX, CH, TND).

1.

Traffic Study Required: Development greater than 50,000 square feet in Gross Floor Area shall require the submission of a Traffic Impact Analysis in accordance with Section 16.13. The improvements recommended by the Study shall be constructed by the applicant as a condition of approval.

U.

Group Care Facility (More than six residents) (RA, RR, R4*, R7*, NC, CMX, CC, DMX, CH, TND) *Special Use.

1.

Any structure used for such facility in the RR or R4, R7, or NC districts shall maintain an appearance of a residence which is compatible with the surrounding neighborhood. (See Chapter 5 for requirements for House building type.)

2.

The minimum lot size requirement shall be increased by 750 square feet for each person in excess of six people for whom care is provided.

3.

No more than one facility may be located within one-half mile of another similar facility, housing service for the elderly, or adult care facility.

V.

Heavy Equipment Sales and/or RV Sales and/or Farm Equipment Sales and/or Mobile Home Sales (CC, CH, M&I).

1.

Equipment display/storage: No equipment for sale or rent shall be permitted to encroach on any required landscaping areas or buffer yards.

2.

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

3.

All vehicles/equipment, etc., visible from any property line shall be operable, suitable for driving/operating/habituating and ready for sale. Any item not meeting this criterion shall be removed within seven calendar days. Any item visible from the property line that is visibly damaged or missing parts must be removed within three calendar days.

W.

Home Occupation (RA, RR, R2, R3, R4, R7, TND). A home occupation is a permitted accessory to any dwelling unit (except manufactured housing) in accordance with the following requirements:

1.

The home occupation shall be clearly incidental to the residential use of the lot and shall not change the essential residential character of the dwelling or of the surrounding neighborhood. The home shall continue to be used principally as a dwelling.

2.

A home occupation conducted in an accessory structure shall be housed only in a garage or other accessory structure that meets the requirements of this Ordinance.

3.

The use shall employ no more than one person who is not a resident of the dwelling.

4.

The use shall not be open to the public before 7:00 a.m. or after 9:00 p.m.

5.

A home occupation housed within the dwelling shall occupy no more than 25 percent or more than 500 square feet (whichever is less) of the total floor area of the dwelling.

6.

There shall be no visible outside display of stock in trade which is sold on the premises.

7.

There shall be no outdoor storage or visible evidence of equipment or materials used in the home occupation, excepting equipment or materials of a type and quantity that could reasonably be associated with the principal residential use.

8.

Operation of the home occupation shall not be visible from any dwelling on an adjacent lot, nor from a street.

9.

Only non-commercial vehicles will be permitted in connection with the conduct of the home occupation.

10.

The home occupation shall not utilize mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisances outside the dwelling or accessory structure housing the home.

11.

One sign is permitted per lot not to exceed two square feet in size. Sign may not be internally illuminated.

12.

Home occupations shall consist of personal services including, but not limited to, the following: accountant; addressing service, architect, artist, art teacher, attorney, beauty shop, computer operator, drafting, dressmaking, engineering, insurance agent, manufacturer's representative, music teacher, notary public, photography, real estate agent, sound studio, tax consultant, typing service.

13.

Home occupations shall not include the following uses, which are not limited to: retail sales of products, vehicle repair service or sales, theaters, massage, or storage.

X.

Housing Service for the Elderly (R3, R4).

1.

The total number of residents shall not exceed 60 and shall not exceed a density of ten units per acre.

2.

All service areas shall be located at the rear of the building and screened from any residence or off-site view from a public street by a Type C buffer with a minimum width of 20 feet.

3.

Any site shall front on no less than a collector street. Ingress and egress shall be provided directly onto that collector or to a neighborhood street within 150 feet to the collector.

4.

Any structure used for such facility shall maintain an appearance of a residence which is compatible with the surrounding neighborhood.

Y.

Live Work Units (NC, CMX, CC, DMX, CH, TND). Construction shall meet requirements of the International Residential Code, and the following:

1.

The Manufactured Home shall meet the architectural standards of Section 5.8 and 5.9E.

2.

The maximum total size of Live-Work unit is 3,000 square feet and three stories in height.

3.

The work area shall occupy 50 percent or less of the total unit.

4.

The same tenant shall occupy the work area and living area.

Z.

Manufactured Housing (RA, RR, MH, R3).

1.

The Manufactured Home shall meet the architectural standards of Section 5.8 and 5.9E.

2.

A minimum width (the width being the narrower of the two overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least 22 feet for a distance extending along the length (the length being the longer of the two overall dimensions) of at least 40 feet. In general terms, this only permits double-wide manufactured housing.

3.

In no instance may a manufactured home be used for a nonresidential purpose.

AA.

Manufacturing, Light (CMX, DMX*, CH) *Special Use.

1.

All materials or equipment shall be stored within an enclosed building or outdoor storage with opaque fence or wall and restricted to the rear yard.

2.

Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

BB.

Manufacturing, Neighborhood (NC, CMX, CC, DMX*, CH, TND) *Special Use.

1.

All materials or equipment shall be stored within an enclosed building.

2.

Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

3.

Uses such as, but not limited to, small woodworking shop, minor assembly, craftsman, and artisan are preferred.

CC.

Meeting Facilities (OSC, RA, RR, R2, R3, R4, R7, DMX*) *Special Use.

1.

Meeting facilities are permitted as part of a common plan of development but shall not be permitted as infill development.

CC1.

Meeting Facility/Indoor Event Venue.

1.

Meeting Facilities/Indoor Event Venues are permitted as part of a common plan of development, but shall not be permitted as infill development.

2.

In the NC zoning district, a Meeting Facility/Indoor Event Venue use which is not part of a common plan of development and which is designed to accommodate more than 99 occupants shall require a Special Use Permit.

DD.

Micro-Distillery/Micro-Brewery/Micro-Winery (NC, CMX, CC, DMX, CH, M&I, TND).

1.

Except for loading, all activities must occur within a building.

2.

Must have an off-street or alley loading dock.

3.

Maximum floor area may not exceed 20,000 square feet.

4.

Must obtain all applicable ABC commission permits.

5.

If located in the DMX district, the facility must include a tasting room, restaurant, or incorporate tours.

6.

Shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area.

7.

If the facility includes on-site consumption of alcohol (excluding tastings) and does not meet the definition of a restaurant, it shall also be required to meet all standards of a 'Bar/Tavern/Nightclub' and shall only be allowed in those districts in which a Bar/Tavern/Nightclub is permitted.

8.

If located in the NC district or the TND district, the facility must include a restaurant or bar.

EE.

Mini-Warehouses (CMX, CH, M&I).

1.

All areas shall be screened from any residence or offsite view from a public street by a Type C buffer with a minimum width of ten feet.

2.

Metal and vinyl siding are prohibited. Brick, stone or decorative masonry is permitted for all exterior walls.

3.

No outdoor storage of goods or materials shall be permitted.

4.

Animals are not permitted for use as security (i.e., guard dogs).

FF.

Nursery and Garden Center (RA, CH, M&I).

1.

Any outdoor storage of bulk items or aggregate materials (including but not limited to soil, sand, mulch, stone, landscape timbers, fertilizers, etc.) shall be located in a side or rear yard and be fully screened from view from any street right-of-way with plantings, walls or fences.

GG.

Outdoor Kennels/Equine Facilities (RA, RR, CH, M&I).

1.

All open exercise, boarding, training and similar areas shall be enclosed by a perimeter fence or wall no less than four feet in height.

2.

Outdoor kennels will be screened from any pre-existing adjacent residential dwelling (other than the owner's) by a Type A buffer.

3.

No outdoor kennel or accessory building related to the care or boarding of animals shall be located within 300 feet of any dwelling, house, church, business, commercial or professional establishment.

4.

Horses may be kept in accordance with North Carolina Department of Agriculture guidelines.

HH.

Recreation Facilities, Indoor (OSC, RA, RR, R2, R3, R4, R7, DMX*) *Special Use.

1.

Indoor recreation facilities are permitted as part of a common plan of development but shall not be permitted as infill development.

II.

Recreation Facilities, Outdoor (OSC, RA, RR, R2, R3, R4, R7, DMX*) *Special Use.

1.

Outdoor recreation facilities are permitted as part of a common plan of development but shall not be permitted as infill development.

JJ.

Research and Development (CMX*, CC*, DMX*, CH) *Special Use.

1.

All materials or equipment shall be stored within an enclosed building.

2.

Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

KK.

Rooming or Boarding House (R7, NC, CMX, CC, DMX, TND).

1.

All parking areas screened from any residence or off-site view from a public street by a Type B buffer with a minimum width of 20 feet.

2.

All guest rooms must take access from an interior hallway. No guest room shall be accessible without passing through a secured area.

3.

Staff supervision is required to be provided at all times.

4.

One wall sign is permitted and limited to four square feet.

LL.

Shooting Range, Indoor.

1.

This use is prohibited within 1,200 feet of a school.

2.

The building housing this use shall be designed and constructed so as to muffle noise generated by the firing of weapons so that no sound over 60 decibels may be heard at the property line. The method for obtaining this noise level must be identified in the design plans prior to approval.

3.

The allowed hours of operation shall be 9:00 a.m. to 9:00 p.m.

4.

No mechanical or ventilation equipment shall be visible from a public right-of-way. Exhaust air discharged from the range shall meet all state and federal requirements, and designed to separate discharge from any air supply intakes for the same or nearby uses to prevent cross-contamination of heavy metal-laden air.

5.

No storage of lead, ammunition, firearms, gunpowder, or other hazardous or dangerous materials, as may be identified by the Wendell Police Department or the Wake County Fire Marshall, shall be stored in an accessory structure. No cleaning or repair of guns shall be allowed within an accessory structure.

6.

The applicant must provide proof of insurance as part of their Special Use Permit (SUP) submittal. All shooting range facilities shall maintain general liability insurance coverage in an amount of not less than $3,000,000.00 through an insurance company licensed to do business in North Carolina. The policy shall not exclude coverage for property damage or personal injury cause by the discharge of firearms.

MM.

Storage—Warehouse, Indoor Storage (CMX, DMX).

1.

Facility is limited to 5,000 square feet per floor in the DMX District.

2.

No outdoor storage of any kind is permitted.

NN.

Studio—Art, Music (DMX).

1.

Art studios and music studios are prohibited on the ground floor of buildings where the studio faces a public street.

OO.

Sweepstakes Center (CH*) *Special Use.

1.

Selling and/or consuming alcoholic beverages are prohibited.

2.

Persons under the age of 18 are prohibited from the premises.

3.

All sweepstakes centers shall be located at least 1,000 feet from any school, church, or residential use.

4.

Parking shall be provided at a rate of one space per terminal/machine.

5.

The permitted hours of operation for sweepstakes centers shall be 9:00 a.m. to 10:00 p.m.

6.

All uses meeting the definition of "internet cafe;" or "sweepstakes center" legitimately established prior to March 22, 2010 shall cease operations and close or be brought into compliance by midnight, September 22, 2010.

7.

Sweepstakes Centers shall be operated only on the ground floor of a building and plate glass windows shall be in those parts of the building facing any street, so that a clear and unobstructed view of the interior may be had from the street.

8.

No curtains, screens, blinds, partitions, or other obstructions shall be placed between the entrance to the room where computers or gaming terminals are stationed and the rear walls of the room so that a clear view of the interior may be had from the street.

9.

Adequate lighting shall be provided inside the sweepstakes center as well as the immediate exterior of the building.

10.

The establishment must be a minimum of 1,000 feet from any other sweepstakes center.

11.

Sweepstakes Centers shall have at least 100 square feet of space per gaming terminal.

12.

Cash payouts shall be limited to $500.00 per individual per visit.

13.

After the commencement of business operations, the Town Board will have the right to require and may require on-site security on any individual internet cafe business where there are police reports and/or other police related problems.

PP.

Tattoo Parlor (CH).

1.

Location Standards. No portion of a lot for a tattoo parlor may be located within a 1,000-foot radius (determined by a straight line and not street distance) of the property line of any place of worship, school (public or private), specialty school, day care facility, public park, college or university, nursing home, hospital, any residence or residential zoning district or any establishment with an on-premise ABC license. No portion of the lot on which the tattoo parlor is located shall be situated within 2,000 feet of another tattoo parlor.

2.

There shall be no more than one tattoo parlor in the same building, structure, or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any tattoo parlor.

3.

A tattoo parlor may be advertised by one sign on the premises that is not greater than one-fourth of a square foot per linear foot of the building wall and may be illuminated in compliance with Chapter 11. The wall sign shall face a public street right-of-way.

4.

No printed material, video, photograph, written text, live show, or other visual presentation format shall be visible to the public from outside of the walls of the establishment, nor shall any live or recorded voices, music, or sounds be heard from outside the walls of the establishment.

5.

After the commencement of business operations, the Town Board will have the right to require and may require on-site security on any individual tattoo parlor where there are police reports and/or other police related problems.

6.

Tattoo parlors shall not be open before 10:00 a.m. or after midnight.

QQ.

Theater, Live Performance, Outdoor.

1.

All such uses shall require a special use permit. As part of the special use permit approval process, sites may be subject to additional conditions related to such items as noise and occupancy levels, and hours of operation.

2.

Outdoor Theaters shall be buffered from adjoining residential uses with a Type A buffer, as described in Chapter 8 of the UDO.

3.

The performance and audience areas for any outdoor theater shall be located a minimum of 200 feet from any adjacent residentially zoned property.

4.

Primary access to all outdoor theatres shall be to a collector or higher order street.

5.

Nearby properties must be protected from sound amplification and lighting. Unless otherwise stipulated based upon factors presented at the public hearing, any music or amplified noise activity shall not be audible beyond the boundary of the property after 11:00 p.m.

RR.

Transit Station—Passenger (R2, R3, R4, R7, NC, CMX, CC, DMX, MH, CH, M&I, TND).

1.

All transit stations must have seating available within a covered waiting area.

2.

Any outdoor storage areas shall be located at the rear of the building and enclosed by an opaque fence or wall and screened from the right-of-way with a Type B buffer with a minimum width of 20 feet.

3.

All areas where fleet vehicles are stored temporarily shall be considered as parking lots and must comply with the provisions of Chapter 10.

4.

All maintenance of fleet vehicles and related materials and equipment shall be within an enclosed building or outdoor storage area with an opaque fence or wall and is restricted to the rear yard.

5.

All vehicles shall be operable and suitable for driving. Any vehicle not meeting this criterion shall be removed within seven calendar days. Any damaged vehicle or one missing parts must be removed within three calendar days.

6.

Any operation that results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

SS.

Utilities Class I, II, III (OSC, RA, RR, R2, R3, R4, R7, NC, CMX, CC, MH, CH, M&I).

1.

Utilities Class I, II, III shall provide an opaque vegetative buffer so they may not be seen from an adjacent property line or right-of-way.

2.

Additional measures may be required by the Administrator to be consistent with the surrounding area.

TT.

Vehicle Sales (CMX, CC, DMX, CH, M&I).

1.

Equipment Display/Storage. No equipment for sale or rent shall be permitted to encroach on any required landscaping areas or buffer yards.

2.

Outdoor PA Systems. No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property.

3.

DMX District. Vehicle Sales shall not at any time occupy more than 16 percent of the DMX District.

UU.

Vehicle Services—Minor Maintenance/Repair (CMX, CC, DMX, CH, M&I).

1.

All vehicles, materials or equipment shall be stored within an enclosed building or outdoor storage with opaque fence or wall and restricted to the rear yard.

2.

Storage yards shall be set back a minimum of 50 feet from any residential district. No stored vehicles may be visible from any property line.

3.

Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

4.

No vehicle may be kept or used for parts for other vehicles.

5.

No vehicles may be stored for more than 30 calendar days without repair work.

6.

Car washes must be approved by the City of Raleigh Public Utilities Department.

VV.

Vehicle Services—Major Repair/Body Work (CMX, DMX, CH, M&I).

1.

All vehicles, materials or equipment shall be stored within an enclosed building or outdoor storage with opaque fence or wall and restricted to the rear yard.

2.

Storage yards shall be set back a minimum of 50 feet from any residential district. No stored vehicles may be visible from any property line.

3.

Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

4.

No vehicle may be kept or used for parts for other vehicles.

5.

No vehicles may be stored for more than 30 calendar days without repair work.

6.

Car washes must be approved by the City of Raleigh Public Utilities Department.

WW.

Wireless Telecommunication Facility (SUP Required).

See Appendix D for Wireless Telecommunication Standards.

(Ord. No. O-4-2017, § 3, 1-9-2017; Ord. No. O-13-2017, §§ 3—5, 6-12-2017; Ord. No. O-11-2019, § 3, 6-24-2019; Ord. No. O-13-2020, § 2, 6-8-2020; Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-08-2023, § 1, 3-13-2023)